CHINTAMANI NAYAK vs BARENYA KUMAR JENASAMANTA

HEARD Mr. G.S. Pani, learned Counsel for the appellant. Counsel for the respondent is absent. The Regional Engineering Institute Janapath, Bhubaneswar is the appellant in this case. The said Engineering Institute used to impart coaching in engineering subject of A.M.I.E. The complainant applied for coaching on payment of Rs. 800/- vide Receipt No. 6693 dated 17.12.1990. His grievance is that though he requested several times the present appellant to allow him to join the coaching classes, the Secretary of the Institution did not allow nor the complainant found any coaching classes being conducted. Nothing happened during one year even after repeated reminder issued by the complainant for refund of his admission fee Rs. 800/- with interest. The complainant filed the consumer case against the present appellant who filed a written version taking the stand that the Institution was not the Authority to allow for such coaching unless the studentship of the particular student was accepted by the Engineering Institute of Calcutta to which the appellant Institution was affiliated. But however such certificate of the respondent was received by the Institution on 15.3.1993; but the same could not be delivered to the complainant as the case was pending. The District Forum found deficiency in service with present appellant by holding that they are responsible for not delivering the certificate to the complainant.

WE have perused the complaint petition and the written version of the present appellant. In paras 5 and 6 of the written version the appellant took the specific plea that the complainant paid Rs. 800/- for admission into the Institution, but he could not be accepted as a student until the Engineering Institute at Calcutta accepted his studentship and issued the certificate. WE do not find anything wrong with the appellant. In para 6 of the written version, it is specifically pleaded that from out of the amount of Rs. 800/- paid by the complainant, the opposite party sent Rs. 625/- vide Demand Draft No. 766942, dated 18.3.1991 through State Bank of India, Evening Branch, Bhubaneswar to the Institution of Engineers (India), Calcutta and the rest of Rs. 175/- was kept towards incidental charges of the Institution. In para 7, they have mentioned that the certificate was received by the Institution on 15.8.1993. On going through the materials on record, we find no deficiency in service by the appellant. In our considered opinion the complaint has to be dismissed and so we set aside the judgment and allow the appeal. No cost. Dr. Arati Mohanty, Member-I agree. Mr. Pramodnath Das, Member-I agree. Appeal allowed.