Order-20.

Date-31/08/2015.

In brief the Complainant Soma Mitra’s case is that she took admission in the certificate course of Hair and Skin Care (Beautification) in the month of September, 2012 in the op’s Institution West Bengal Urban Academy Pvt. Ltd. being satisfied about the advertisement as published in prospectus of the op for a duration of 6 months course and course fees was offered by the op was Rs. 2,100/- and complainant accordingly deposited the entire amount within the period from 28.09.2012 to 20.02.2013.

But against such payment she received 5 receipts against payment of Rs. 900/- &Rs. 300/-.But in respect of such payment of Rs. 300/- dated 20.02.2013, complainant did not get any receipt and on receipt of the entire amount, complainant was allowed to seat for final examination held on in the last week of March-2013.Complainant completed the same but even after completion of final examination, the certificate has not been issued by the op and in this regard complainant again and again went to the office of the op but op refused to handover the said certificate.When the Demand Notice was sent by the complainant’s Ld. Lawyer on 04.09.2012 addressed to op nos. 1 & 2 which was duly received by ops on 05.09.2014 but no certificate has been issued and for such sort of negligence and deficient manner of service, complainant is entitled to get such relief and fact remains that op by a letter dated 10.09.2014 reported to the complainant that complainant did not pay her last month installment that is why she is not entitled to get certificate but such claim is false and fabricated and in such circumstances, complainant has prayed for redressal.

On the other hand op by filing written statement submitted that undisputed fact is that complainant paid Rs.1,800/- out of Rs. 2,100/- the total fees of the course and even after non-payment of Rs. 300/-, op permitted her to complete her examination and she completed her examination and thereafter op reported her to pay the balance amount of Rs. 300/- but complainant did not pay it.

It is specifically mentioned that institute is liable to provide the details of student’s enrolment particulars and other matters of Government of West Bengal who strictly monitored the same and taken care of the students and after such arrangement the said Department of Government of West Bengal collected fees from the students by the institute and if any student fails to clear his/her dues, the Department would not prepare the qualification certificate and therefore the preparation of certificate does not only depend on the fancy of the Institute rather it cannot be issued to a passed out candidate unless the Government is satisfied in all accounts.

So, there was no negligence and deficiency on the part of the op.Further it is submitted that the claim of the complainant is that she paid Rs. 300/- but receipt was not received because in all receipts on payment of fees and only particular place there was no scope on the part of the op after receipt of Rs. 300/- and not to issue any receipt.

So, considering all the above fact, it would be found that there was no deficiency of service, but it is fault on the part of the complainant.It is specifically mentioned that as per guideline of the State Government, complainant was reported that unless the fee of Rs. 300/- along with late fee of Re.1/- per day accrued and due since the date of 11.02.2014 is cleared off and the Youth Services Department will not prepare any certificate.But complainant did not follow that for which she is not entitled to get the certificate and it is not fault on the part of the Institution.So, the present complaint should be dismissed.

Decision with reasons

After comprehensive study of the complaint and written version and also the argument as advanced by both the parties and their Ld. Lawyers, we are convinced to hold that undisputed fact is that complainant was a student of ops institution for the certificate course in Hair & Skin Care (Beautician).Admitted position is that complainant completed the course, appeared in the final examination, but her certificate or result has not been declared only on the ground that she did not pay Rs. 300/- out of total course fee of Rs. 2,100/- and that is the dispute.

But after over all consideration of the materials, we have gathered that as and when complainant paid the fees, she received the receipts against payment and truth is that complainant got all receipts against payment up to Rs. 1,800/-, but her claim is that she paid last installment amount of Rs. 300/-, but did not get any receipt.But considering the documents of the complainant including the rules and regulations of the ops’, we find that the allegation of the complainant is that she paid Rs. 300/- but did not get any receipt has no basis for want of truthful materials.Rather it is proved that ops did not receive such amount for which her result is withheld and certificate is not issued by the op because op is affiliated to State Youth Department and they are guided by rules and regulations of the said State Youth Department, Govt. of West Bengal and op has admitted that if complainant paysRs. 300/- in that case result would be cleared by the State Youth Department, Govt. of West Bengal when it would be handed over to the complainant.But in this case it is proved that the certificate could not be issued by the ops only on the ground that complainant has not paid Rs.300/- and truth is that it would be paid on 11.02.2014.But complainant did not pay it for which the certificate could not be issued by the ops.

Fact remains that op has tried to convince that for non-payment of Rs. 300/- since 11.02.2014 per day late fee fine at the rate of Re.1/- per day would also be calculated till payment of Rs. 300/- and that accumulated late fee should also be deposited by the complainant and thereafter the certificate shall be issued.

But considering the above allegation of the op, we find that there is no such rules and regulations of the State Youth Department, Govt. of West Bengal to impose late fine for default for payment of fee and after consulting other papers of the State Youth Department, Govt. of West Bengal also op such a fine cannot be collected from the student who already completed their course.So, in such a position late fee of Re.1/- per day by the ops is completely uncalled for and without any foundation and under any circumstances, opsare not liable to impose the same.But invariably complainant shall have to clear Rs. 300/- and on receipt of the same against issuance of receipt, ops shall have to deliver the certificate without any further delay.

Truth is that there was some problems in between the parties for which the result has been withheld and certificate has not been issued.But that cannot be the Government policy and at the same time we have gathered that State Youth Department, Govt. of West Bengal ought to have considered the case and to exempt the said Rs.300/- and issue the same when State Youth Department, Govt. of West Bengal is here and there to provide professional education or vocational education to the poorer section of the people to establish themselves in their daily life for earning something.But the ethics of the State Youth Department, Govt. of West Bengal ought to have been to hand over the certificate exempting that Rs.300/-.But we have failed to understand for what reason they have complicated this matter for which complainant was compelled to appear before this Forum for relief.No doubt the attitude of the West Bengal Urban Academy is unethical uncalled for and practically for their negligent attitude complainant has been suffering and she has not been able to establish her for any self-employment/job for earning her livelihood.

In the result, the complaint succeeds.

Hence, it is

Ordered,

That the complaint be and the same is allowed on contest against op no.1 with cost of Rs. 2,000/- and same is allowed against op no. 2 & 3 in exparte form without any cost.

Ops are directed to issue and handover certificate in respect of completion of the course of the ops that is certificate in Hair & Skin Care (Beautician) within one month from the date of this order without any fail after receipt of Rs. 300/- from the complainant on proper receipt and it must be complied by the ops positively within one month from the date of receipt of Rs. 300/- from the complainant against proper receipt and certificate shall be handed over to the complainant on proper receipt and ops are directed to submit a report in this regard after lapse of one month from the date of receipt Rs.300/- from the complainant and no fine shall be imposed upon the complainant for any reasons as in this regard we have already decided the matter in the body of the judgement.

If ops failed to comply the order, in that case ops shall be prosecuted u/s 25 read with 27 of C.P. Act 1986, and particularly op no.1 is directed to pay litigation cost of Rs. 2,000 /- to the complainant within one month from the date of this order.

Particularly op nos. 1 & 2 are also warned for their sort of activities and they shall be more careful if in future any such complication is arisen in that case State Youth Department, Govt. of West Bengal and institute shall communicate to the students and their guardians at first before taking any step.