DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C.C. No – 221/2018
Date of Filing Date of Disposal
21.05.2018 11.06.2018
Complainant:- 1. Sri Bitan Chatterjee
S/o Late Nikunja Behari Chatterjee
Kalitala Bazar Patty Lane,
P.S- English Bazar,
P.O & Dist- Malda,
Pin- 732101
=Vs.=
O.P/s:- 1. The Registrar
Techno India College of Technology
New Town Mega City,
P.S- Newtown, P.O Rajarhat,
Rajarhat, Kolkata- 700158
2. The Member Secretary
All India Council for Technical Education
Nelson Mandela Marg,
Vasanta Kunj, P.O- Vasant Kunj
New Delhi- 110070,
P.S- Vasant Kunj
3. The Vice-Chancellor
Maulana Abul Kalam Azad
University of Technology,
Formerly West Bengal
University of Technology,
BF 142, Sector-1, Salt Lake City
P.S- Bidhannagar North
Kolkata- 700064, West Bengal
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay……………President.
:- Smt. Silpi Majumder …………………. ………. ……. Member.
Order No-03
The Ld Counsel for the complainant is present. Today is fixed for admission hearing of the complaint.
Cont…..2/-
:2:
This complaint is filed by the complainant under Section 12 of the CP Act, 1986, alleging deficiency is service against the OPs as the OPs did not refund the deposited amount as prayed by the complainant to the OPs till filing of this complaint.
During admission hearing the complainant was asked to file the brochure of the college concerned wherein the complainant got admission. But from the brochure we did not find any Clause regarding refund of money/ admission fee. In support of his contention, the complainant has relied on the process handbook of All India Counsel in Technical Education 2017-2018 wherein in the page 54 there is refund Clause (Clause 11) we have perused the same but the said Clause does not match with the case in hand because in the said Clause, it is intimated that in the event of a student withdrawing before the starting of the course, the entire fee calculated from the student, after a deduction of the processing fee of not more than Rs. 1,000/- shall be refunded by the Institution. But in the instant complaint course was started in the month of August, 2016 but the concerned student intimated the institution by issuing letter in the month of November, 2016 that was not possible for him to continue study in the said institution. Therefore it is clear that not before the starting of the course, but much latter after starting of the course the complainant intimated the Institution by issuing letter. Therefore as the Clause 11 of the said approval process handbook does not match with the case in hand, hence the said Clause cannot be impleaded in the instant complaint.
As the complainant has miserably failed to corroborate his pleading along with cogent documents, hence we are not in a position to admit its complaint. It is ordered that CC 221/2018 is hereby dismissed being not maintainable due to lacuna of documents and without being admitted. However the complainant is at liberty to approach before the Appropriate Court, if not barred otherwise.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member President
Dictated and corrected by
