IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 21st day of December, 2021
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 172/2019 (filed on 22/10/2019)
Petitioner : Jobin P. Jose,
S/o. P.U. Jose,
Palakudiyil House,
Chingavanam P.O.
Kottayam.
(Kuruvilla Thomas)
Vs.
Opposite parties : Branch Manager,
Amster Immigration Overseas
Pvt. Lt. Kurup Tower,
Kodimatha P.O.
Kottayam.
O R D E R
Smt. Bindhu R. Member
This case is filed under Section 12 of Consumer Protection Act, 1986.
The complainant being a diploma holder in General Nursing sought admission in 3 semester course of Bachelors in Health Service Management in U.S.A. through the opposite party, who is engaged in the service of arranging study visa to students intending to study abroad on 13-03-2019. As per the direction of the opposite party, the complainant paid Rs.5,000/- as registration fee to the opposite party on 20-03-2019. As per the instruction by the opposite party, the complainant submitted an application to Midstate College, Illunois, U.S.A, an institution under the American Medical Academy on 02-05-2019. The said application was accepted by the college authorities on 07-05-2019 and the confirmation was given by them on 30-05-2019. After that the complainant paid US $ 250 equallant Rs.18,800/- in AMA account towards visa fees on 26-06-2019. The complainant had to spend a lot of money to collect all the certificates and documents for availing an educational loan. All these were done by the instruction of the opposite party. Thereafter the complainant was intimated by the college authorities that the said college was closed permanently and informed their inability to provide admission to the complainant. Thereafter the complainant met the opposite party directly and requested to solve the problem but the opposite party was not willing either to solve the issue or indemnify the complainant for the loss of money. The opposite party was not willing to arrange a seat to the complainant in any other similar institution in USA. This act of the opposite party after receiving the service charge is a clear deficiency of service and liable to be compensated. Hence the complaint is filed before this Commission.
The opposite party appeared before the Commission, but did not file version and so set exparte.
The complainant filed proof affidavit and an additional affidavit through which documents Exbts.A1 to A7 are marked.
On perusal of evidence on record and pleadings, the points to be considered are whether there is any deficiency of service as alleged by the complainant on the part of the opposite party and if so, what is the quantum of compensation.
The complaint has been filed against the opposite party for compensation for the deficiency in service in getting admission to the complainant in appropriate University in U.S.A. by the opposite party after receiving registration fees. The complainant has produced Ext.A1 which is the letter sent by the opposite party to the complainant accepting Rs.5,000/- which is refundable after the visa approval. Ext.A2 to A6 are the documents proving the communication between the Midstate College affiliated with American Medical Academy. On perusal of these documents we find that the complainant had admitted to the said college on additional basis. But the complainant alleges that after all these communication process and payment of US$250 directly to the college; the said college informed him that the college had been closed permanently.
The complainant is a student who aspires to build his carrier in the nursing field and with this intention he applied to one of the college under the American Medical Academy. The complainant approached the opposite party as they being a reputed institution in the field of Migration and Study Abroad. On payment of registration fees of Rs.5,000/-, the opposite party assured the complainant that they would get admission to him in a reputed college in USA under the American Medical Academy. Believing their words and reputation, the complainant paid the amount and subsequently paid US$250 to American medical Academy. Thereafter the complainant received an intimation from the authorities of Midstate College, Illinois USA that the college is closed permanently.
Shocked by receiving this intimation, the complainant approached the opposite party for resolving the situation with a refund of money or arranging an admission in any other college in USA. But the opposite party was not at all amenable to any of the remedies requested by the complainant.
The complainant being a bonafide applicant to the projects of the opposite party is entitled to get proper and fruitful service from the opposite party. The opposite party should be more vigilant at the time of receiving the registration fee and offering admission fee in USA regarding the credibility and longevity of the educational institutions to which they offer admission to their customers. Here the complainant has not only lost his money which is paid as fees to the college, spent for availing education loan and registration fees to the opposite party., but he also had to suffer great mental agony about the loss of his future carrier. So we find that the complainant had to suffer all these hardships only because of the negligence of the opposite party in assuring the credibility of the colleges to which they offer admission to the students from India. So the opposite party is liable to compensate for the loss incurred by its customer due to the wrong advice given by them. Hence we allow the complaint.
O R D E R
- The opposite party is directed to refund Rs.5,000/- to the complainant .
- The opposite party is directed to pay Rs.18,800/- to the complainant being the fees paid by the complainant to the College in USA.
- The opposite party is directed to give Rs.18,030/- to the complainant towards the expense.
- The opposite party is directed to pay Rs.3,000/- as litigation cost.
The Order shall be complied within a period of 30 days from the date of receipt of Order.In defaults, all the amounts carry 9% interest from 22-10-2019 ie. the date of filing of the complaint till realization
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Commission on this the 21st day of December, 2021.
-
Sri. Manulal V.S. President Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked on the side of the complainant
A1 - Photocopy of letter dtd.20-03-2019
A2 - True copy of tax invoice dtd.26-06-19
A3 – Application form for Admission in midstate college
A4 – Conditional acceptance letter dtd.07-05-2019 by American Medical Academy
A5 – Copy of midstate college conditional admission letter dtd.10-05-19
A6 – Acceptance of terms, conditions and confirmation of the agreement
dtd.30-05-19.
A7 – Copy of e-mail dtd.19-06-2019.
Exhibits marked on the side of opposite party
Nil
By Order
Senior Superintendent
