By : SMT. CHANDRIMA CHAKRABORTY,MEMBER
Shortly stated, the case of the complainant is that being aware of the prospectus of the OP Institute in the internet for three years’ Diploma in Engineering in Mechanical/Electrical/Civil & Autumomobiles, the complainant visited the institute of the OP on 10.08.2016 and learnt about the matter from the Ops personally. Being impressed at the verbal prospect of the course on 04.09.2016 the complainant go t admission in Mechanical Stream in the institute and paid Rs. 5000/-as fees for first semester. On completion of the first semester, the Op Institute issued the Certificate in the name of Äditya Engineering College Mumbai 401301 “on 14th October,2016. On quarry by the complainant the Ops replied that the OP institute is the Franchise of the Aditya Engineering College, Mumbai. 401301 which is a recognized Decree Level Institute of Maharashtra. However, thereafter the complainant attended the Institute regularly along with many others up to January 2018 and got all the pass mark sheets and certificate in the name of above Aditya Engineering Institute. Suddenly on 22.02.2018 the complainant noticed that all the staff, Principal and Vice Principal of the Institut4e have abandoned the same without leaving behind their whereabouts. They were also playing hide and seek at their permanent residential address at Howrah. The Ops were maintaining their Accounts in the SBI Mechada Branch. The complainant paid Rs. 34,000/- in all on different heads of the college by cash or by bank transfer . The complainant could not complete his course of Mechanical diploma and thus he has been defrauded by the Ops.
The complainant has alleged that the Ops have played fraud upon him by taking huge amount of money and has played with his career for which the Ops are bound to pay adequate compensation to the complainant.
Summons were issued upon the Ops through registered post and was duly served upon the Ops, but neither of them appeared to contest the case. So the case is heard ex parte and is taken up for delivery of judgment.
Points for Consideration.
- Whether the case is maintainable and
- Whether the complainant is entitled to get the decree as prayed for ?
Decision with Reasons.
The Ld. Advocate for the complainant has filed a series of document and claims that the complainant is entitled to get the decree as prayed for.
From the money receipts dated 04.09.2016,27.11.2016,14.04.2017,21.05.2018,03.12.2017, it appears that the complainant has paid different amount of fees which has not been contested by the Ops. by appearing before this Forum. From all these receipts and relevant other documents filed by the complainant, it appears that the complainant took admission in the OP institution and paid the money as claimed in the prayer portion of the complaint.
The complainant has also filed affidavit in- chief in support of h is contention in the complaint.
The ld advocate for the complainant has filed a number of decisions viz. 11(2016) CPJ, 35 NC, 2017, CPJ 204 NC, 1(2017) CPJ, 304 NC. We have perused the said decisions and find that the contents of this case fully tally with the decisions of the cited rulings.
In view of the aforesaid discussion it appears that the complainant is entitled to get the relief as prayed for.
Both the issued are thus decided ex parte against the OPs.
Hence, it is
ORDERED
That the CC No. 306/2018 be and the same is allowed ex parte against both the OPs.
Both the Ops are directed jointly and severely to pay the complainant a sum of Rs. 34,000/- along with Rs. 14,000/-as compensation, monetary loss etc. and Rs. 2,000/- as litigation cost, totaling Rs. 50,000/- within one month from the date of this order, failing which the complainant will be at liberty to pout this order into execution through process of law.
Let copy of this order be supplied to all the parties free of cost.
