Orissa

Baudh

CC/19/2016

Jitu Kumar Patra - Complainant(s)

Versus

Dhanjaya Panigrahi,Chairman College Planing And Technology - Opp.Party(s)

L.D.adv

03 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BOUDH
NEAR CIRCUIT HOUSE, BOUDH, 762014
 
Complaint Case No. CC/19/2016
( Date of Filing : 06 Apr 2016 )
 
1. Jitu Kumar Patra
At:Mangalpur Po:Sanpoch P.S/Dist:Boudh
...........Complainant(s)
Versus
1. Dhanjaya Panigrahi,Chairman College Planing And Technology
At/Po/Dist:Boudh
2. Principal MEhboob UI Alam College Of Education Bandipora
Kashmir
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Padmanava Mahakul PRESIDENT
 HON'BLE MR. Suvendu Kumar Paikaray MEMBER
 
PRESENT:
 
Dated : 03 Feb 2017
Final Order / Judgement

                1. Alleging deficiency of service and unfair trade practice the complainant filed this case against the O.Ps for a direction to refund his deposited amount alongwith compensation and cost of litigation.

               2.The case of the complainant is that  he had deposited Rs.10,000/- with the O.PNo.1 for admission in B.Ed course for session 2014-15. The O.P. No.1 had granted a receipt vide No.197 dtd.13.12.2014 in favour of the complainant. Again the complainant deposited Rs.20,000/- towards course fees with the O.P. No.1 and he had issued  a receipt vide NO. 271 dtd 29.4.2015.  The complainant was provisionally admitted in the said BEd course for the year 2014-15.The O.PNo.2 had issued a certificate in favour of the complainant for which the complainant appeared in OTET test. The complainant could not appeared  in the said examination due to non-issuance of admit card for which the complainant requested the O.P. to refund  of his amount  as he did not appeared in the said examination. As the O.P. could not take any steps for return back his deposited amount the complainant filed this case before the forum for a direction to return back his deposited amount alongwith compensation.

        3. After being noticed,  the O.P.  could not appeared in this case  and set exparte.The complainant filed Xerox copy of the receipt  showing his payment  of RS.10,000/ and Rs.20,000/- on  dtd 13.12.2014        and dtd.29.4.2015.And also an certificate  given by the O.P No.2 that he  was provisionally  admitted  in the B.Ed course for the year 2014-15.

        4. The point for determination in this case whether the complainant is a consumer against the O.P whether the O.P. caused deficiency of service and unfair trade practice against this complainant. Even if notice was sent through Regd. post the O.P. could not receive the same as such he  was nothing to say in this case. The complainant had given the receipt showing his payments for admission into the BEd course before the O.P.No.1 with a great hope. The O.P.No.1 could not take any steps for issuance of Admit card to appear in the examination for the said bed course. As such the complainant became a consumer against the O.P and he has caused deficiency of service and unfair trade practice against the complainant.

         5.Taking into consideration of the case of the complainant documents filed by his so also submission made by the complainant we allow the case of the complainant in part  and direct the O.P.No.1 to return  amount of Rs.30,000/-(Rupees thirty thousand ) only  alongwith Rs.10,000/- (Rupees ten thousand ) only towards compensation and cost of litigation to the complainant within one month from the date of this order, failing which the complainant is at liberty to take steps against the O.P. for realization of awarded amount. The case against the O.PNo.2 is dismissed without cost. This case is disposed of accordingly.

     Order pronounced in the open court under the seal and signature of the forum this the day of   3rd day of February, 2017.

 
 
[HON'BLE MR. Padmanava Mahakul]
PRESIDENT
 
 
[HON'BLE MR. Suvendu Kumar Paikaray]
MEMBER
 

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