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Amitava Chakraborty v/s Subhas Bose Institute of Hotel Management


Company & Directors' Information:- HOTEL CORPORATION OF INDIA LIMITED [Active] CIN = U55101MH1971GOI015217

Company & Directors' Information:- BOSE CORPORATION INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070025

Company & Directors' Information:- P A HOTEL INDIA PRIVATE LIMITED [Active] CIN = U55101PY2007PTC002029

Company & Directors' Information:- E C BOSE AND CO PVT LTD [Active] CIN = U61200WB1962PTC025531

Company & Directors' Information:- C S T HOTEL PRIVATE LIMITED [Active in Progress] CIN = U55101TZ1994PTC004907

Company & Directors' Information:- M M B HOTEL PVT LTD [Active] CIN = U55101MP1987PTC003855

Company & Directors' Information:- HOTEL K K (INDIA) PVT LTD [Active] CIN = U55101GJ1995PTC025898

Company & Directors' Information:- G S K HOTEL PRIVATE LIMITED [Active] CIN = U55101MH1998PTC114849

Company & Directors' Information:- P A HOTEL PRIVATE LIMITED [Active] CIN = U92490TN1981PTC008959

Company & Directors' Information:- HOTEL E V P PRIVATE LIMITED [Active] CIN = U55101TN1990PTC019823

Company & Directors' Information:- HOTEL K. K. PRIVATE LIMITED [Strike Off] CIN = U55101OR1995PTC004187

Company & Directors' Information:- D J R HOTEL PRIVATE LIMITED [Strike Off] CIN = U55101MH1996PTC096508

Company & Directors' Information:- N V HOTEL PRIVATE LIMITED [Active] CIN = U55101WB1996PTC082014

Company & Directors' Information:- BOSE & BOSE PVT LTD [Strike Off] CIN = U45201WB1983PTC036988

Company & Directors' Information:- M Y HOTEL PRIVATE LIMITED [Strike Off] CIN = U55101TN2010PTC077329

Company & Directors' Information:- M L BOSE AND CO PVT LTD [Strike Off] CIN = U65993WB1923PTC004737

Company & Directors' Information:- D AND M HOTEL PRIVATE LIMITED [Strike Off] CIN = U55101PN2008PTC131239

Company & Directors' Information:- B BOSE & CO PVT LTD [Strike Off] CIN = U74992WB1945PTC012914

Company & Directors' Information:- A BOSE PVT LTD [Active] CIN = U01122WB1929PTC006142

Company & Directors' Information:- S N BOSE & CO PVT LTD [Strike Off] CIN = U66010WB1952PTC020196

Company & Directors' Information:- H S MANAGEMENT INSTITUTE PRIVATE LIMITED [Active] CIN = U74140DL2005PTC141500

Company & Directors' Information:- A S INSTITUTE OF MANAGEMENT PRIVATE LIMITED [Strike Off] CIN = U80302DL2005PTC140941

Company & Directors' Information:- R K BOSE PVT LTD [Strike Off] CIN = U45201WB1982PTC034540

Company & Directors' Information:- N BOSE & CO PVT LTD [Strike Off] CIN = U70109WB1947PTC015768

Company & Directors' Information:- D N BOSE AND CO PVT LTD [Strike Off] CIN = U51909WB1933PTC007694

Company & Directors' Information:- S G BOSE & CO PVT LTD [Strike Off] CIN = U74140WB1957PTC023477

    First Appeal No. A/1260/2017

    Decided On, 28 June 2018

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SAMARESH PRASAD CHOWDHURY
    By, PRESIDING MEMBER

    For the Appellant: Debesh Halder, Advocate. For the Respondent: Ayan Chakraborty, Advocate.



Judgment Text

The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the behest of complainant Shri Amitava Chakraborty to impeach the final order/judgment being Order No. 21 dated 1st November, 2017 passed by the District Consumer Disputes Redressal Forum, Kolkata, Unit – I (in short ‘Ld. District Forum’) in Consumer Complaint No. 69 of 2015 whereby the complaint lodged by the appellant under Section 12 of the Act was dismissed on contest without any order as to cost.

The appellant herein being complainant lodged the complaint before the Ld. District Forum stating that he applied for course of Bachelor Degree in Hotel Management to the opposite party no. 1 institute in the year 2010 and selected for Bachelor’s Degree in Hotel Management for the Sessions 2010-13. The total course fee was Rs. 1,98,000/- and at the time of admission there was a liability to pay Rs. 48,000/- and the balance amount will be paid by nine instalments after interval of every three months besides Uniform Charge of Rs. 8,000/-, Caution deposit of Rs. 4,000/-, Hostel Security of Rs. 8,000/-, Hostel Fee of Rs. 3,500/- etc. The complainant has stated that in order to defray the expenses of prosecuting his studies he applied for education loan from State Bank of India. After completion of all formalities, the complainant went to the institute (opposite party no. 1) for admission for the course but at the time of admission the opposite party no. 1 demanded a sum of Rs. 62,000/- for the said course and informed that they did not receive any amount from the Bank and for that reasons the complainant paid the said amount to the opposite party no. 1. After accepting the amount from the complainant, opposite party no. 1 issued card for 1st Year being Roll No. 07 and 2nd Year being Roll No. 30. However, he was not allowed to continue study in the 3rd Year as he could not make payment of Rs. 30,000/-. The complainant alleges that out of total course fee of Rs. 1,98,000/- he paid a sum of Rs. 1,43,525/- and agreed to pay the balance amount but opposite party no. 1 refused to accept his proposal and also directed him that without payment of said amount the institute will not allow him to attend the semester for which he suffered huge loss and could not complete the course of Bachelor Degree in Hotel Management. Hence, the appellant approached the Ld. District Forum with prayer for following reliefs, viz.- (a) to direct the opposite party no. 1 to issue Certificate for 2nd Semester and also direct opposite party no. 1 to allow the complainant for 3rd Semester Class and examination otherwise to pay a sum of Rs. 14,00,000/- due to loss of educational life of the complainant and unfair trade practice; (b) to direct the opposite party nos. 2 & 3 to pay compensation of a sum of Rs. 5,00,000/- due to deficiency in services and unfair trade practice on the part of them; (c) litigation cost of Rs. 30,000/- etc.

The respondent no. 1 being opposite party no. 1 by filing a written version has stated that the complainant had applied for course of Bachelor’s Degree in Hotel Management in the year 2010 for the Sessions 2010-13 and the total course fee was Rs. 1,98,000/- and at the time of admission an amount of Rs. 48,000/- was required to be paid and the balance amount will be paid by nine instalments after three months from the commencement of classes besides other usual payments. The opposite party no. 1 has also stated that the complainant did not show any interest to appear for examination from the 3rd Semester onwards and before commencement of 3rd Semester never informed them that he is not interested and shall not appear for any examination without any reason whatsoever. It is also denied by opposite party no. 1 that the complainant paid Rs. 1,45,525/- out of total course fee which was Rs. 1,98,000/-. The opposite party no. 1 has further denied that the Bank authority has handed over total loan amount to them without any information to the petitioner.

Respondent nos. 2 & 3/opposite party nos. 2 & 3 i.e. State Bank of India and its Officers by filing a written version stated that the allegations of non-payment of course fee within due time to opposite party no. 1 is a blatant lie and opposite party nos. 2 & 3 have paid all course fee as per demand of opposite party no. 1 within time and thus allegations of discontinuation of study due for non-payment of course fee to the opposite party no. 1 is untrue.

After assessing the pleadings of the parties and the evidence on record, the Ld. District Forum by the impugned final order/judgment dismissed the complaint. To assail the said order, the complainant has come up in this Commission with the present appeal.

Ld. Advocate for the appellant has submitted that the Ld. District Forum has failed to appreciate that after selection in the Bachelor Degree in Hotel Management in Subhas Bose Institute of Hotel Management for the Sessions 2010-13 the appellant was informed that course fee will be of Rs. 1,98,000/- and at the time of admission the complainant will have to pay Rs. 48,000/- and the balance amount to be paid by way of nine instalments in every interval of three months from the date of commencement of classes. The Bank sanctioned the loan and issued the requisite loan amount in favour of the respondent no. 1 institute time to time but despite of such fact the respondent no. 1 asked the appellant to make payment, and in this regard, he has drawn my attention to the money receipts containing pages 26-34 annexed with the Memorandum of Appeal and submitted that the respondent no. 1 institute should not have accepted any amount from the appellant when the Bank disbursed the amount of loan of the appellant directly to respondent no. 1 institute.

Per contra, Ld. Advocate for the respondent no. 1 has contended that the money receipts showing Demand Draft numbers issued by SBI in each receipts indicating the Bank has granted loan to the appellant straightway on number of occasions and when the Bank by filing written version has categorically stated that there was no predicament on the part of the Bank in granting loan and the appellant on his own volition discontinued his studies, there was no deficiency in services on the part of respondent no. 1 or them and the Ld. District Forum was quite justified in dismissing the complaint.

I have considered the rival contentions of appellant and respondent no. 1. None appears for respondent nos. 2 & 3 at the time of hearing of the appeal.

Undisputedly, the appellant had applied for admission in Bachelor’s Degree in Subhas Bose Institute of Hotel Management (SBIHM) in the Sessions of 2010-13. The total course fee was Rs. 1,98,000/- and at the time of admission an amount of Rs. 48,000/- was required to be paid and the balance amount to be paid by nine (9) instalments which were commenced after three months from the commencement of the classes and same were required to be paid at every interval of three months. Besides total course fee, the appellant had to pay Uniform Charges of Rs. 8,000/-, Caution Deposit of Rs. 4,000/-, Library Fee of Rs. 2,000/-, Hostel Security of Rs. 8,000/- and Hostel Fee of Rs. 3,500/- per month. The appellant continued the courses for 1st Year and 2nd Year. However, he blamed the respondent no. 1 for discontinuation of his studies in the 3rd Year. According to appellant, respondent no. 1 refused to accept his proposal to continue with the study in the 3rd Year course which has been denied by respondent no. 1

The fact remains that the SBI granted education loan of Rs. 1,98,000/- to the appellant on the basis of his application dated 20.03.2010. There is no document whatsoever to show that the Bank has disbursed the amount to the respondent no. 1 institute. The money receipts available with the record show payment of amount through Demand Draft of SBI. This signifies that the appellant used to pay the money after getting the same from the Bank. The Bank has categorically stated that the money was not a problem for discontinuation of studies and the allegation of appellant for discontinuation of his study due to non-payment of course fee is a blatant lie. In this regard, the observation of the Ld. District Forum appears to be noteworthy. The Ld. District Forum has observed thus –

'It is not accepted that an institute would not allow the student to continue his course because of non-payment of the loan, particularly when the Bank has claimed that they released the fund in favour of the opposite party. It is unfortunate that the complainant all on a sudden discontinued his study and whenever he came to know that he will have to repay loan amount, the complainant cooked up such false story which has got no basis to believe. Since, the complainant did not come with clean hands, therefore, the allegations made by him against the opposite parties cannot be believed'.

I do not find any reasons to differ with the finding of the Ld. District Forum. In fact, the appellant on his own will or volition left his study from respondent no. 1 institute. When the respondent bank has categoricall

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y mentioned that they were ready to disburse the loan to mitigate the expenses the education of appellant there is hardly any reason to disbelieve such statement. I share the view of Ld. District Forum that when the appellant came to understand that the loan amount is to be repaid, after three years from the date of discontinuation of his studies, he approached a Consumer Forum to save him from peril. Therefore, after hearing both sides and on having a notice to the materials available with the record, I find that the appeal being meritless one deserves dismissal. As a result, the appeal is liable to be dismissed. Consequently, the appeal is dismissed on contest. However, there will be no order as to costs. The final order/judgment dated 1st November, 2017 passed by the Ld. District Forum is hereby affirmed. The Registrar of the Commission is directed to send a copy of the order to the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit – I for information.
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