DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.497 of 28-10-2010 Decided on 13-06-2011
Gurkhetpal Bansal, aged 21 years, son of Sh. Dev Raj Bansal, resident of village Pakka Kalan, Tehsil and Distt. Bathinda. .......Complainant Versus
Baba Farid Institute of Higher and Foreign Studies, Deon, Muktsar Road, Tehsil and District Bathinda, through its Managing Director G.S.Dhaliwal. Sh. G.S.Dhaliwal, Managing Director, Baba Farid Institute of Higher and Foreign Studies, Deon, Muktsar Road, Tehsil and District Bathinda.
......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President. Sh.Amarjeet Paul, Member. Present:- For the Complainant: Sh.K.S.Sidhu, counsel for the complainant. For Opposite parties: Sh.Rajiv Gupta, counsel for opposite parties.
ORDER
Vikramjit Kaur Soni, President:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant alongwith his father approached the opposite party No.1 to take admission in course of Bachelor in Business Administration (BBA). On approaching the opposite party No.1, the officials of the opposite party No.1 informed them that they are conducting three years (six semesters) BBA course. The students for first two semesters will undertake the study in India and the studies of other four semesters will be undertaken at an Australian University. They also informed that they will provide free of cost IELTS coaching and there is 100% job guarantee in the course and the students will be issued with Australian visa for six years. Under the allurement of the opposite party Nos.1&2, the complainant took admission with the opposite party No.1 and deposited the requisite fee. The complainant has alleged that the opposite party Nos.1&2 also got deposited Rs.1,700/- Australian Dollars through two drafts from the complainant under the pretext of sending him to Australia University and did not give any proof of the admission. Later on, the opposite party Nos.1&2 started asking the complainant to do degree in Hotel Management and also offered him to undergo Diploma in Cookery. Thereafter, they resiled from giving free IELTS coaching and the complainant had to undergo IELTS from outside by paying fee. The opposite party Nos.1&2 have spoilt the education career and future of the complainant. The complainant also got served a legal notice upon the opposite parties but to no effect. Hence, the complainant has filed the present complaint. 2. The opposite parties have filed their joint written statement and pleaded that the opposite party No.1 runs Baba Farid Globel Innovation Centre at Muktsar Road, Bathinda. It has tie up with Australian Science and Management Academy (ASMA), Victoria, which is highly reputed Australian Organization acting as a Global Credits Transfer Facilitator. ASMA plays an intermediate role between the Indian Educational Institute and Australian Universities and Institutions. ASMA collaborated with MMC to provide Credits Transfer to Indian Students at various Australian Universities under its highly popular AUPP Program. The opposite party was accredited with ASMA as audited partner under AUPP (Australian Unified Pathway Program). The opposite parties had no direct collaboration with any Australian University. The tie up was also done by the opposite parties to the educational prospects of Indian students, especially of Backward Malwa Belt of Punjab, as such, the degree has enhanced job opportunities and draw higher salaries but Foreign education is extremely expensive and only few can afford such education. AUPP offers huge cost savings in this regard by providing quality International education at Indian Education price. For 8 months/1 year an AUPP student studies first 2 semesters in India while studies of remaining 4 semesters are undertaken at an Australian University. This result in considerable saving on expenses and AUPP student can also utilize first year effectively, which otherwise is spent in obtaining Study Offer, Pass Port, IELTS and Visa documents. AUPP promises assistance for obtaining visa through recognized agency and also provides support services regarding accommodation in Australia. The opposite parties organized a 6 days Career Counseling Seminar, addressed by Indian Operation Head of AUPP in April, 2008 who made prospective Indian students aware of the benefits of the said program. The complainant and his father attended the said seminar and satisfied themselves about the benefits of the program and various requirements to be fulfilled by them with regard to studies at abroad under the said program. Neither the opposite parties nor AUPP personel ever promised the opportunity to settle in Australia after completion of course. It was merely informed that during course of study abroad, the students would be given work permit to finance their studies and repay the educational loan and there was a provision for additional 18 months stay of temporary residence ship to work and repay the loan made by the Australian Government. Under this program, the students could be eligible for permanent residency as per DIMIA Rules. No promises or allurement of any kind were made by the opposite parties. Under AUPP program studies for first 2 semesters are under taken in India while studying with the opposite party No.1 and the remaining 4 semesters are undertaken at Australian Universities but the studies in Australia are dependent and conditional to fulfillment of formalities and completion of education by students in India. The opposite party No.1 no doubt offered IELTS coaching to make students fluent in English and enable them to pursue their studies abroad. The opposite party No.1 did not offer or promise for 100% job guarantee or issuance of 6 years Australian visa as alleged by the complainant. Only assistance for obtaining study visa was offered and that too subject to satisfaction of various formalities prescribed by the Australian Government. Each candidate and his parents undertook to bound themselves to clear eligibility of every AUPP student. The complainant was first enrolled in BBA course with the opposite party No.1 by depositing Rs.11,200/- against receipt No.1008 dated 11.07.2008. Later on, he deposited Rs.29,000/- vide admission Form No.876 dated 07.08.2008, receipt No.2954 opting for studies in BHM course. A sum of 1700 Australian Dollars had to be paid by the complainant under AUPP program. First payment of 850 Australian Dollars being made by the complainant vide draft dated 21.08.2008 issued by HDFC Bank Ltd., Mumbai. Proof of enrollment under the course was duly given to the complainant by its authorized signatory, AUPP on 16.09.2008 confirming his admission and even providing him AUPP roll number H081965. The complainant himself filled International student Application Form for 2009-2010 with ATMC affiliated to University of Ballarat (Australia) on 14.11.2009. The complainant himself opted to study in BHM course and started attending the classes and workshops therein. The complainant was late in depositing second installment of 850 Australian Dollars which was to be paid by him latest by 20th February, 2009. The reminder was issued to the complainant on 21.02.2009. The opposite parties received communication from IHO, Delhi AUPP intimating names of students who had not yet paid term 2 exam fees. The name of the complainant is mentioned in above said communication dated 25.05.2009. The complainant himself left the studies after January 2009. The opposite parties have never back tracked from their commitment. The opposite parties i.e. AUPP Indian Operations Head had informed the students that while studying in abroad, the students would be given work permit and that Australian Government had further agreed not to insist upon the Indian students to immediately go back after completion of studies but had made provision for 18 months additional temporary residence ship to work and repay the Educational Loans. The complainant himself opted to study in BHM course. The opposite parties never offered him any diploma in Cookery. The opposite parties continued to provide IELTS coaching but the complainant only occasionally attended the lectures and have opted for private IELTS coaching from outside. The complainant was not sincere in his studies and also delayed submission of necessary documents required for processing of visa formalities. One reminder was issued to the complainant in this regard on 20.12.2008. Since, the default continued and another reminder was issued to the complainant on 21.02.2009. The assignment and projects submitted by the complainant under the course, were transmitted by the opposite parties through AUPP, IHO to Assessor in Australia for enabling Block Transfer of Credits but the said assignment and project was returned by the Assessor as copied work. Thereafter, fresh competencies/work course were introduced and the complainant instructed to complete them as per guidelines of AUPP. The complainant's parents were requested vide letter dated 25.03.2009 to ensure due attendance of classes and submission of all competencies in time by their ward latest by 15.04.2009 and also to supply of balance documents necessary for putting up the case for issuance of student visa. Neither the complainant nor his parents heeded the urgent requests with the result that the complainant could not pursue his studies abroad for which he himself responsible. 3. Parties have led their evidence in support of their respective pleadings. 4. Arguments heard. Record alongwith written submissions submitted by the parties perused. 5. The complainant has submitted that he has approached the opposite parties for seeking admission in course of Bachelor in Business Administration (BBA) who informed him that they are conducting three years (six semesters) BBA course. The students for first two semesters will undertake the studies in India with the opposite party No.1 and the studies of other four semesters will be undertaken at an Australian University. The officials of the opposite party No.1 informed the complainant that they will provide free of cost IELTS coaching and there is 100% job guarantee in the course and the students will be issued an Australian visa for six years. The complainant had got deposited 1700 Australian Dollars in two drafts as requisite fee to the opposite party No.1. Later on, the opposite party Nos.1&2 backtracked from the assurance given by them and informed the complainant that the visa will be study visa for two years only and that the student might have to work as labourer and the University has no responsibility for this. The opposite party Nos.1&2 asked the complainant to do degree in Hotel Management and also offered him to undergo Diploma in Cookery. Earlier, they had claimed that IELTS coaching will be provided to students free of cost but later on, they resiled from giving free IELTS coaching and the complainant had to undergo IELTS from outside by paying fee. The opposite party Nos.1&2 have spoilt the education career and future of the complainant. 6. The opposite parties have submitted that the complainant had taken admission in BHM course with the opposite party No.1 wherein he has to complete first two semesters of his studies i.e. one year in India and remaining two years (4 semesters) to be undertaken in Australia. The complainant did not complete his studies and has filed the present complaint. The complainant has levelled the following allegations on the opposite parties:- The complainant had sought degree in Hotel Management but the opposite parties were offering him to undergo diploma in Cookery. The opposite parties had allegedly assured grant of 6 years Australian visa. The opposite parties had assured 100% job guarantee in the course. The opposite parties had promised free of cost IELTS coaching but they did not provide such coaching and he had to take IELTS coaching from out side by paying fee. The complainant paid 1700 Australian Dollars vide 2 drafts but he was not furnished any proof of admission.
The complainant has placed on file his own affidavit Ex.C-1 and Ex.C-9 and affidavit of his father Ex.C-10 to prove his version. He has also produced the affidavit of one Sandeep Singh Ex.C-11. The opposite parties have rebutted the allegations of the complainant by filing the affidavit Ex.R-1 and Ex.R-91 of Sh. G.S..Dhaliwal, Chairman of Baba Farid Vidyak Society, Bathinda with supporting documents Ex.R-2 to Ex.R-90. 7. The complainant initially had taken admission with the opposite parties in BBA Part-I course by depositing Rs.11,200/- vide receipt No.109 dated 11.07.2008 Ex.C-5. He shifted to BBA Course by filling admission Form Ex.R-26 and depositing another amount of Rs.29,000/- vide receipt No.754 dated 07.08.2008 Ex.C-4. Later on, the complainant opted for BHM course under AUPP Program. The said course was voluntarily taken by the complainant as he had deposited the first installment of 850 Australian Dollars to AUPP vide demand draft dated 21.08.2008 Ex.C-3. Admission of the complainant under AUPP Program for BHM course was confirmed to him vide mail massage Ex.R-27. The complainant attended the classes of the said course as per attendance sheets Ex.R-29 to Ex.R-32. The complainant filled International Study Application Form for the year 2009-2010 issued by ATMC (Australian Technical Management Course), affiliated to University of Ballarat, Australia for doing BHM Course Ex.R-35. A offer letter was issued by ATMC to the complainant Ex.R-37. Result of the complainant for the first semester in BHM course is Ex.R-38. The complainant opted for BHM course voluntarily. At no stage, the opposite parties offered him diploma in Cookery instead of BHM course which is totally a false allegation. A compact disc containing additional video recording is a fabricated/tampered document, neither proved nor admissible in evidence. Neither any witness has been examined nor any information disclosed as to who made the recording on which date and no certificate has been produced on file that the alleged recording is genuine, authentic, accurate and has not been tampered with/doctored or spliced. For this, the opposite parties have taken the support of law laid down in cases AIR 2010 SC 965 para 20 to 24; AIR 1983 Cal. 343 and 2006 (4) RCR (Civil) 198. 8. It is mentioned in affidavit Ex.R-91 of Sh. G.S. Dhaliwal that the recording is not genuine and he disowned the said fabricated recording. The opposite parties had never assured the complainant for Australian Visa for 6 years. The opposite parties had only informed prospective conditions that during course of study (abroad) of 2 years duration, the opposite parties would assist in study visa and that too to satisfaction of various formalities prescribed by the Australian Government. In the publicity brochure Ex.R-5 issued by the opposite parties and newspaper cuttings Ex.R-6 to Ex.R-22, there is no assurance or allurement of grant of 6 years Australian visa. The complainant had also not assured 100% job guarantee. In Affidavit Ex.R-1, Sh. G.S. Dhaliwal, Chairman, Ex.R-4 publication material of AUPP, Ex.R-5 publicity brochure and newspaper reporting/publicity Ex.R-6 to Ex.R-22, there is no such promise or allurement. In Ex.R-11 i.e. Tribune, reporting dated 11.04.2008 in which it is mentioned that during course of study, the students would be given work permit and after completion of studies, 18 months temporary residence will be arranged to enable him to work and repay the loan. Taking of job was subject to choice and availability option of the students. The opposite parties would only help in obtaining the work permit. 9. The opposite parties have admitted that they have offered free IELTS coaching and have denied that the opposite parties did not arrange IELTS coaching classes rather these classes commenced from 01.08.2008 to show the attendance of the complainant, a copy of attendance record for the period August 2008 to February 2009 i.e. Ex.R-33 is placed on file. Initially Gurkhetpal Bansal attended the said classes but later on, he himself absented from the said classes. The allegation regarding the complainant had taken coaching classes from outside and also paid for the classes, is false. The complainant had paid 1750 Australian Dollars in two drafts, is also false. The complainant had only paid 850 Australian Dollars vide draft Ex.C-3. The complainant have got prepared another draft dated 31.01.2009 Ex.C-2 but the same was never paid to AUPP Authorities. AUPP issued reminders to the complainant regarding balance fee of 850 Australian Dollars on 14.02.2009, 03.03.2009, 18.03.2009 and 25.05.2009 Ex.R-48 to Ex.R-51. The opposite parties too issued reminder Ex.R-43 to the complainant. The complainant has not produced any receipt showing the payment of this draft. Apart from fee receipts Ex.C-3 to Ex.C-5, the complainant has not made any payment. Ex.R-87 is the statement dated 31.05.2009 of fee due against the complainant. The complainant has not made any other payment so, he was not competent or eligible to continue studies. The Intimation letter of AUPP dated 16.09.2008 Ex.R-27 was issued to the complainant in which, the AUPP enrollment No.H081965 was issued. This is corroborated by International Studies Application Form filled by the complainant himself on 14.11.2008 Ex.R-35. The complainant started attending the classes of BHM course which is very much clear from attendance sheets Ex.R-29 to Ex.R-32. Sandeep Singh has filed affidavit Ex.C-11 in support of the complainant, he had also taken admission in BHM course and applied for refund of documents citing personal problems. An application Ex.R-71 visa fee refund, cheque Ex.R-75 was received by him in writing i.e. Ex.R-72. All original documents were received back by him vide Ex.R-73 and Sandeep Singh Brar gave undertaking that he has no claim whatsoever against AUPP i.e. the opposite party No.1 vide writing Ex.R-74. 10. The opposite parties have further pleaded that a letter Ex.C-13 is manipulated and fabricated document. The complainant himself has failed to complete his studies. The Assignment work submitted by the students had been rejected by AUPP authorities who had issued competencies Ex.R-53 to Ex.R-64 to be completed by the students. The complainant did not do the needful. He also did not pay the visa fees and did not submit the necessary document to get the visa and travel papers in order to study abroad. So much so due to his negligence/indifference, he failed to pass the second semester, due to which he was declared failed. When the complainant has failed in his studies in India, there is not question of his studying abroad under AUPP Program. The complainant rendered himself ineligible by his own default in multifarious manner that :- By not attending the classes. By not completing the competency work/assignment issued to him. By not competing requisite visa/travel documents. By not paying 2nd installment of 850 Australian Dollars to AUPP and not paying balance fees to opposite party No.1. By not completing the 2nd semester studies with opposite party No.1 in India, on successful completion of which alone, he could pursue his studies abroad.
11. The complainant has placed on file Ex.C-2 and Ex.C-3 each of 850 Australian Dollars; Ex.C-4 is the receipt for Rs.29,000/- and Ex.C-5 is the receipt for Rs.11,200/-. On receipt Ex.C-4, it has been particularly mentioned that the student has deposited Rs.40,000/-. The complainant has levelled various allegations on the opposite parties but he has failed to prove his allegations as he has not produced any documentary evidence. The complainant has to sought degree in Hotel Management but the opposite parties offered him a diploma in Cookery. The complainant initially had taken admission with the opposite parties in BBA part-I course by paying Rs.11,200/- vide Ex.C-5. Thereafter, he applied for BBA (foreign studies) by filling admission Form Ex.R-26, vide admission No.876 and deposited amount of Rs.29,000/- vide receipt No.754 dated 07.08.2008 Ex.C-4. Later on, the complainant opted for BHM course under AUPP Program. The said course was voluntarily taken by the complainant for that he has deposited the first installment of 850 Australian Dollars to AUPP vide demand draft dated 21.08.2008 Ex.C-3. The admission of the complainant under AUPP Program for BHM course was confirmed to him vide mail massage Ex.R-27. The complainant attended the first term classes of the said course as per attendance sheets Ex.R-29 to Ex.R-32. The complainant filled International Study Application Form for the year 2009-2010 issued by ATMC (Australian Technical Management Course), affiliated to University of Ballarat, Australia for doing BHM Course Ex.R-35. A Offer letter was issued by ATMC to the complainant Ex.R-37. Result of the complainant for the first semester in BHM course is Ex.R-38. 12. All these documents are sufficient to prove that the complainant had opted for BHM course voluntarily. He was never offered to undergo the diploma in Cookery. To prove his allegations, the complainant has placed nothing on file. The opposite parties nowhere assured the complainant that he would be granted 6 years Australian visa and 100% job guarantee. The opposite parties had only informed prospective conditions that during course of study (abroad) of 2 years duration, the opposite parties would assist in study visa and that too satisfaction of various formalities prescribed by the Australian Government. There was no assurance or allurement of grant of 6 years Australian visa. No such promise with regard to 100% job guarantee was made with the complainant in Ex.R-11, The Tribune, reporting dated 11.04.2008, it is mentioned that during course of study, the students would be given work permit and after completion of studies, 18 months temporary residence to enable them to work and repay the loan. Taking of job was subject to choice and availability option of the studies. The opposite parties would only help in obtaining the work permit. With regard to the allegation that the opposite parties have failed to provide free IELTS coaching, is also not tenable and the complainant has to take the coaching from outside after paying the amount for that. The opposite parties have duly offered free IELTS coaching classes. These commenced from 01.08.2008 and a copy of attendance record for the period August 2008 to February 2009 is Ex.R-33 is placed on file. The complainant attended the said classes but later on, he himself had absented from the said classes. The contention of the complainant that he had to take IELTS coaching from outside, is not proved by the complainant with any supporting document. The complainant has alleged that he has paid 1700 Australian Dollars vide two drafts whereas the opposite parties had received only 850 Australian Dollars vide draft Ex.C-3. The other draft Ex.C-2 was never received by the AUPP authorities rather AUPP issued reminders to the complainant regarding balance fee of 850 Australian Dollars on 14.02.2009, 03.03.2009, 18.03.2009 and 25.05.2009 Ex.R-48 to Ex.R-51. The opposite parties also issued a reminder Ex.R-43 to the complainant. 13. An another allegation of the complainant that no proof of admission was ever given to the complainant is also falsified by the Intimation letter of AUPP dated 16.09.2008 Ex.R-27. The enrollment No.H081965 was issued by the AUPP. The complainant has himself applied for BHM course. One affidavit of Mr. Sandeep Singh Ex.C-11 has been placed on file by the complainant to prove his version. Sandeep Singh has taken admission in BHM course but later on, applied for refund of documents and refund of fee and his fee was refunded. All the original documents received by him vide Ex.R-73 and he has given undertaking that no claim against the opposite party No.1/AUPP is pending. A letter Ex.R-13 which is signed by various persons. These signatories are guardians/wards of other signatories. Signatory No.2 is father of signatory No.20, Signatory No.6 is father of signatory No.18, signatory No.11 is husband of signatory No.15, signatory No.8 is father of signatory No.13. Originally Beant Singh signatory No.13 had joined the course but subsequently withdrawn and in his place his brother Satwant Singh was accommodated and fee adjustment was done later on, Satwant Singh also withdrew from the course after filing an application. Signatory No.9 is father of signatory No.19.The complainant himself did not complete his studies and remain absent from second semester which is very much clear from attendance sheet. The complainant was not sincere towards his studies and also delayed submission of some necessary documents required for processing of visa formalities. The reminder was issued to the complainant on 20.12.2008. When the default continued, another reminder was issued to the complainant on 21.02.2009. He absented himself from IELTS coaching also which is proved from a perusal of Attendance Register Ex.R-33. An assignment work submitted by the complainant had been rejected by AUPP authorities who had issued competencies Ex.R-53 to Ex.R-64 to be completed by the complainant as copied work. The complainant did not pay the balance fees due, visa fees and submitted travel papers. The complainant has also failed to pass the second semester due to which he was declared fail. 14. Therefore, in the light of above discussion, this Forum concludes that there is no deficiency in service on the part of the opposite parties. Hence, this complaint is dismissed without any order as to cost. 15. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '
Pronounced 13.06.2011 (Vikramjit Kaur Soni) President
(Amarjeet Paul) Member |
