DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No.79/2021

Date of Filing:                       Date of Admission:                 Date of Disposal:

    19.03.2021                                    26.03.2021                              13.04.2023

P R E S E N T                :- Smt. Sukla Sengupta……………..President.

:- Smt. Monisha Shaw……………… Member.

                                       :- Sri.  Abhijit Basu…………………. Member.

          JUDGMENT/FINAL ORDER

          The complainant filed this case U/s. 35 of the Consumer Protection Act, 2019 as amended upto date.

          The brief facts of the case is as under-

          The complainant           is a student. The O.Ps are the private educational business sector. The campus and office of O.P. No.1 is within the jurisdiction of this commission. In the year 2018 for higher education for Studying Media Science. Complainant went to O.P. No.1 for getting information about Media Science Specially, O.P assured about its failing and other matters. Being convinced by the representation made by the O.P the complainant took admission in the school of O.Ps management on 19. 01.2018 and got admission letter on 30.01.2018 and acceptance letter against admission received on 08.03.2018.

          At the time of admission this complainant approached for student loan and the opposite parties accordingly the same and as per norms at the time of admission the complainant had to pay of Rs.48,000/- on 19.01.2018 vide bill No. 7396 and also taken a sum of Rs. 700/- for prospectus on 26.12.2017 vide bill No. 7375 and without taking consent the O.Ps took first and second instalment of Rs. 33,000/- and was encashed from IDBI Bank located at AD75, 1^st Avenue, Sd Block, Sector-1, Salt Lake City, Bidhannagar, Kolkata-700064.

Contd. To Page No. 2 . . . ./

: :  2  : :

C.C. No.79/2021

          But since beginning there was no proper infrastructure in Studying Media Science and even there was no subject teacher to run the class.

          The opposite parties School of Management failed to give any class routine or supply study materials and class was not maintained properly in single day. The complainant and other students went to the Assistant Principal and then to Senior Management of Education and Development Ms. Nishat Ismail, they assured the complainant along with other students that the class will going to be started after to the September, 2018, on the ground that the authority concern was waiting for second batch. It is also mentioned that when complainant and other students went to higher officials of the institute of O.Ps at that time one officer namely Mr. Sumit requested to start the practical classes but most unfortunately the complainant and other students got the response that the Lab is under construction. The O.Ps have not any proper infrastructure in Studying  Media Science. Compelling circumstances on 01.10.2018 complainant places grievance to Senior Manager and prays return of deposited amount of Rs. 48,000/- for admission fee and advance amount of Rs. 33,000/- as he want to leave the institute otherwise his carrier will be in a stake condition and complainant also placed one letter stating the mother’s illness. But the O.Ps refused to refund the admission amount as well as installment amount paid by the HDFC Bank. Thereafter the complainant lodged application before Assistant Director of Consumer Affairs Department. The authority tried for mediation but in vain. Lastly on 10.03.2021 complainant and his father went to O.P. No.1 and requested for refund the same but at that time O.P. No.1 along with his men and agents behaved very rudely and refused to pay anything and even threated with consequences if again ask for said payment. Compelling circumstances complainant filed this case before this commission.  

Issues framed for the purpose of decision

1.Whether the case is maintainable or not?

2. Whether the complainant is entitled to get relief or reliefs as prayed or not?

Decision with reasons

Considering the facts and circumstances as well as nature and character of the case all the points are interlinked with each other and as such all the points are taken up together for consideration.

          This is an institute which is affiliated to Moulana Abdul Kalam Azad University of Technology. This institute is like a coaching institute and it cannot be equated to an institute such as University or such Educational Institute which describe in the light of judgment of Hon’ble Supreme Court. The opposite parties are not conventional educational institute.

Contd. To Page No. 3 . . . ./

: :  3  : :

C.C. No.79/2021

          In this case complainant paid advance amount and instalment of educational loan amount but the opposite parties did not provide class routine and did not supply study materials. Even class was not maintain properly in a single day. Practical class was not held as the Lab was under construction. The O.Ps were waiting for second batch to come. The said sinerio is not desirable from any private educational business sector.

          Here the complainant is consumer who sought to avail service for consideration and opposite parties are provider of service. As such this case is under the dispute of Consumer Protection Act. In the instant case the regular class was not held, routine was not supplied, no study material supplied by the opposite parties, practical class were no made due to lack of infrastructure. Hence the complainant decided to leave from the institute and requested to refund his entire admission fee Rs. 45,000/- along with Rs. 33,000/- which was first instalment of educational loan. The O.Ps waited for next batch for start their semester. The O.Ps cannot wait for next batch as the time of every student is very important. One student cannot waste his /her time for next batch. The advocate for complainant relied upon two ruling of Hon’ble NCDRC being R.P.. No.3365 of 2006 in Appeal No. A-830 of 2006 of State Commission and Revision Petition 3052 of 2018. It is observed from the said citation of the Advocate of complainant that the rulling of the Supreme Court is very much relevant the opposite parties are obliged to return the advance fee for the period when student did not attend the course. It is also mentioned that the O.P is not an educational institution and/ or this institute are not educational institute and unlike educational institute and they are not regulated by statutes like the All India of Technical Education Secondary School Board etc. As the O.Ps are not educational institute as per view of the judgment Supreme Court, therefore this case shall come within the ambit and scope of Consumer Protection Act. The opposite parties cannot be given advantage of the judgment of the Hon’ble Supreme Court in Maharshi Dayanand University  -Vs- Surjeet Kaur.

          Here complainant is a consumer and O.Ps are service provider but O.Ps did not provide their service. Due to deficiency of service and wastage of time of the complainant the O.Ps shall liable to refund received amount with cost and compensation. The complainant proves his case as such he is entitled to get relief.

          All the points are disposed of accordingly.

Hence,

                         it is ordered

          that the case being No. 79/2021 be and the same is allowed exparte against the opposite parties.

Contd. To Page No. 4 . . . ./

: : 4  : :

C.C. No.79/2021

It is hereby directed the opposite parties to return and / or refund the entire amount (i.e. entire admission fee Rs. 48,000/- along with 1^st installation of educational loan of Rs. 33,000/-) which received from the complainant with compensation of Rs. 10,000/- for mental agony and pain and Rs. 10,000/- for litigation cost within three months from the date of judgement with 6% interest upon Rs. 81,000/- from the date of receipt of money till recovery.  Failing which the complainant has liberty to file execution case as per law.

           Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated & Corrected by me                      

Member

Member                                             Member                                  President