Order No.  21  dt.  01/11/2017

       The case of the complainant in brief is that the complainant after selection for the Bachelor Degree in Hotel Management in Subhas Bose Institute of Hotel Management for the session of 2010 – 2013 the complainant was informed that total course fee will be Rs. 1,98,000/- and at the time of admission the complainant will have to pay Rs. 48,000/- and the balance amount is to be paid by nine installments after three months from the commencement of class. The complainant being in financial distress applied for educational loan to the o.p. 3, State Bank of India. The o.p., bank after getting necessary documents promised to sanction loan amount to the complainant. The complainant after completion of all the necessary formalities went to the office of the o.p. 1 for admission and he was asked to pay Rs. 62,000/-. The complainant paid the said amount. The complainant came to learn that no amount was disbursed by the bank in favour of the o.p. 1. After coming to know of the said fact the complainant contacted the bank and the complainant informed the bank not to disburse the amount of Rs. 62,000/- in favour of the o.p. 1 since the complainant had already paid the amount to o.p. 1. The complainant, after getting admission in the said institute o.p. 1, in total paid an amount of Rs. 1,43,585/- out of total course fee of Rs. 1,98,000/-. In spite of the payment of the said amount the o.p. 1 did not allow the complainant to attend the semester. The complainant due to his financial crisis could not provide the amount and the complainant was not allowed to attend the third semester by the o.p. 1 causing great distress in the future of the complainant. On the basis of the said fact the complainant filed this case praying for directing the o.p. 1 to issue certificate for two semesters and also allow the complainant to appear in third semester class in default the complainant should be compensated by Rs. 14,00,000/- and the o.p. 2 and o.p. 3 should pay Rs. 5,00,000/- due to deficiency in service and litigation cost of Rs. 30,000/-.

            O.p. 1 contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that after selection of the complainant for bachelor degree of hotel management the complainant was informed that the course fee would be Rs. 1,98,000/- and at the time of admission an amount of Rs. 48,000/- to be paid and the balance amount would be paid by 9 t after 3 months from the commencement of class and also mentioned that the uniform charge of Rs. 8,000/- is to be paid and hostel fees of Rs. 3,500/- per month. The o.p. 1 never demanded any sum of Rs. 62,000/- from the complainant. The o.p. 1 by sending demand letters asked for the amount. The complainant was informed by the o.p. 1 to pay Rs. 30,000/- for the third session. The complainant did not show any interest for appearing in any examination from the third semester onwards. The complainant never informed that he was not interested or will not appear for any examination. The o.p. 1 denied that the complainant paid an amount of Rs. 1,45,525/- out of total course fees of Rs. 1,98,000/-. The o.p. 1 never restricted the complainant for appearing any examination for fees. The o.p. 1 has categorically stated that the said institute never wanted the spoil of the career of its student and the complainant is welcome to return and rejoin his course if he is interested. In view of such perspective of the case the o.p. 1 prayed for dismissal of the case against them.

            The o.p. 2 and o.p. 3 stated that it is the rules of nationalized bank like the o.p. 2 and o.p. 3 as per master circular sr. no. 19 of the State Bank of India the disbursement of educational loan and/or for book purchase directly to be paid to the institution and/or authority concerned by way of demand draft. The answering o.p.s denied the allegations of non-payment of course fees within due time to the o.p. 1 is a blatant lie when o.p. 2 and o.p. 3 have paid all course fees as per demand of o.p. 1 within the time and accordingly the o.p. 2 and o.p. 3 denied the allegation of discontinuation of study due to non-payment of course fee. There was no deficiency in service on the part of the o.p. 2 and o.p.3 and thereby the o.p. 2 and o.p. 3 prayed for dismissal of the case.

            On the basis of the pleadings of the respective parties following points are to be decided :-

1. Whether the complainant took admission in the institute of the o.p. 1 ?
2. Whether the o.p. 1 disallowed the complainant to continue his study in the said institute ?
3. Whether the o.p. 2 and o.p. 3 failed to disburse the educational loan in favour of the complainant ?
4. Whether there was any deficiency in service or unfair trade practice adopted by all the o.p.s ?
5. Whether the complainant will be entitled to get the relief as prayed for ?

Decision with reasons :-

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. Lawyer for the complainant argued that the complainant after selection for the Bachelor Degree in Hotel Management in Subhas Bose Institute of Hotel Management for the session of 2010 – 2013 the complainant was informed that total course fee will be Rs. 1,98,000/- and at the time of admission the complainant will have to pay Rs. 48,000/- and the balance amount is to be paid by nine installments after three months from the commencement of class. The complainant being in financial distress applied for educational loan to the o.p. 3, State Bank of India. The o.p., bank after getting necessary documents promised to sanction loan amount to the complainant. The complainant after completion of all the necessary formalities went to the office of the o.p. 1 for admission and he was asked to pay Rs. 62,000/-. The complainant paid the said amount. The complainant came to learn that no amount was disbursed by the bank in favour of the o.p. 1. After coming to know of the said fact the complainant contacted the bank and the complainant informed the bank not to disburse the amount of Rs. 62,000/- in favour of the o.p. 1 since the complainant had already paid the amount to o.p. 1. The complainant, after getting admission in the said institute o.p. 1, in total paid an amount of Rs. 1,43,585/- out of total course fee of Rs. 1,98,000/-. In spite of the payment of the said amount the o.p. 1 did not allow the complainant to attend the semester. The complainant due to his financial crisis could not provide the amount and the complainant was not allowed to attend the third semester by the o.p. 1 causing great distress in the future of the complainant. On the basis of the said fact the complainant filed this case praying for directing the o.p. 1 to issue certificate for two semesters and also allow the complainant to appear in third semester class in default the complainant should be compensated by Rs. 14,00,000/- and the o.p. 2 and o.p. 3 should pay Rs. 5,00,000/- due to deficiency in service and litigation cost of Rs. 30,000/-.

            Ld. Lawyer for the o.p. 1 argued that after selection of the complainant for bachelor degree of hotel management the complainant was informed that the course fee would be Rs. 1,98,000/- and at the time of admission an amount of Rs. 48,000/- to be paid and the balance amount would be paid by 9 t after 3 months from the commencement of class and also mentioned that the uniform charge of Rs. 8,000/- is to be paid and hostel fees of Rs. 3,500/- per month. The o.p. 1 never demanded any sum of Rs. 62,000/- from the complainant. The o.p. 1 by sending demand letters asked for the amount. The complainant was informed by the o.p. 1 to pay Rs. 30,000/- for the third session. The complainant did not show any interest for appearing in any examination from the third semester onwards. The complainant never informed that he was not interested or will not appear for any examination. The o.p. 1 denied that the complainant paid an amount of Rs. 1,45,525/- out of total course fees of Rs. 1,98,000/-. The o.p. 1 never restricted the complainant for appearing any examination for fees. The o.p. 1 has categorically stated that the said institute never wanted the spoil of the career of its student and the complainant is welcome to return and rejoin his course if he is interested. In view of such perspective of the case the o.p. 1 prayed for dismissal of the case against them.

            The Ld. Lawyer for o.p. 2 and o.p. 3 stated that it is the rules of nationalized bank like the o.p. 2 and o.p. 3 as per master circular sr. no. 19 of the State Bank of India the disbursement of educational loan and/or for book purchase directly to be paid to the institution and/or authority concerned by way of demand draft. The answering o.p.s denied the allegations of non-payment of course fees within due time to the o.p. 1 is a blatant lie when o.p. 2 and o.p. 3 have paid all course fees as per demand of o.p. 1 within the time and accordingly the o.p. 2 and o.p. 3 denied the allegation of discontinuation of study due to non-payment of course fee. There was no deficiency in service on the part of the o.p. 2 and o.p.3 and thereby the o.p. 2 and o.p. 3 prayed for dismissal of the case.

            Considering the submissions of the respective parties it is an admitted fact that the complainant was selected for admission in the Bachelor Degree in Hotel Management in Subhas Bose Institute of Hotel Management for the session of 2010 – 2013. The complainant has claimed that he paid an amount of Rs. 1,43,585/- out of total course fee of Rs. 1,98,000/-. The o.p. 2 and o.p. 3 stated that they sanctioned the educational loan and the said loan amount was disbursed in favour of the institute and as per the terms and conditions of the educational loan the amount was provided to the o.p. 1. The complainant has claimed that because of non-payment of the loan amount and non-receiving of the amount by the o.p. 1 the complainant was not allowed to prosecute his study. In order to corroborate the said fact the complainant could not file any corroborative evidence to that effect. It is not expected that an institute would not allow the student to continue his course because of non-payment of the amount particularly when the bank has claimed that they released the fund in favour of the o.p. 1. It is unfortunate that the complainant all on a sudden discontinued his study and whenever he noticed that he will have to repay the loan amount the complainant cooked up such false story which has got no basis to be believed. Since the complainant did not come with clean hands therefore the allegation made by him against the o.p.s cannot be believed. In view of the facts and circumstances as stated above we hold that the case filed by the complainant has got no merit and the complainant will not be entitled to get any relief as prayed for.

            Thus all the points are disposed of accordingly.

            Hence, it is ordered,

            that the case no. 69 of 2015 is dismissed on contest against the o.p.s without cost.           

            Supply certified copy of this order to the parties free of cost.