Complaint filed on: 12.04.2013

Disposed on: 29.04.2019

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027

CC.No.784/2013

DATED THIS THE 29^th APRIL OF 2019

PRESENT

SMT.PRATHIBHA. R.K., BAL, LLM, PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

Complainant/s: -                           

Sri.Abhijeet Kumar

Aged About 25 Years,

S/o Sri.Kameshwar

Prasad Singh,

North of Oriental School,

Opp. to Ganesh Petrol Pump, Sitamarhi, Bihar-843302

Presently R/at #001,

Flat No.53/3, 3^rd Main,

1^st ‘C’ Cross, Mathikere, Bengaluru-54.

By Advocates M/s.Legal-i

V/s

Opposite party/s:-    

1. Alliance School of Management, Rep. by its Chairman

Sri.Sudhir G Angur,

2^nd Cross, 36^th Main,

Dollars Scheme,

BTM 1^st Stage,

Bengaluru-68.

By Advocates M/s.Cyril Prasad Pais Associates and Advocates

2. Sri.Sudhir G Angur

Aged Major

2^nd Cross, 36^th Main,

Dollars Scheme,

BTM 1^st Stage,

Bengaluru-68.

By Advocates M/s.Amar Correa Associates Advocates

ORDER

MEMBER: SMT.ROOPA.N.R

            This complaint is filed by the Complainant against the Opposite party no.1 & 2 (herein after called as OPs), under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OPs to refund the entire admission amount of Rs.3,75,000/- with interest at 24% p.a., to pay Rs.1 lakh towards mental agony, to pay costs                                                     and to grant such other reliefs deem fit for which the Complainant is entitled to.

2. The brief facts of the complaint is as under:

The Complainant submits that, OP.1 is the MBA institution and OP.2 is its Chairman. The Complainant is a student from Bihar has approached OP.1 in the month of Feb 2012 regarding MBA program for the 2012-14 batch. One Ms.Anu Reena Roy, being an Administration Officer has verified the details pertaining to the educational qualification etc., of the Complainant and after verifying the details, she has told the Complainant that he is not eligible to take MBA program as he has less than 60% in 10^th std., and further advised him to meet one Mr.Michael Joshwa, who is an Admission-in-charge of OP.1 for assistance.

2a. The Complainant further submits that, after perusing all the educational certificates the said Mr.Michael Joshwa had assured the Complainant that he will get admission in management quota if the he pays Rs.2 lakhs extra as donation and also told that he will not get the receipt for Rs.2 lakhs, as it is a donation to the institution. Further, he had assured that Rs.2 lakhs and 75% of the admission fee will be refunded, in case the admission gets cancelled. Believing his words, the Complainant has decided to take the admission and took the GD-PI test in the institution. After passing the GD-PI test, in the month of March 2012, he has paid the donation of Rs.2 lakhs and admission fee of Rs.25,000/- to Ms.Anu Reena Roy and Mr.Michael Joshwa as cash inside the chamber of the college building, after that one Mr.Mithun.M.K who is an Executive-Administration of the institution and Mr.Michael Joshwa has counted the cash and given receipt for Rs.25,000/- along with admission offer letter dtd.02.03.12 confirming that the Complainant has successfully got his admission to the MBA. After that, the Complainant gone back to his native.

2b. The Complainant further submits that, in the month of July 2012, the Complainant has been told by the said Mr.Michael Joshwa to pay the tuition fee of Rs.1,50,000/- within 15 days or else his admission will be cancelled. Therefore, the Complainant came back to Bengaluru and on 23.07.12 had paid the tuition fee of Rs.1,50,000/- as cash to the said Mr.Mithun.M.K for which has given receipt dtd.23.07.12. In the month of Aug 2012, the Complainant came to know that, he has failed in one subject in degree exams, so that he has approached OP.1 on 03.10.12 to cancel his admission. For which the aforesaid Mr.Mithun.M.K and Mr.Michael Joshwa have asked the Complainant to send an email requesting for the cancellation of admission and on the same day the Complainant has sent an email requesting to cancellation of his admission, but no action has been taken. Later on Mr.Mithun.M.K has told the Complainant to submit the original documents i.e. admission offer letter, tuition fee and admission fee receipt and then the admission will be cancelled. As per the instructions of OP.1, in the end of Nov 2012, the Complainant has submitted all the documents along with the application for cancel the admission to OP.1 and requested to cancel the admission.

2c. The Complainant further submits that, thereafter the aforesaid Mr.Mithun.M.K and Mr.Michael Joshwa had assured the Complainant that the amount will be refunded within 2-3 weeks. Believing their words, the Complainant kept quiet for some time, but the OPs failed to refund the amount. Therefore, the Complainant has approached op.2 on 20.12.12 and explained entire activities done by the staff under him, as all these actives occurred under his supervision, for which the OP.2 has requested the Complainant to give some tome to resolve this issue. At the end, the OP.2 has started making allegations against his own staff and by saying some unreasonable stories, he has tried to escape from this issue with an intention to protect the name of the intuition and to cheat the Complainant. Hence, the Complainant issued legal notice dtd.29.01.13 for which till today no reply received from OPs and its staff. Hence, the Complainant has approached this forum.

3. The OP.1 & 2 both appeared before this forum and filed separate objections. In the objection, the OPs submit that, OP.1 is running MBA Institution and OP.2 is no way concerned with it. OPs denied entire allegations made by the Complainant in his complaint and prays to dismiss the complaint with exemplary costs.

4. In the course of enquiry into the complaint, the Complainant and the OPs have filed their affidavit reproducing what they have stated in their respective complaint and objections. The Complainant and OP.1 filed written arguments. The Complainant produced documents which were marked. We have gone through the documentary evidence of both parties scrupulously and posted the case for order.  

5. Based on the above materials, the following points arise for our consideration;  

1. Whether the Complainant has proved that there is deficiency in service on the part of the OPs, if so, whether he entitled for the relief sought for ?

2.  What order?

6. Our findings on the above points are as under:

Point No.1:  In the affirmative

Point No.2:  As per the order below

REASONS

7. Point No.1: It is the case of the Complainant that, he is a student from Bihar has approached the OP.1 in the month of Feb 2012 regarding MBA Program for the 2012-14 batch. After verification of the educational qualification of the Complainant by the Administration officer of OP.1 told the Complainant that, he is not eligible to take MBA due to less than 60% marks in 10^th std., and further advised to meet admission in-charge of OP.1 for assistance. After perusing all educational certificates by admission in-charge of OP.1 assured the Complainant that, he will get admission in management quota if he pays Rs.2 lakhs extra as donation. In the month of March 2012, the Complainant has paid donation of Rs.2 lakhs and admission fee of Rs.25,000/-. The Complainant further submits that, the OP assured that Rs.2 lakhs and 75% of the admission fee will be refunded in case of admission gets cancelled. After that, in the month of July 2012, the Complainant has paid the tuition fee of Rs.1,50,000/-, for which the OP.1 issued receipt.  

8. As looking in to the documents Ex-A1 & A2 produced by the Complainant, it clearly shows that, the OP.1 received the admission fee of Rs.25,000/- and tuition fee of Rs.1,50,000/- and these receipts are in the name of the Complainant. But there is no supported documents to show that the Complainant has paid the donation of Rs.2 lakhs. So it is not reliable.

9. After that, the Complainant came to know that, he failed in one subject in degree exam. Hence, the Complainant approached the OPs for refund of the tuition and admission fee paid by him. As looking in to the documents Ex-A3 produced by the Complainant, it clearly shows that, the Complainant has approached OP.1 for cancel his admission and for refund of the paid amount. After issuing of legal notice to OPs, the OP.1 issued reply dtd.29.01.13 was received. As looking in to the documents i.e., Ex-A4 to A7, it clearly shows that, the OPs failed to refund the amount, which clearly amounts to deficiency in service on the part of the OPs.

10. Now, coming to the relief, the Complainant is entitled to receive 75% of the admission fee (Rs.25,000/-*75%) i.e., 18,750/- by the OPs along with interest at 18% p.a. from 02.03.12 and also entitled to receive tuition fee of Rs.1,50,000/- by OPs along with interest at 18% p.a. from 23.07.12 till the date of realization. Further, compensation of Rs.10,000/- and cost of litigation of Rs.2,000/- is fixed. Accordingly, we answered the point no.1 in the affirmative.  

11. Point no.2: In the result, for the foregoing reasons, we proceed to pass the following order.

ORDER

The complaint filed by the Complainant is partly allowed.  

2. The OP.1 & 2 jointly and severally are directed to refund of Rs.18,750/- to the Complainant along with interest at 18% p.a. from the date of 02.03.12 till the date of realization.  

3. Further, the OP.1 & 2 jointly and severally are directed to refund of Rs.1,50,000/- to the Complainant along with interest at 18% p.a. from the date of 23.07.12 till the date of realization. 

4. Further OP.1 & 2 jointly and severally are directed to pay compensation of Rs.10,000/- and cost of litigation of Rs.2,000/- to the Complainant.

5. This order is to be complied by the OP.1 & 2 within 45 days from the date of knowledge/receipt of this order.

          Supply free copy of this order to both parties. 

(Dictated to the Stenographer, transcribed and typed by her, corrected and then pronounced by us in the Open Forum on this, the 29^th day of April 2019)

1. Witness examined on behalf of the complainant/s by way of affidavit:

Sri.Abhijeet Kumar, who being the Complainant was examined. 

Copies of Documents produced on behalf of Complainant/s:

1. Witness examined on behalf of the OP/s by way of affidavit:

Sri.Rajesh Shetty, who being the Authorized Representative of OP.1 was examined. 

Sri.Sudhir G Angur, who being the OP.2 was examined

Copies of Documents produced on behalf of OP/s: