TATA MOTORS FINANCE LIMITED Vs. HEM RAJ, SON OF PURAN CHAND

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and order passed by Learned District Forum, Alipore, South 24 -Parganas in case no.CC 14 of 2013 allowing the complaint case ex parte with cost of Rs.8,000/ - directing the OP to return the sum of Rs.40,000/ - and to pay compensation to the tune of Rs.50,000/ - within one month from the date of order failing which the amount will carry interest @ 10% p.a. from the date of default till realisation. The OP has also been directed to pay penalty to Rs.1 lakh out of which Rs.20,000/ - be paid to the Complainant and the balance amount be deposited with the SCWF within one month.

(2.) THE case of the Complainant/Respondent, in short, is that he is a physically handicapped person and his daughter Ms. Debalina Saha got herself admitted in B.Sc. Nursing at OP College of Nursing through Joint Entrance Examination in the 1st Counselling. The Complainant's daughter got call at the 2nd Counselling and after getting a chance she got herself admitted in another Nursing College. The Complainant prayed for refund of the sum of Rs.52,000/ - which was deposited with OP at the time of admission of his daughter. The OP did not refund the amount and for that reason the complaint was filed before the Learned District Forum.

(3.) THE Learned Counsel for the Appellant has submitted that the admission was conducted by the Indian Nursing Council affiliated to West Bengal University of Health Science and Government of West Bengal. It is submitted that the College applied for the registration certificate of 29 students out of the sanctioned strength of 30, in as much as, one seat meant for the daughter of the Complainant remained vacant and thereby the Appellant suffered total loss of Rs.2,73,000/ -. It is contended that the fees paid by the students were not refundable as per the rules and the daughter of the Complainant also signed such declaration at the time of admission. It is submitted that it was made known to the student at the time of admission that fees once paid will not be refunded under any circumstance. It is contended that since the Appellant is affiliated to the State University, it is guided by the rules and there was no scope of making refund of the amount in breach of the rules. The Learned Counsel for the Appellant has referred to the decision (NC) [Surya Prakash Mahapatra Vs. Controller of Examination, 2008 1 CPJ 258] wherein it has been held that since the University does not render any service, they will not fall within the ambit of C. P. Act, 1986 while performing the statutory duties.