NCDRC

NCDRC

RP/4585/2010

MAHATMA GANDHI UNIVERSITY & ORS. - Complainant(s)

Versus

ARSHA THOMAS & ANR. - Opp.Party(s)

MR. G. PRAKASH

03 Feb 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4585 OF 2010
 
(Against the Order dated 27/08/2010 in Appeal No. 425/2009 of the State Commission Kerala)
1. MAHATMA GANDHI UNIVERSITY & ORS.
Priyadarshini Hills P.O.
Kottayam
Kerala
2. REGISTRAR, MAHATMA GANDHI UNIVERSITY
Priyadarshini Hills, P.O.
Kottayam
Kerala
3. MAHATMA GANDHI UNIVERSITY SCHOOL OF DISTANCE EDUCATION
Priyadarshini Hills P.O
Kottayam
Kerala
...........Petitioner(s)
Versus 
1. ARSHA THOMAS & ANR.
Edukkutharayil House, Sreekantamangalam P.O., Athimpara
Kottayam
Kerala
2. THE CO-ORDINATOR
M.Phill Clinical Psychology Programme, Department of Clinical Psychology, Mental Health Centre, Peroorkada
Trivandrum - 695005
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. G. PRAKASH
For the Respondent :NEMO

Dated : 03 Feb 2011
ORDER

Opposite parties have filed the present revision petition.

          Complainants/respondents took admission in M.Phil. Clinical Psychology course for the year 2006-2008 on the basis of advertisement issued by the petitioners on 26.6.2006.  Respondents paid a sum of Rs.30,000/- as tuition fee for the first semester and

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registration fee of Rs.500/-.  Classes started from 11.9.2006.  Course was abruptly stopped on 26.3.2007 because of non-execution of MOU between the petitioners and the Government of India and due to not obtaining recognition of the programme from the Rehabilitation Council of India (RCI).  Alleging deficiency in service on part of the petitioner, respondents filed the complaint before the District Forum seeking a direction to the petitioners to jointly and severally pay the sum of Rs.1,20,500/- with interest and costs.

          District Forum partly allowed the complaint and directed the petitioners to refund the sum of Rs.30,500/- to the complainants along with compensation of Rs.50,000/-.

          Petitioners being not satisfied with the order passed by the District Forum filed the appeal before the State Commission which has been dismissed by the impugned order.  Petitioners were directed to pay the amount within one month failing which the amount was to carry interest @ 18% p.a. from the date of complaint till the payment.

 

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          It is not disputed before us that the petitioners had started taking admission in the course 2006-2008 without entering into MOU with the Government of India and without obtaining the recognition of the programme from the Rehabilitation Council of India.  Respondents took the admission assuming that the petitioner had the requisite permission/recognition to conduct the course.  A tremendous loss has been caused to the respondents as they have lost valuable time in pursuing their studies.  Had the respondents known that the petitioner did not have the permission/recognition to conduct the course, they would have taken the admission in some other course or some other institute.  No interference is called for.  Dismissed.  

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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