After that finding no other alternative the complainant made a complaint before the office of the Assistant Director, C.A. & F.B.P., Alipurduar Regional Office on 13/09/2023 vide complaint Index No. 36/485/CICC/2023-2024 but the O.P was remained absent on the date fixed on 16/10/2023, 30/10/2023 and 10/11/2023 and no solution was came out. After that the complainant sent a legal notice through an Advocate on 29/11/2023 but after sending the notice as per postal track report the O.P had not responded. After that the complainant came before this Commission and praying for relief.
In order to prove his case the complainant filed evidence-on-affidavit and written argument and filed some documents which are given below:-
- Photocopy of Notification (Annexure – I).
- Photocopy of Complainant’s bank passbook and transaction details (Annexure – II).
- Photocopy of E-mail (Annexure – III).
- Photocopy of Pre-litigation Mediation (Annexure – IV).
- Photocopy of Legal Notice (Annexure – V).
It appears from the case record and the postal track consignment report which is lying with the case record where it is seen by us that the O.P had received the notice on 12/02/2024 but despite receiving the notice the O.P did not turn up subsequently and did not file any written version in order to contest the case before this Commission. So, the case has been proceeded ex-parte against the O.P.
In this context the following issues are necessarily come up for the proper adjudication of the case.
We have heard argument by Ld. Advocate for the complainant. Perused the case record and the documents filed by the complainant.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s. 2(7)(ii) of Consumer Protection Act, 2019 ?
- Has this Commission jurisdiction to try the instant case?
- Is there any deficiency in service on the part of the O.Ps?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all these points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.
It appears from the case record that the complainant applied for Diploma in Engineering at West Bengal State Council of Technical and Vocational Education and Skill Development and for this purpose he paid Rs. 2,000/- through UPI transaction and those rupees got deducted from the complainant’s account but the service was not delivered. So, there is no hesitation to hold that the complainant is a consumer within the meaning u/s. 2(7)(ii) of Consumer Protection Act, 2019.
It is also seen from the case record as well as the evidence by the complainant that the complainant resides within the jurisdiction of this Commission. Therefore, this Commission has territorial jurisdiction to try this instant case.
Now the question is, is there any deficiency on the part of the O.P? or Is the complainant is entitled to get any relief / reliefs as prayed for?
We have looked into the complaint’s copy, evidence-on-affidavit and written argument and documents filed by the complainant minutely.
We have looked into the details of the documents submitted by the complainant. The complainant made repeated payment of Rs. 500/- three times as counseling through UPI transaction and also the complainant made one extra payment of Rs. 1,000/- for provisional fees booking through the same mode of transaction as it was the last date for the submission of require fees, the complainant made two repeated payments of Rs. 500/- and one repeated payment of Rs. 1,000/-. Those payments were done for admission into Diploma in Engineering at W.B.S.C.T.V.E.S.D under the notice vide Memo No. WBSCTVESD/TED/2023-24/0627 of the O.P. as the first payment of Rs. 500/- for submission of counseling fee and the first payment of Rs. 1,000/- for provisional seat booking were reported as “service not delivered” by the third party app that is Google Pay. We have seen from the case record and bank statement that all the payments were confirmed by the bank of the complainant and the same amount also deducted from the complainant’s bank account.
It is also noticed by us that on 25/08/2023 via e-mail the complainant lodged a complaint with the O.P, sought for refund of the excess payment of Rs. 2,000/- and also gave a reminder via e-mail on 07/09/2023 for the same. The complainant also made several telephone calls to the office of the O.P but none responded to those telephone calls from the O.P’s end.
We have also seen that the complainant also visited the office of the Assistant Director, C.A. & F.B.P., Alipurduar Regional Office and lodged a complaint vide complaint Index No. 36/485/CICC/2023 and several mediation date were fixed but the O.P did not appear. Finding no other alternatives the complainant came before this Commission for seeking relief.
We find from the documents that the O.P received an excess amount of Rs. 2,000/- which was paid by the complainant for admission into the Diploma in Engineering Course of O.P. The extra amount (Rs. 2,000/-) which was paid by the complainant out of the stipulated fee that is counseling fee (Rs. 500/-) and provisional seat booking fee (Rs. 1,000/-) was mistakenly accrued in favour of the O.P.
Considering the above facts and circumstances we opined that the complainant is the bona fide consumer of the O.P. The complainant proved his case and he is entitled to get Rs. 2,000/- for his claim amount with an interest @ 6% until the realization of the aforesaid amount and Rs. 5,000/- for his mental agony and harassment. As the case is provided as legal aid to the complainant so the complainant will not get any litigation cost from this case.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and the same is allowed ex-parte against the O.P. The complainant do get claim amount of Rs. 2,000/- (two thousand) which was paid by the complainant to the O.P as excess fee along with interest of 6% Per annum from the date of claim to till the realization of the amount. The complainant is also do get an award amounting to Rs. 5,000/- (Five Thousand) as compensation for his harassment, mental agony and sufferings; total decreetal amount of Rs. 7,000/- (Seven Thousands) excluding interest. As the case is provided as legal aid to the complainant so the complainant will not get any litigation costs from this case. The O.P is hereby directed to comply this order within 30 days from this day, failing which legal action will be taken against the O.P.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
