Orissa

Cuttak

CC/48/2023

Adya S Anurakta - Complainant(s)

Versus

The Principal,The Law College - Opp.Party(s)

B P Bal & associates

21 Dec 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.48/2023

           ADYA S ANURAKTA,

           D/o: Biraja Prasanna Bal,

           At:Plot No.1068/D,Sector-6,C.D.A,

           P.S:Markat Nagar,Dist:Cuttack-753014.                    ... Complainant.

 

          Vrs.

 

The Principal,

. The Law College,

Ring Road,Near Ashwini Hospital,

Sector-1,C.D.A,P.S:Markat Nagar,

                   Cuttack.                                                                             ...Opp.Party

 

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    03.02.2023

Date of Order:  21.12.2023

 

For the complainant:              Mr. B.P.Bal,Adv. & Associates.

For the O.P.                :                Mr. S.Mohanty,Adv. & Associates.

 

Sri Debasish Nayak,President       

          The case of the complainant as made out from the complaint petition bereft unnecessary details in short is that after passing her 12^th class in Commerce, she had applied at The Law College, Cuttack for prosecuting her studies into the 5 years Integrated B.A.,LL.B (Hons) course. After applying for the same she was issued Index card accordingly.  She had also applied for the same course at Madhusudan Law University and had received the Index Card.  On 16.9.21 she received intimation from the O.P for getting admission at The Law College on 23.9.2021.  As per the advice, she had carried all her testimonials including CLC, Passport size photographs, pass certificates with bank draft of Rs.40,000/- in favour of the said The Law College.  She has deposited her bank draft bearing No.949809 drawn on 22.9.2021 to the tune of Rs.40,000/- in the name of the O.P alongwith other testimonials and documents and had obtained receipt thereof on 23.4.2021.  After getting admitted into The Law College, subsequently on 1.10.2021 she received e-mail from the Registrar, Madhusudan Law University intimating her that she was provisionally selected to be admitted for the B.A.,LL.B.(Hons) course and was instructed to report on 4.10.2021.  Accordingly, she had been to the Madhusudan Law University on 4.10.2021 and got herself admitted there in the first semester of the 5-year B.A.,LL.B.(Hons) course.  While getting admitted into The Law College on 23.9.21, the authorities of the said college had clarified that in case she opts to take admission in some other college/university and wishes to leave the college within a month of getting admission, then she would be returned back the entire deposited amount of Rs.40,000/-.  Accordingly, she had requested for refund of her money from the O.P.  But when the same was not refunded, she had written a letter in that context to the O.P on 29.10.21.  When there was no response to her letter from the O.P, she had sent a pleader’s notice even to the O.P on 22.11.22.  Ultimately, having no other way out, the complainant had approached before this Commission seeking direction to the O.P in order to refund her deposited amount of Rs,40,000/-.  She has further prayed for a compensation of Rs.1,00,000/- towards her mental agony and harassment from the O.P together with her litigation expenses of Rs.20,000/-.  She has also prayed for any other order as deemed fit and proper.

          Alongwith her complaint petition, the complainant has filed copies of several documents in order to prove her case.

2.       The O.P has contested this case and has filed written version wherein it has been mentioned that the complainant has no cause of action to file this case.  It is alleged by the O.P through the written version that the mandatory provisions of the institution was not properly followed by the complainant who had rather adopted unfair means violating the rule of law in their institution.  The O.P has further mentioned that in order to obtain transfer certificate, the desirous student is to pay a sum of Rs.1000/- towards the fees which has not been done by the present complainant in this case.  The O.P has harped through the written version that the dispute between the student and the institution does not fall under the purview of the Consumer’s Protection Act and thus it is alleged by the O.P that there was no deficiency in service for which it is prayed by the O.P to dismiss the complaint petition as filed. 

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.P, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P ?

iii.        Whether the complainant is entitled to the reliefs as claimed by her?

Issues no.II.

Out of the three issues, issues no.ii  being the pertinent issue is taken up  first for consideration here in this case.

After perusing the contents of the complaint petition, that of the written version, written notes of submissions as filed from either sides as well as the documents as filed from either sides, it is noticed that the complainant infact had got herself admitted to The Law College,Cuttack on 23.9.2021 by depositing a sum of Rs.40,000/- in the shape of Demand Draft.  As per Annexure-5 available in the case record, it goes to show that the said admission fee as paid by the complainant includes tuition fee, electric charges, fees for identity card, fees for examination centre, fees for library development, fees for cultural activities, fees for Moot Court, fees for library development, fees for seminar/symposium, sports and miscellaneous etc.  As per the copies of documents available here in this case, it is noticed that the complainant had got herself admitted to Madhusudan Law University on 4.10.2021.  This goes to show that she had not availed any of the opportunities like library, examination, sports etc.  Per contra, while perusing the “notes and order” as filed by the O.P here in this case it signifies that on 23.9.2021 the complainant was admitted and money receipt was issued to her reflecting therein that the draft amount of Rs.40,000/- as received from her.  According to the said “notes and order” on 3.10.21 the first-year classes commenced and information was sent by message. On 10.10.21 the attendance register showed absence of the complainant continuously in the classes and on 2.11.21 communication was sent to the parent (of the complainant) for show-cause for his daughter’s continuous absence.  This plea of the O.P finds good upto the date of 23.9.21 but the intimation about the classes of the first year to be commenced which was made through message on 3.10.21 is not substantiated properly by the O.P as regards to the mode of sending the message whether through telephonically or through SMS, Whatsapp, Instagram, Twitter etc. and if at all the message was sent, if it was within the knowledge of the complainant.  Moreso, the show-cause as sent to the parent of the complainant on 2.11.21 is not amply proved through any cogent evidence that infact such show-cause was issued by the O.P being addressed to the parent of the complainant and the same was received by the parent of the complainant so as to justify the plea taken by the O.P.  Thus in absence of such, when the complainant has opted to quit The Law College and study at Madhusudan Law University and when she had written to the O.P for refunding her amount as paid towards her admission at The Law College,Cuttack by not refunding the same the O.Ps are found to be deficient in their service.  Accordingly, this issue goes in favour of the complainant.

Issues no.i & iii.

 From the discussions as made above, the case of the complainant is maintainable and the complainant is definitely entitled to the reliefs as claimed by her.  Hence, it is so ordered;

                                              ORDER

Case is decreed on contest against the O.P.  Thus, the O.P is directed to refund the admission fees of Rs.40,000/- to the complainant forthwith.  The O.P is also directed to pay a sum of Rs.20,000/- to the complainant towards compensation for her mental agony and harassment alongwith her litigation cost to the tune of Rs.10,000/-.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 21^st day of December,2023 under the seal and signature of this Commission.         

 

                                                                                             Sri Debasish Nayak

                                                                                                   President

 

 

                                                                                             Sri Sibananda Mohanty

                                                                                                           Member