DATE OF FILING : : 05.07.2017.
DATE OF S/R : 10.08.2017.
DATE OF ORDER : 28.12.2017.
Saurav Maji,
c/o. Susanta Maji,
village Gopalpur, P.O. & P.S. Bagnan,
PIN 711 303. .………………….……………..…………….……..…… COMPLAINANT.
Calcutta Institute of Technology,
Village & P.O. Banitabla, P.S. Uluberia,
Howrah 711 316. .………………………………………...…….……OPPOSITE PARTY.
P R E S E N T
Hon’ble President : Abdul Kuddus.
Hon’ble Member : Shri Sajal Kanti Jana.
Hon’ble Member : Smt. Banani Mohanta ( Ganguli ).
F I N A L O R D E R
Facts of the case of the complainant, in short, is that this complainant got admitted in Calcutta Institute of Technology in MCA Course in the year 2012 and Rs. 57,600/- was paid including caution money amounting to Rs. 5,000/-. This complainant completed his MCA Course on 17.07.2015. Thereafter he approached the o.p. institution to refund his caution money amounting to Rs. 5,000/- but o.p. institute declined to refund the same. So this complainant has filed this complaint and made prayer for making direction upon the o.p. to refund Rs. 5,000/- paid to the o.p. college as caution money and Rs. 25,000/- as compensation for his harassment and Rs. 5,000/- as cost of litigation.
This case is being contested by the o.p., Calcutta Institute of Technology, by filing Written Version denying all allegations as made in the petition of complaint, contending interalia that the complaint is not maintainable, there is no cause of action. The specific case of the o.p. is that it is within the knowledge of the complainant that the caution money is refundable; subject to submission of filing of special form for refund of caution money and along with no claim certificate, original receipt; but this complainant did not file such prescribed form and documents as required.
POINTS FOR DETERMINATION :
i) Is the case maintainable in its present form ?
ii) Whether the complainant is a ‘Consumer’ as per provision of Consumer Protection Act, 1986 ?
iii) Whether there is any deficiency in service and unfair trade practice on the part of the o.ps as alleged ?
iv) Whether the complainant is entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
Heard complainant in person and heard ld. advocate for the o.p. Perused the petition of complaint and the written version and the photo copies of documents. It appears that it is not disputed that this complainant deposited Rs. 5,000/- refundable as caution money to the o.p. institution. The dispute is that the o.p. institution has not paid back the said amount. So this complainant has filed this petition of complaint. On the other hand o.p. has admitted the fact of deposit of caution money of Rs. 5,000/- by the complainant. But the o.p. company could not be able to refund the same for non filing of the special form for refund of money, no claim certificate and the original receipt showing payment of Rs.5,000/- as caution money. During argument the complainant has expressed his intention to deposit the form duly filled in as pointed out by the ld. advocate for the o.p.
In view of the circumstances we hold that complainant is entitled to refund Rs. 5,000/- deposited as caution money to the o.p. institution.
In this case, complainant has also prayed for compensation to the tune of Rs. 25,000/- for his harassment. On perusal of the case record, we find that there is no evidence on record on behalf of the complainant to satisfy us about basis or reasons on which this complainant has arrived at having suffered loss of Rs. 25,000/- due to non refund of caution money. So claim of compensation of Rs. 25,000/- is very much high.
Considering the material on records we are of the opinion that if Rs. 200/- is awarded as compensation in favour of complainant for his harassment then none would prejudiced.
We do not like to pass any order with regards to prayer for litigation costs as this case is being conducted by the complainant in person.
In view of the circumstances, we are inclined to allow this petition of complaint.
In the result, this consumer complaint succeeds in part.
Hence,
O R D E R E D
That the C. C. Case No. 203 of 2017 ( HDF 203 of 2017 ) be and the same is allowed on contest against o.p. but without cost.
That the o.p. is hereby directed to refund Rs. 5,000/- deposited by complainant to o.p. / institute as caution money within 15 days from the date of receipt of (i) Special Form for refund of caution money duly filled in; (ii) Claim Certificate duly filled in with full signature of complainant ; ( iii) Original receipt.
Complainant is directed to submit the forms and document as mentioned above duly filled in under his full signature to the o.p. by 30 days from the date of receipt of copy of the judgment.
Rs. 200/- is hereby awarded as compensation for harassment and mental agony.
The other prayer made by the complainant is rejected.
If the o.p. fails to pay the amount awarded above within the period mentioned above then complainant is at liberty to get this order implemented with due course of law.
Let a plain copy of the judgment be given to both parties, free of costs, as early as possible.
DICTATED & CORRECTED
BY ME.
( Abdul Kuddus )
President, C.D.R.F., Howrah.
