DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.197/2018
Shugufa Ahmadi
W/o Mohd Mudaser Ahmadi
R/o 53 Masjid Road Bhogal,
New Delhi-110014
….Complainant
Versus
Aashmeen Munjal
Managing Director
Aashmeen Munjaal Star make up Academy,
F-9, East of Kailash,
New Delhi-110065
….Opposite Party
Date of Institution : 17.07.2018
Date of Order : 12.10.2022
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Ms. Kiran Kaushal
- Facts of the case as pleaded by the Complainant are-
The complainant took admission in Aashmeen Munjaal Star Make up academy on 20.04.2013 for ‘Advance Makeup Course’ of 03 months and paid Rs.1,06,200/- towards fee.
2. It is stated that at the time of admission false promises were made by representative of OP who had stated that founder of the academy Aashmeen Munjaal ,who is celebrity makeup artist would personally teach and train the students. Aashmeen Munjaal would take the final exams and point out the deficiency in the makeup of students. It was promised that the academy would provide all the makeup material and would provide certification after completion of the course. It was also promised that the academy would provide unconditional job offer to all the students after completion of the course. It is stated that on joining the classes Complainant found that the tall promises made by OP were not being fulfilled.
3. The founder Aashmeen Munjaal never took classes and rarely visited the academy except as a celebrity in a face off competition. The material provided by the academy was inadequate. It is stated that all the complaints made to OP went unheeded, therefore the complainant with other students confronted OP on 06.07.2018 in most peaceful manner but no positive answer was provided.
4. However to the utter surprise of the Complainant she received a whatsapp message on 07.07.2018 from OP informing the complainant of her rustication. It is stated that the reasons given by OP to rusticate the complainant were totally false, misplaced and malafide. Due to rustication, the complainant could not complete the makeup course with many classes/demos remaining and no certification was given to the complainant. Also since the course was not completed no job offer has been made to the Complainant as promised.
5. Aggrieved, by the circumstances above the complainant approached this Commission for direction to OP to refund Rs.1,06,200/- @18% per annum. Additionally it is prayed that OP be directed to pay Rs.10,000/- towards compensation for mental agony , physical strain and Rs.1,000/- towards cost of litigation.
6. OP was proceeded exparte vide order dated 08.01.2019. Exparte evidence and written submissions have been filed on behalf of the complainant. Arguments on behalf of the Complainant are heard. Material placed on record is perused.
7. Before we proceed with the merits of the case it is important to read the relevant portion of the rustication notice which is reproduced as under:
‘we regret to inform, that the under listed students have been suspended from the academy for violating the rules of the academy, causing indiscipline inside and outside the classroom and creating disturbed environment of fellow learners and misbehaving with teaching and other staff members.’
Xxxxxxxxxxxxxx
‘After checking the attendance records and other data files, we have seen that you have completed the professional and advance makeup course to the maximum at our academy and due to the highly unacceptable behaviour of the undernamed students, we close your course here.
In view of the misconduct at the academy, we hereby terminate your certification with us.’
8. It is claimed in the rustication notice above that complainant and her fellow students did not agitate in peaceful manner and has misbehaved with the faculty .It for the reasons stated above the certification of the students was terminated .Complainant has disputed this manner of protest. Though there is no contemporary evidence such as letter or Email to prove that the complainant communicated her problems to OP prior to the agitation mentioned above yet the fact that number of students agitated and were rusticated by the institute leads us to the conclusion that there was some deficiency on the part of OP which led the students to protest.
9. The other issue agitated by the complainant is that OP promised to provide international certification, stating that the said academy is internationally certified by International Accredited Organization (IAO) which guarantees high standard of learning. However complainant got to know that the IAO is not recognized by the Council on Higher Education Accreditation and the US department of the education. Rather it is in the list of unrecognized Higher Education Accreditation Organization. On going through the brochures placed on record by the Complainant the said fact that Star makeup academy is accredited by IAO is not found. Therefore in the absence of the same this plea of the complainant is rejected.
10. It is further observed that there is no dispute to the fact that complainant had paid full fee and rustication notice admits that the complainant had almost completed her 03 months makeup course , therefore OP was deficient to the extent that it did not provide the Course Completion Certificate. However it is noticed that complainant has not sought issuance of the said certificate. Since the course was attended for almost full duration we are of the opinion that she is not entitled to refund of full fee.
11. Accordingly OP may issue Course Completion Certificate ,if any such prayer is made to OP by the complainant.
12. Alternatively, we direct OP to return part fee quantified at Rs.75,000/- @6% per annum from date of filing of complaint within 03 months, Failing which OP shall pay Rs.75,000/- @10% till realisation.
File be consigned to the record room and order be uploaded on the website.
