PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 97/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

1. Soumyaranjan Kar,

S/O-Manoranjan Kar,

2. Manorajan Kar,

S/O- SatyaranjanKar

Both are R/O- Meena Cottage, Infront of F 41/2, Burla, PO/Ps-Burla

Dist-Sambalpur, Odisha-768017, Odisha.   .……….......Complainant.

Vrs.

1. Global Focus Education Private Limited

Having its registered office at Bhoinagar, Plot No. 382, behind Saheed nagar Police Station, Bhubaneswar, 751022,

represented through its Managing Director

Sri Mirza Abdul Zaheer Baig, Aged about 31 years.

S/O- Mirza Abdul KaharBaig.

2. Dr. Swadin Mahapatra, Director of Global Focus Education Private Limited, having its registered office at bhoinagar, Plot No. 382, behind Saheed nagar Police Station, Bhubaneswar-751022.             ...……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. S.Dash & Associates
2. For the O.P.No.1                :- Sri. A.Nanda & Associatess
3. For the O.P.s                       :- Sri. S.Das & Associates

Date of Filing:12.06.2023,  Date of Hearing :04.11.2024,  Date of Judgement :09.12.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainants is that the Complainant No.1 intended for medical education at abroad and contacted the O.P.No.1 education consultant service provider. For admission to Kharkiv National Medical University, Kharkiv, Ukrain the Complainant No.1 has to deposit a sum of Rs. 8,38,450/- with the O.P.No.1. As required by O.P.No.1 Complainant No.1 has to hand over two signed blank cheques. As Complainant No.1 had no money, for him Complainant No.2 had to sign blank cheques on behalf of his son.

On 12.06.2021 Complainant No.1 boarded flight from Delhi to Kyiv, Ukrain and after two months on 12.08.2021 the admission process began in the Kharkiv National Medical University. The Complainant No.1 while prosecuting study, the O.P.No.2 directed to produce the passport as security and it was procured by O.P.NO.2 on 23.02.2022.

The Russia-Ukraine war broke out on 24.02.2022. The O.P.No.1 requested the Complainant No.2 to deposit Rs. 4,50,000/- in cash immediately with O.P.No.1 at Bhubaneswar and they assured to return the passport to Complainant No.1 thereafter. The Complainant No.2 immediately deposited Rs. 4,50,000/- at Bhubaneswar going from Burla. The O.P.No.2 not released the passport. Indian embassy at Ukraine gave ultimatum to quit Ukraine. The Complainant started his journey by foot to boarder but the Romanian Authority detained the Complainant No.1 entering to Romania crossing Ukraine Boarder. Realising the practical problem the Romanian Authority issued a temporary VISA and informed the Indian Embassy in Romania. The IndianEmbassy rescued the Complainant No.1 and issued emergency passport so that he can reach Delhi. The Complainant reached Delhi on 08.03.2022 and thereafter reached Sambalpur with Complainant No.2.

The O.P.No.2 was contacted who advised to forget everything and to take a positive look for online class. The O.P.No.1 by playing foul play used the signed blank cheque No. 628755 of Punjab National Bank, Raipur for Rs. 9,26,450/- and got it bounced, filed ICC No. 396/2022 before SDJM Bhubaneswar U/S 138 of the N.I. Act, 1881 against Complainant No.2. After payment of Rs. 4,50,000/- also the O.P.No.2 not released the VISA.

The medical University due to war decided to shift its physical campus to Tbilisi, Georgia as temporary accommodation and another duplicate passport is required and Complainant No.1 spent Rs. 10,000/-. The O.P.No.2 not provided the passport yet. Unless the passport is not released the Complainant No.1 will be debarred from continuing his medical study.

The O.Ps are deficient in service and unfair in trade practice and liable for the violation of consumer rights.

2. The O.Ps in reply submitted that the O.P.No.1 is an aducational consultancy company. The Complainant No.1 got admission in Ukraine for study of MBBS (2021-2027) at Kharkhiv National Medical University, Ukraine through Global focus. The Company arranges VISA, Passport, air tickets for the students and their parents, who accompany to Ukrain with their children. Student has to bear all expenses. The Complainant No.2 could not arrange the annual course fees for 2021-22 and requested the company to deposit the same in the Kharkhiv National Medical University and given undertaking to clear all the dues as soon as possible. Complainants executed an agreement with the O.Ps on 06.12.2021. The company deposited all the fees in good faith. Due to war between Russia and Ukraine, all the students from India returned to their respective places. All the students returned Indian through Indian Embassy. The Complainant No.2 when demanded the outstanding dues the Complainant issued cheque No. 628755 dated 04.04.2022 of SBI, New Secretariat Raipur for Rs. 9,26,450/-. The cheque was palced before ICICI Bank, Main Branch Bhubaneswar and the Bank returned the cheque vide advice dated 10.05.2022 with remarks “funds insufficient” After following due procedure ICC No. 3961/2022 was filed on 04.007.2022 before S.D.J.M. , Bhubaneswar.

After getting admission to the university all the documents are submitted there. There is no need of any documents lying with the O.Ps. In absence of Original Visa duplicate passport was arranged by the O.P., unless Complainant No.1 would have never returned to India.

Complainants have filed this case to divert the main issue of returning/paying Rs. 9,36,450/- to O.P.No.1. This complaint is not maintainable as education is not a commodity and educational institutions are not providing any service. Accordingly, the case needs to be dismissed.

3. Perused the documents filed by both the parties. The Complainant filed following documents:

1. Card issued by the university(illegible)
2. Emergency certificate issued in favour of Complainant No.1
3. Papers showing the calculation sheet along with advertisement of O.P.No.1.
4. Whatsapp chart.
5. Summon in ICC No. 3961/2022.

The O.Ps filed following documents:

1. Agreement dated 06.12.2021.
2. Complaint petition in ICC No. 3961/2022.
3. Cheque No. 628755 dated 04.04.2022 for Rs. 9,26,450/- of PNB, New Secretariate Branch Raipur.
4. Brochure of Kharkhiv National Medical University.
5. Undertaking dated 05.12.2021.
6. Letter No. 394(A) dated 25.02.2022 of resident Commissioner, Govt. of Orissa.
7. Emergency certificate.
8. Indigo air ticket for date 05.12.2021 from Bhubaneswar to New Delhi of Complainant No.1
9. Photographs of Students.

4. After going through the documents and pleadings of the parties following issues are framed:

ISSUES

1. Whether the Complainants are Consumer of the O.Ps and the O.P.No.1 is an educational institution not covered under the Consumer Protection Act, 2019 ?
2. Whether the O.Ps have illegally retained the passport of the Complainant No.1 and duplicate pass-port is not provided by the O.Ps ?
3. Are the O.Ps deficient in their service ?
4. What relief the Complainants are entitled to get?

Issue No.1:- Whether the Complainants are Consumer of the O.Ps and the O.P.No.1 is an educational institution not covered under the Consumer Protection Act, 2019 ?

The O.Ps challenged the maintainability of the Complaint. The O.Ps contended that education is not a commodity and educational institutions are not providing any kind of service. The O.Ps cited P.T. Koshy Vs Ellen charitable Trust Case (2012), Manu Solanki and Others Vs Vinayak Mission University case and Principal, L.D.R.P Institute of Technology and Research Vs Apoorv Sharma, Revision Petition No.2006/2019 of the hon’ble NCDRC, New Delhi. The Complainant in the other hand submitted that O.P.No.1 is not an educational institution rather it is a consultancy service provider and working between the aspiring students and the University. The O.P.No.1 has made advertisement for the services.

From the brochure issued by the O.P.No.1 it reveals that the O.Ps is taking Rs. 45,000/- to-wards VISA processing fees, arrangement of hotel for students admission to KNMU university works are undertaken by the O.P.No.1. Towards consulting and processing charges the O.P.No.1 is taking 1400 USD. From this it is clear that the O.P. No.1 is engaged in providing service to students in Ukraine to take admission in medical studies and not an educational institution.

The M.D. of the O.P.No.1 in the calculation sheet narrated the Complainants the payment details and made signature on it. Likewise along with account statement one Seikh Haseem Ali of the O.P.No.1 acknowledged the receipt of Rs. 4,50,000/- 24.02.2022 and stated balance for 1^st year is Rs. 3,88,450/- which is to be paid by Complainant.

From the Supra discussion it is clear that the O.Ps are service providers and are not educational institution. Accordingly, the Complainants are consumers of the O.Ps and this Complaint is maintainable before this Commission.

Issue No.2:- Whether the O.Ps have illegally retained the passport of the Complainant No.1 and duplicate pass-port is not provided by the O.Ps ?

From the agreement dated 06.12.2021 Complainant No.2 and the O.P. No.1 it reveals that the Complainant No.2 undertook to pay the tution fees/others fees to the concerned university. From the documents submitted it reveals that the O.Ps have arranged for admission in Kharkhiv National Medical University, conducted the preliminary test and paid all the dues of the University. The Complainants have not filed any documents in support of their payment. In one of the account statement the O.P.No.1 has acknowledged the receipt of Rs. 4,50,000/- paid on 24.02.2022. From the said statement it is clear that the Complainants have not paid the entire dues of the 1^st year admission and O.P.No.1 noted Rs/ 3,88,450/- to be paid by the Complainants.

From the whatsapp correspondences it reveals that the Complainant No.2 has issued two numbers of PNB, Raipur cheques which are blank. Later on one of the cheque No. 628755 was filled up for collection by O.Ps on 04.04.2022 amounting to Rs. 9,26,450/-. In what way the outstanding balance against Complainants was Rs. 9,26,450/- has not been explained by the O.Ps. The dispute between both the parties arose when Complainants not paid the outstanding balance and the O.Ps by dishonouring the cheque No. 628755 dated 04.04.2022 filed ICC case No. 3961/2022 before the S.D.J.M., Bhubaneswar u/s 138 of the N.I. Act, 1881.

This Commission is not concerned with the Complaint case No. 3961/2022 but from the documents it is clear that for non-payment of dues the O.Ps have taken passport of Complainant No.1. The O.Ps submitted that after getting admission to university all documents are submitted there. After getting admission there is no need to any documents lying with the O.Ps Company. From the very statement it is clear that the passport and other documents were with O.Ps for non-payment of outstanding dues. When the war between Ukraine and Russia broke the O.Ps not handed over the passport to the Complainant No.1 and made arrangement of duplicate passport for return to India. The Complainant No.1 must have made expenditure for it. The O.Ps have made arrangement for return to India as it reveals from letter No. 394(A) dated 25.02.2022 of the Resident Commissioner, Govt. of Odisha.

Retention of passport and travel documents of the Complainant No.1 by the O.Ps is not only illegal but also amounts to deficiency in service on the part of O.Ps as it violates the Passport Act, 1967 and Rules there under. Accordingly, the issue is answered accordingly against the O.Ps.

Issue No.3:-  Are the O.Ps deficient in their service ?

In an agreement part consideration has been paid by the Complainants to O.Ps and the O.Ps for recovery of the outstanding dues retained the pass port and travel documents of Complainant No.1 illegally, harassed the Complainants during war time as discussed Supra. It amounts to deficiency in service.

Secondly, instead of collecting Rs. 3,88,450/- the O.Ps demanded Rs. 9,26,450/- it is also against the procedure of law as the O.Ps failed to substantiate their case before the Commission. The O.Ps are deficient in service. Issue is answered accordingly. 

Issue No.4 What relief the Complainants are entitled to get?

The Complainants are entitled for the relief as claimed for. Accordingly following order is passed:

ORDER

The complaint is allowed on contest against the O.Ps partly. The O.Ps are directed to receive Rs. 3,88,450/- from the Complainants within one month of this order and return the passport and travel documents of Complainant No.1. For deficiency in service the O.Ps are liable to pay Compensation of Rs. 5.00 lakhs and litigation expenses of Rs.25,000/- within one month of this order. In case of non-payment the amount will carry 7% interest from date of filing complaint till realisation.

Order pronounced in the open court on 9^th day of Dec 2024.

Supply frees copies to the parties.