SMT. M. YASHODHAMMA, MEMBER This is a complaint filed by the complainant under Section 12 of Consumer Protection Act, 1986 praying for an order against Opposite Party (herein after referred as OP) to refund Rs.4,47,300/- paid towards admission, assessment processing and first instalment fees along with interest at 12% per annum from 20.08.2014 and damages of Rs.25,000/- towards mental agony and litigation expenses of Rs.5,500/- and cost of Rs.10,000/- on the allegations of deficiency in service.
2. The brief averments made in the complaint are as follows: OP-1 is having its Head Quarters and Corporate office at New Delhi and Branch office at Kormangala, Bangalore. OP is an Complaint No.407/2015 educational institute claims to aim at initiating the training and research of problems of development to be solved for realizing the dream of the healthy, educated and employed India. OP gave an advertisement offering full time MBA and BBA course. Complainant completed his B.Com with distinction scoring 83.03% in the examination held in April-2014 from JSS College, Dharwad, being ambititious to prosecute MBA. Complainant visited to the website of OP at Dharwad and was lured and misguided by their advertisement and prospectus portraying, as if, OP has recognition in India from UGC or AICTE from a foreign Management institute namely IMI, Belgium. Complainant, with a craze for acquiring foreign education and it will open doors for international placement, approached OPs institution for admission to MBA course. Complainant received a letter from Professor A.Sandeep P.G.D.P.M:A.F.I.I.P.M vide Referred No:2014-16/SS/IIPM-PG/BAN-I/BA dated 16.04.2014 informing the complainant that he has been selected for full time MBA Integrated Programme in Planning & Entrepreneurship at Bangalore and requested to pay admission, assessment, processing and first instalment fees. Thus complainant got admitted to full time MBA course in OP-2, located at Kormangala, Bangalore. Complainant paid Rs.49,000/- on 16.04.2014 through NEFT S.B.I., Dharwad, on 13.06.2014 through NEFT S.B.I. Dharwad paid Rs.1,51,000/- and on 28.06.2014 paid Rs.1,22,300/- by way of cash vide receipt No.2539 and on 20.08.2014 Rs.1,25,000/- by way of cash vide receipt No.2579. In total complainant paid a sum of RS.4,47,300/- to OP-2 at Bangalore. After receipt of the above said amount from complainant OPs admitted him for full time MBA course in OP-2 Complaint No.407/2015 institution. Complainant has attended the P.G.Classes from 28.07.2014 to 26.09.2014. On 27.09.2014 complainant received a message at about 7-00 P.M. informing that Delhi High Court on 26.09.2014 restrained Mr.Arindam Chaudhari & the IIPM or its Dean & other officials, from offering MBA, BBA courses or advertising as a Managament and business school. Complainant suffered sudden shock and astonishment to know that he is deceived by prospectus and advertisement left through the website of the OPs affecting his dreams, hopes and academic carrier and future prospects. Complainant realised that OP indulged in unfair and deceptive practice decided to forthwith discontinue the unrecognized MBA course in OP institution. With immediate effect complainant along with his mother first approached IIPM, Bangalore Official Mr.Sai Bose to convey their said decision, text message received in his mobile on 27.09.2014 the said Mr.Sai Bose advised the complainant to serve a letter on the discontinuation of MBA programme to the office of OP-2. Accordingly complainant submitted the letter for discontinuation and made a demand for refund of his amount in the office of OP-2. The said letter is served to OP-1 under Registered post A.D. After return to Dharwad, the complainant sent the said letter through RPAD to the Bangalore SS/14 office which is returned as refused. OPs have concealed the order dated 02.12.2013 passed by the Honble High Court, Delhi in the PIL petition filed by one Mr.Mahesh Sharma, wherein OP-1 is sued as Respondent No.4 directing to comply in letter and spirit that the statement given and recorded in the said order of the Honble Delhi High Court. Further in violation of the said order and the restraint imposed by the Delhi Complaint No.407/2015 High Court, OPs have deceived the complainant and admitted to the MBA programme, which had no prior approval either from UGC or AICTE which is mandatory and compulsory. Thus OPs have cheated the complainant and resorted to deceptive and unfair trade practice. Complainants parents have incurred burden of interest charged by the SBI, Dharwad Branch in arranging aforesaid huge payment to OPs and further have to spend Rs.1,00,000/- in enrolling complainant in a recognised institution imparting MBA course. Complainant is perforced to suffer mental strain to update his studies, due to late enrolment for MBA in KLE Societys IMSR Institute, Vidyanagar, Hubli. Thereafter, complainant got issued legal notice through their advocate dated 29.12.2014 calling upon OPs to refund Rs.4,52,800/- within 7 days failing which he will take legal remedies for recovery of the amount at the cost of the OP. The said notice is served on OP-1 on 04.12.2014. OP-2 refused to received the same. OPs have neither cared to refund the amount paid to them nor replied to the said notice. Complainant had filed CC.No.8/2015 before Dharwad District Consumer Disputes Redressal Forum on the assumption that part of the cause of action arises within its jurisdiction. The said complaint is dismissed as no jurisdiction. Hence, complainant felt deficiency in service on the part of the OP. Under the circumstances, he is advised to file this complaint against OP for appropriate relief.
3. After registration of the complaint, notice was issued to OP
1 & 2. Inspite of service of notice OP 1& 2 remained absent without Complaint No.407/2015 sufficient reason and cause. Hence, OP 1& 2 are placed exparte and posted the case for filing affidavit of the complainant.
4. In support of complaint averments, Sri.Ramprasad, who being the complainant in this case filed his affidavit by way of evidence reiterating the complaint averments, produced documents and also filed written arguments.
5. The above said assertions of the complainant has remained unchallenged. OPs neither filed version nor denied the sworn testimony of the complainant. So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.
6. We have perused the documents produced by the complainant. Document No.1 is the order passed in CC No.08/2015 filed by complainant before District Consumer Forum Dharwad, Dismissing the complaint for want of jurisdiction. Document No.2 is copy of the prospectus issued by OP. Document No.3 is copy of the marks card of the complainant for 6th semester of commerce May- June-2014 scoring 83.03%. Document No.4 and 5 are advertisement from inviting applications for GIDF planman National Scholar hunt and to get 75% to 100% tution fee waiver on PG programme in planning and entreprenurship. Document No.6 is letter of OP dated 16.04.2014 stating complainant has been selected for full time PG programme in planning and enterprenurship, session SS-14, Bangalore and informing to pay Rs.2,13,500/- fees. Document No.7 Complaint No.407/2015 is certificate issued by OP to Bank of India, Dharwad acknowledging receipt of admission fee and to disburse Rs.2,13,500/-. Document No.8 is counterfoil of challan dated 13.06.2014 showing payment of Rs.1,51,000/- to OP by S.B.I. Dharwad. Document No.9 is provisional receipt issued by OP to complainant dated 14.06.2014 for having received Rs.1,51,000/- towards ist instalment of IIPM PG course. Document No.10 is counterfoil of challan dated 16.04.2014 issued by SBI, Dharwad to OP for having paid Rs.49,000/- to OP. Document No.11 is receipt issued by OP to complainant dated 23.04.2014 for acknowledging receipt of Rs.49,000/- towards retention fee. Document No.12 is copy of the message dated 27.09.2014 stating Delhi High Court restrained OP from offering MBA, BBA courses or advertising as a management and business school and slapped cost of Rs.25,000/- for misleading students eventhough OP is not recognised by any statutory body including AICTE. OP is exploting students. OP is neither a university within UGC norms nor is it deemed university. Document No.13 is letter of complainant to OP dated nil, withdrawing his enrolment from OP and to refund the amount of fee paid. Document No.14 is returned cover and served acknowledgement cards. Document No.15 is copy of the legal notice dated 27.11.2014 calling upon OP-1 and Dean, Mr.Prasan Kumar to refund Rs.4,47,300/- within 7 days failing which complainant will take legal remedies for recovery of the amount at the cost of OPs. Document No.16 is postal track record stating article delivered on 04.12.2014 to OP-1. Document No,17 is returned RPAD cover. Complaint No.407/2015
7. On perusal of the oral and documentary evidence produced by the complainant it is crystal clear that complainant lured by the advertisement offered by OPs in its website and prospectus enrolled himself for full time MBA course with OP-2 at Bangalore. Complainant paid Rs.49,000/- on 16.04.2014, Rs.1,51,000/- on 28.06.2014 Rs.1,22,300/- on 28.06.2014 Rs.1,25,000/- on 20.08.2014 totally a sum of Rs.4,47,300/- to OP-2 which has been acknowledged by OP-2 as per Document No.8 to 11 counter foils and receipts. Now the grievance of the complainant is after admission to MBA course in OP-2 institution, he attended the P.G. classes for about two months from 28.07.2014 to 26.09.2014. On 27.09.2014 complainant received the message informing that Honble Delhi High Court on 26.09.2014 restrained OP institution or its Dean from offering MBA and BBA courses or advertising as a management and business school. Since, OPs had no prior approval either from UGC or AICTE which is mandatory. Thereby OPs have cheated the complainant. Left with no alternative complainant got issued legal notice dated 27.11.2014 as per Document No.15 calling upon OPs to refund the amount of fee paid within seven days. Inspite of service of notice there was no response from OPs. Hence, this complaint.
8. Complainant along with his memo dated 20.11.2015 has produced print copy of the order of the Honble High Court of Delhi in case of B.Mahesh Sharma Vs. Union of India and others. We have gone through copy of the order. As per the said order OP institute is not recognised by any statutory body including AICTE. OPs are barred from offerring MBA, BBA course. OPs having concealed the Complaint No.407/2015 said order dated 02.12.2013 has made false advertisements stating course is recognised by AICTE and made the complainant to get admitted to the course on 16.04.2014. Hence complainant sought for refund of the fee amount paid. Inspite of service of legal notice OPs have failed to reply or complied the demands made therein. This act of OPs in making the false advertisement and representation stating MBA course is recognised by AICTE amounts to unfair trade practice on the part of OPs. We are satisfied that complainant proved deficiency and unfair trade practice on the part of OPs. Under the circumstances we are of the considered view that OPs are liable to refund fee amount of Rs.4,47,300/- together with interest at 12% per annum from 20.08.2014 till realization along with litigation cost of Rs.3,000/- to the complainant. Accordingly, we proceed to pass the following: ORDER
1. The complaint filed by the complainant is allowed in part.
2. OPs shall refund fee amount of Rs.4,47,300/-(Four Lakhs fortyseven thousand and three hundred) to the complainant along with interest at 12% per annum from 20.08.2014 till realization together with litigation cost of Rs.3,000/-.
3. This order shall be complied within 30 days from the date of receipt of this order.
4. Supply free copy of this order to both the parties. Complaint No.407/2015 (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Forum by us on this the 25th day of July 2016) MEMBER MEMBER PRESIDENT NRS* Complaint No.407/2015 COMPLAINT NO.407/2015 Complainant Opposite Parties Mr.Ramprasad S/o.Pranesh Deshpande, Age: 21 Years, Occupation:Student, C/o.P.M.Deshpande, R/o.Chinachinkar Building, 4th Cross, U.B.Hill Road, Behind Shindhe Laundry, Dharwad-580007.
1. The Indian Institute of Planning & Management (IIPM), Represented by Mr.Arindam Chaudhuri, New Delhi-110016. (India)
2. The Indian Institute of Planning & Management (IIPM) Represented by its Dean Mr.Prasun Kumar, Kormangala 1st Block, Bangalore-34. Witness examined on behalf of the complainant dated 05.09.2015 Sri.Ramprasad. LIST OF DOCUMENTS PRODUCED BY THE COMPLAINANT
1. Doc. No.1 is copy of the order passed in CC No.08/2015 filed by complainant before District Consumer Forum Dharwad
2. Doc. No.2 is copy of the prospectus issued by OP
3. Doc No.3 is copy of the markscard of the complainant for 6th semester
4. Doc No.4 & 5 are copy of the messages from inviting applications for GIDF
5. Doc No.6 is copy of the letter of OP dated 16.04.2014
6. Doc No.7 is certificate issued by OP to Bank of India, Dharwad
7. Doc No.8 is counter foil of challan dated 13.06.2014 showing payment made to OP
8. Doc No.9 is provisional receipt issued by OP to complainant dated 14.06.2014
9. Doc No.10 is counterfoil of challand dated 16.04.2014.
10. Doc No.11 is receipt issued by OP to complainant dated 23.04.2014 Complaint No.407/2015
11. Doc No.12 is copy of the message dated 27.09.2014
12. Doc No.13 is letter of complainant to OP
13. Doc No.14 is returned cover and served acknowledgement cards
14. Doc No.15 is copy of the legal noticedated 27.11.2014
15. Doc No.16 & 17 are postal track record stating article delivered on 04.12.2014 to OP-1 and returned RPAD cover. Witnesses examined on behalf of the OPs Nil List of documents produced by the OPs Nil MEMBER MEMBER PRESIDENT