Date of filing: 12.09.2018 Date of disposal: 06.08.2019
Complainant: Nasrat Jahan Afrinse, D/o. Jainal Abedin, Tikapara, PO. & PS: Suri, District: Birbhum, PIN – 731 101.
Opposite Parties: 1. Sarv Shikha Charitable Trust, represented by its Director, Mr. Ramanand Jha, S/o. Radhakant Jha, 60-B. B. Ghosh Road, Jail Khana More, Barddhaman Arcade Building (5th Floor), PO., PS. & District: Burdwan, PIN – 713 101; residing at Lakshmipur College Road, Burdwan, PIN – 713 101.
2. Secretary, Sarv Shikha Charitable Trust, 60-B. B. Ghosh Road, Jail Khana More, Barddhaman Arcade Building (5th Floor), PO., PS. & District: Burdwan, PIN – 713 101;
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Appeared for the Complainant: In person.
Appeared for the Opposite Party Nos. 1 & 2: None (ex parte).
J U D G E M E N T
The complainant files the present application under Section 12 read with Section 13 of the C. P. Act, 1986 against OPs for a direction to pay the entire amount of Rs. 80,000=00 along with interest which he had paid to the OPs for her B.Ed. education, along with Rs. 4, 09,999=00 as compensation for damages both physical and mental pain, agony and harassment as well as professional loss and further Rs. 20,000=00 as litigation cost.
The case of the complainant is that she is an M.A. in English with a 1st Class degree from Jadavpur University and the OP, i.e. Sarv Shikha Charitable Trust is a statutory body and established under the Act XXXII of 1972 and Mr. Ramanand Jha, Director of the said trust and the Secretary was working as an outstation agency of colleges such as Shivanand Anand Madhav Mahila Mahavidyalaya and Jaimurthy College of education and they were functioning from this office situated at 60 B.B. Ghosh Road, Jailkhana More, Bardhaman.
The complainant alleged that she agreed to join B.Ed. regular course (2014-15 session) as one of the NCTE approved colleges through the OPs on the basis of some paper notices, cards produced by the direction of the said Trust and for that she paid total amount of Rs. 80,000=00 as admission fees out of which paid 20,000=00 without any receipt as seat booking charges and the rest of the amount she paid on 11.05.2015, 11.06.2015 & 08.07.2015 against money receipt, under seal and signature on behalf of the Trust.
The complainant further alleged that after full payment the OPs, i.e., the Trust was delaying the process of actual admission to the B.Ed. course without any reason, though ultimately informed her that she had been admitted into B.Ed. course at Shivanand Anand Madhav Mahila Mahavidyalaya and also informed that due to some ‘technical problems’ they were unable to produce the documents and further requested her to wait and cooperate with the Trust.
The complainant further alleged that on 31.12.2016, she received a notice dated 31.12.2016 from one Advocate Swapan Kumar Banerjee, from where she informed that due to pendency of a criminal case against one Dr. Atul Yadav of Jaimurthy College, Shirsaganj, Firozabad, U.P. the authorities were unable to make any admission to the B.Ed. course.
The complainant also alleged that she sent a personal letter dated 14.02.2017 to the Director of the Trust with a request to refund the total amount which she had paid for admission to the B.Ed. course but the said letter was not served and the envelop came back undelivered as the office was found closed and thereafter she sent legal notice dated 02.08.2017 through Ld. Lawyer at the home address of Director and the said notice was also not served and for that she compelled to lodge the present complaint.
The cause of action arose on and from 31.12.2016.
The complainant has taken proper steps against Ops after filing the application under Section 12 read with Section 13 of C.P. Act by issuing notice and so many dates were fixed for S.R & appearance and ultimately from the track report it is clear that notice has been delivered upon Ops on 26.10.2018 but both Ops have not appeared to contest the case by filing written version and for that the case run ex parte against them.
Point for consideration:-
Whether the complainant is entitled to get any relief as prayed for or not?
Decision with reasons:-
To prove the allegation against OPs, the complainant has filed her evidence through affidavit where she stated that being M.A. in English with a 1st Class degree from Jadavpur University and also to get an option in teaching, she approached the Ops for admission to a B.Ed. course as they are working as an outstation agency for such colleges as Shivanand Anand Madhav Mahila Mahavidyalaya and Jaimurthy College of education, Firozabad and the Trust was providing services for securing admission to the B.Ed. course for outstation students.
The complainant also stated through evidence that she became a bonafide consumer by payment of an amount of Rs. 80,000=00 for seat booking and admission fees and an agreement was also executed between themselves and further stated that she had paid Rs. 20,000=00 without any receipt and had paid Rs. 60,000=00 as admission fees in three (3) monthly installments against money receipt dated 11.05.2015, 11.06.2015 & 08.07.2015 through Bank A/c. No. 11184167311, SBI, Burdwan and also submitted her mark sheets and documents for the admission and Ops, i.e., the Trust was delaying the process of admission to B.Ed. course without any reason and after that told that she had been admitted into B.Ed. course at Shivanand Anand Madhav Mahila Mahavidyalaya but they were not produce any document to show that actual incidence, i.e., whether the complainant admitted to the B.Ed. course or not and thereafter she came to know from the notice dated 31.12.2016 that the Ops were unable to make any admission to the B.Ed. course and then she issued a personal letter dated 14.02.2017 for refund the entire amount which she had paid for admission to the B.Ed. course.
The complainant is able to produce Xerox copy of an agreement dated 05.01.2015 executed between the Director Mr. Ramanand Jha, on behalf of Shikha Charitable Trust with herself (though not registered) duly signed by themselves which shows that according to this agreement, she had paid Rs. 60,000=00 for the purpose of course fee for one year through the Trust and the 1st party paid Rs. 20,000=00 for seat booking of the complainant at a Uttar Pradesh NCTE approved B.Ed. college for the academic session 2014-15 and they also agreed that if the 1st party failed to procure an admission, then entire amount shall be refunded and if the complainant failed to take steps for admission then refund will not be made and once admission confirmed, it cannot be cancelled.
Complainant also able to produce Xerox copies of documents to show that she had paid Rs. 20,000=00 for three times, i.e., on 11.05.2015, 11.06.2015 & 08.07.2015 and Sarv Sikha Charitable Trust received the same by signing with official seal and signature.
Complainant also able to produce letters sent by herself as well as Ld. Lawyer for Ops dated 31.12.2016.
So on considering all the documents specially letter dated 31.12.2016 sent by Ramanand Jha, Director of Sarv Sikha Charitable Trust of 60, B.B. Ghosh Road, Jailkhana More through ld. Lawyer Swapan Kumar Banerjee that Ops have been cheated by Dr. Atul Yadav, who has taken entire amount which had paid by the complainant for her admission in the B.Ed. course.
So, from the conduct of the Ops clearly shows that their real intention was to cheat the complainant and for that they had received Rs. 60,000=00 and take no step for her admission in the B.Ed. course and as per agreement they are liable to refund the entire amount which they have received from the complainant. From the terms and conditions of the agreement dated 5th January 2015 signed by and between the Secreatry, Sarv Shikha Charitable Trust Ramanand Jha and the complainant Nasrat Jahan Afrinse, it is not clear that the complainant has paid Rs. 20,000=00 to the OP-Trust for seat booking to NCTE approved B.Ed. college but it is evident from the documents filed by the complainant that she paid Rs. 60,000=00 in three equal installments to the OP- Trust, not Rs. 80,000=00. Therefore, the complainant is entitled to get back only Rs. 60,000=00 as paid by her to the OP-Trust for the purpose of course fee, not Rs. 80,000=00 as claimed by the complainant in the prayer portion of her petition of complaint.
Under such circumstances, there is no doubt that the complainant is able to prove allegation against the Ops and liable to get relief.
Hence, it is
O r d e r e d
that the present Consumer Complaint being No. 154/2018 be and the same is allowed ex parte with cost against the Ops with a direction to the Ops to refund the entire amount to the complainant i.e. Rs. 60,000=00 (Rs. Sixty thousand) only along with interest @18% (eighteen per cent) per annum from 08.07.2015 (the last date of payment of installment) till its realization and the Ops are also directed to pay Rs. 6,000=00 (Rs. Six thousand) only as compensation for mental pain, agony and harassment and Rs. 3,000=00 (Rs. Three thousand) only as litigation cost. This award should be complied by the Ops within 45 (forty five) days from the date of passing of this order, failing which the complainant is at liberty to put the entire award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Nivedita Ghosh) D.C.D.R.F., Purba Bardhaman
Member
D.C.D.R.F., Purba Bardhaman
(Nivedita Ghosh)
Member
D.C.D.R.F., Purba Bardhaman
