Ld. Advocate(s)
For Complainant .. Abhijit Pal
For OP/OPs .. Subhasish Roy
Date of Filing : 11.10.2018
Date of Disposal : 27.08.2019
: JUDGMENT & ORDER dtd. 27.08.2019 :
The case of the complainant, in brief, is that the petitioner to attract of the advertisement went to the OP’s Institute to take admission in B.Ed. Course but the OP informed the complainant that due to shortage of percentage in graduation he cannot take admission in B.Ed. Course, so the OP advised him to take admission in graduation course. On 01.12.2017, the complainant took admission in OP’s Institution by depositing Rs.10,000/-. Thereafter, the complainant also paid Rs. 5,000/- on 22.02.18 and Rs. 5,000/- on 07.03.18. The complainant also paid Rs. 5000/- but the OP did not issue any receipt. On 21.03.18 the complainant also paid Rs. 30,000/-. Thereafter, the OP handed over a registration certificate bearing No. GU/B.SC/849215/OF 2011 and 2012 under Gauhati University in Booroah College. On 21.03.18, the OP handed over the complainant a copy of registration certificate of statement of Marksheet Part-I, II, III vide Roll No. B.SC 9963358 in the name of Gouhati University B.SC. Physis, vide Sl. No. 3045240. The OP did not hand over the all documents result and certificate on 23.03.18 to the complainant due to nonpayment of full and final amount. The complainant stated in his complaint petition that the documents i.e., mark sheet, registration certificate which were supplied to him by the OP were fake. Thereafter the complainant made a petition under RTI Act, by the Ld. Advocate on 30.05.18. After compliance of the letter of the complainant, the Gouhati University replied that registration and certificate No. are not found with the University. Thus, the OP committed unfair trade practice to the complainant. Thereafter, the complainant on 04.07.18 under guidance of the RTI information, met with the OP and demanded the money back which the OP took for admission purpose, but the OP denied to return back the money. The complainant also made a written compliant to the SP, Nadia and I.C., Kotwali on 01.09.2018 by registered post. Hence, the complainant taking no other option took shelter before the Forum and prayed to refund of Rs. 55,000/- from the OP, cost of the suit, Rs. 1,00,000/- for harassment and mental agony of the complainant and other reliefs.
The complainant has filed some documents in support of his case without any marking or firisti which are in the record.
On the other hand, the OP contested the case by filing a written version wherein he denied the entire allegations brought by the complainant.
The specific contention of the OP is that the complainant came to the OP for doing graduation degree in the stream of B.Sc. and as per norms the complainant had to deposit a total sum of Rs. 1,20,000/- and accordingly he made payment of Rs. 30,000/- only. Thereafter, the complainant did not turn up to the OP’s Institution. So, the OP has no deficiency in service or unfair trade practice on his part and prayed for dismissal of the case.
Points for discussion
- Whether the complainant is a consumer under the CP Act, 1986?
- Whether there was any deficiency in service from the side of the OP?
- Whether there is any unfair trade practice on the part of the OP?
- Whether the complainant is entitled to get any relief /reliefs as prayed for?
Decision with reasons
Point No. 1:
The OP admitted the fact that the complainant deposited the sum of Rs.30,000/- as admission fee with the OP ‘s Institution. Therefore, it can be presumed that there is a relationship of consumer and service provider between the complainant and the OP. So, the complainant is a consumer within the purview of Consumer Protection Act, 1986.
This point goes in favour of the complainant.
Points No. 2 & 3:
Both the points are taken up together for the sake of brevity and convenience of discussion.
After hearing the submission of the Ld. Lawyers appearing for the parties and on perusal of the relevant documents, it is found that the complainant failed to produce any supporting documents to establish the allegations made in the complaint. Though he has been given an opportunity to produce the proper documents to prove his case but he miserably failed to establish the fact that there is deficiency in service from the side of the OP and unfair trade practice on the part of the OP. Since the documents filed by the complainant bears no address or signature issued by the OP. Therefore, we are unable to come to a conclusive proof that the OP has committed unfair trade practice. Hence, both the points are not in favour of the complainant.
Point No. 4:
In view of the aforesaid facts and circumstances, we are of the considered view that the complainant is entitled to get the money of Rs. 30,000/-, i.e., admission fee as refund from the OP which has not been denied by the OP.
Hence, we are inclined to allow the case of the complainant in part.
Hence, it is
O R D E R E D,
That the case be and the same is allowed in part on contest against the OP.
However, the OP is hereby directed to refund of Rs. 30,000/- which was so deposited by the complainant for admission in B.S.C. Course within 30 days from the date of this order, failing which an interest @ 10% p.a. shall be imposed on the deposited amount of Rs. 30,000/- till full realization.
No order as to compensation and litigation cost.
Let a plain copy of this judgment be supplied to the parties forthwith free of cost.
