By Smt. Bindu. R, President:
This complaint is filed by Amal Shad, S/o. Muhammed Ali, Kozhikodan House, Kaniyambetta Post againt Akash Group of institution represented by its
Principal as 1st Opposite Party and Jeswin, the Admission Co-ordinator of Akash Group of institution as 2nd Opposite Party alleging deficiency of service and unfair trade practice from the side of the Opposite Party.
2. The Complainant states that on completion of Plus 2 in the year 2020, he had obtained Diploma in Medical Laboratory Technician Course. While then an agency named Galaxy Education contacted the Complainant over mobile phone and informed the Complainant that 1st Opposite Party is a well known and reputed institution for BSc nursing. The total amount of fees towards the course will be Rs.8,00,000/- and the Complainant has to remit Rs.3,50,000/- for the 1st semester and the balance in 3 instalments for the remaining three years. The Complainant approached the 2nd Opposite Party who had issued a prospectus including the fee structure and explained that the 1st Opposite Party is a reputed institution for BSc nursing and requested the Complainant to pay Rs.5,000/- advance. The Complainant paid the said amount directly to the 2nd Opposite Party and at the time of accepting this amount the 2nd Opposite Party told the Complainant that the receipt shall be issued only on payment of the entire course fees. Subsequently after returning from Bangluru the Complainant paid an amount of Rs.20,000/- as per the direction of 2nd Opposite Party. The provisional admission letter of Complainant is told as ready and therefore the Complainant had again went to Bangaluru on 18.01.2023 and collected the provisional administration letter. The original of the SSLC, Plus 2 certificates and TC were handed over by Complainant to the Opposite Party. After collecting the certificate 2nd Opposite Party informed the Complainant that his admission will be at Maruti campus and not in the institution of 1st Opposite Party. Since Maruti Campus is not under the Opposite Parties as per the information gathered by the Complainant and also since Maruti Campus do not have approval from Indian nursing counsel the Complainant told the Opposite Party that he is not interested to join Maruti Campus. The Complainant also asked the 2nd Opposite Party to return the certificates and course fees. But the Opposite Party did not give. Aggrieved by the action of the Opposite Party in not giving back the documents and the amount collected, the instant complaint is filed seeking for refund of amount of Rs.25,000/- and the certificates and for other reliefs.
3. Even though notice was served, the Opposite Party did not appear before the Commission and filed version. Hence the Opposite Party is set exparte.
4. The Commission therefore considered the merit of the case solely on the basis of the contentions in the complaint along with the document produced by the Complainant.
5. The following are the important points to be analysed in this case to derive into the merit of the complaint.
1) Whether the complaint is maintainable under Consumer Protection Act
2019?
2) Whether the Complainant had proved deficiency of service or unfair
trade practice from the side of the Opposite Party?
3) If so compensation and costs to be awarded to the Complainant.
6. At first the Commission has to examine as to whether the Complainant shall fall within the ambit of a consumer as per Consumer Protection Act 2019, and also whether the complaint is maintainable.
"consumer" means any person who— (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.
7. Here in the instant case the transaction between the Complainant and the
Opposite Party shall not fall within the ambit of the decision of the larger bench of the Apex Court in Manu Solanki & Ors V. Vinayak Mission University since the case in hand pertains to a transaction between an agent and the Complainant.
8. As far as the case in hand is concerned, the Complainant had not produced even an iota of evidence to prove that he is having a consumer relationship with the Opposite Party as envisaged as per Consumer Protection Act. The Complainant simply states that he had paid an amount of Rs.5,000/- to the 2nd Opposite Party and he had not given any receipt for the same subsequently another sum of Rs.20,000/- also paid by the Complainant. The Complainant had not produced any bill for the same or the statement of the bank account from which the amount is transferred by the Complainant before the Commission as evidence. The Complainant had simply filed a prospectus and a provisional admission letter with which this Commission cannot reach in to a derivation that the Complainant is a consumer and had paid the amounts to the Opposite Party.
9. Hence the complainant had failed to establish his case on merit and hence point No.1 is found against the Complainant. Since point No.1 is found against the Complainant the merit of point No.2 has not been analysed by the Commission.
CC No.144/2023 dismissed accordingly.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 16th day of November 2023.
Date of filing:14.06.2023.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:
PW1. Amal Shad. K.M. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the Complainant:
A1. Provisional Admission Letter. dt:16.01.2023.
A2. Brochure of Akash Group of Institutions.
Exhibits for the Opposite Parties:
Nil.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
