This is a case under Section 35 of the Consumer Protection Act, 2019.
Brief facts of the complainant’s case is that, after completing Madhyamik Pariksha in the year 2018, she was diagnosed as suffering from Schizophrenia and could not pursue her further studies. Then she came to know about the existence of O.P. No. 1’s institute and she visited the said institute and expressed her intention to complete her H.S. under the N.I.O.S., as it was the approved facilitation Centre of N.I.O.S. On 26.02.2019 the complainant got herself admitted in the course of H.S. or course XII through N.I.O.S., on correspondence or distance mode for the academic session 2019-20. The O.P. demanded course fee amounting to Rs. 7800/- and collected Rs. 3300/- in cash being serial Number 108 on 26.02.2019, against money receipt. The complainant then filled necessary forms with documents. Again the O.P. had collected Rs.1500/- in cash being serial Number 248 in the month of September, against money receipt, but without mentioning the date.
The complainant had then been informed that the course session would start from September 2019, with an assurance that the necessary Registration Certificate, Admit Card, I.D. Card and other study materials would be provided later on, but till date it had not been done so. In the month of January 2020 the complainant had been informed, that the tentative date and venue of the said exam would be given on the notice board, when she had visited the O.P. office, along with her mother. Later on in the said notice board, information had been provided that the examination would commence from April 2020, but as the pandemic started, the said exam was postponed, and finally suspended.
The O.P. had then informed the mother of the complainant that the complainant had succeeded in the said examination and result would be handed over to the complainant by the O.P. or his personnel, due to Covid-19 restrictions. But the complainant did not receive the results, in spite of many reminders and the complainant became suspicious and started searching the Website of N.I.O.S. There she found that the examination for 2020 had been scheduled from 24th March, whereas the O.P. had misled
them that the exam would be held from April 2020. Thereafter, the complainant along with her mother had been to the institute of the O.P. and had demanded the result, but the O.P. did not pay any heed to such request. Thus, the O.P. committed gross deficiency in service, unfair trade practice and restricted trade practice by misleading and misrepresenting the true data of the Government circular and practiced fraud upon the complainant. Hence this case.
The O.P. did not appear to contest this claim and therefore, the case was heard ex-parte against him.
The Proforma O.P. filed a Written Version, wherein the complainant’s allegation was denied and stated that the N.I.O.S. has only online admission at the secondary and senior secondary levels.
The complainant has examined herself on oath and furnished certain documents namely prescriptions of Dr. Subhash Chandra Roy and Dr. Sujit Deb, money receipt serial number 108 amounting to Rs. 3300/- and money receipt serial number 248 amounting to Rs. 1500/-.
In view of the un-controverted testimony of the complainant, she has been able to establish that because of her schizophrenic condition, she was lured by the advertisement of the O.P. institute, to continue her further studies under the aegis of N.I.O.S. and in this respect, she had contacted the O.P. institute and had even paid amounts of Rs. 3300/- and Rs. 1500/- vide money receipts number 108 & 248. Finally the O.P. failed, to provide her with the necessary certificate. This laches on the part of the O.P. not only deprived the ailing complainant to fulfill her dreams of continuing her further studies, but also robbed precious tender years from her life. This attitude of the O.P. not only caused deficiency in service but also practised unfair trade practices.
Under the circumstance, this violation by the O.P. needs to be penalized by compensating the complainant and also to deter the O.P., by directing the O.P. to pay the complainant an amount of Rs. 4,00,000/-( Rupees- Four Lacs Only) and further amount of Rs. 50,000/-
(Rupees- Fifty Thousand Only) for causing mental pain and agony to the complainant. That apart the deposited amount of Rs. 4800/- (Rupees- Four Thousand Eight Hundred Only) also be returned to the complainant.
It is therefore,
O R D E R E D
That the instant case be and the same is decided ex-parte against the O.P. with cost.
The O.P. is directed to pay the complainant the amount of Rs. 4,00,000/-( Rupees- Four Lacs Only) and further amount of Rs. 50,000/- (Rupees- Fifty Thousand Only).
The O.P. is further directed to pay Rs. 4800/-(Rupees- Four Thousand Eight Hundred Only) to the complainant.
Till the date of payment the above amounts shall be levied with interest @ 8%.
Copy of the Judgment/Final Order be handed over to the complainant free of cost.
