Order-24.

Date-06/11/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he completed the course for Bachelor in Physiotherapy (BPT) for the academic session July 2012-13 from the Calcutta Bio-Chemic Medical College (CBMC), 32, Surya Sen Street, Kolkata – 700 009 and for that purpose complainant paid a total amount of Rs.9,170/- as course fee for BPT year 2012-13 by instalment and on completion of the course, the results for BPT 2012-13 was declared by the Calcutta Bio-Chemic Medical College Council on the last week of October, 2013 but unfortunately due to some unknown reasons, complainant was unable to know about his results since then and in respect several requests were made to the Principal of CBMC but he refused to issue any result in his favour and on the other hand he informed the complainant that complainant failed in few subjects but whenever complainant asked to review his papers he refused to do so.  Due to such sort of activities and ill-treatment by the principal complainant suffered much.  Principal also refused to accept any written complaint regarding the issue and insisted him on taking re-admission for the course of sports Medicine for the next year in order to get the results for BPT, 2012-13 along with certificates.  Presently complainant is passing through extreme financial crisis and therefore, unable to carry out any further educational expenses.  On the other hand without the BPT certificates He is unable to apply for any government or private jobs regarding the respective trade of Physiotherapy.  As a result of which complainant is facing much inconvenience and passing through extreme difficulty and in the above circumstances, complainant due to negligent, deficient manner of service on the part of the OP and for harassing the complainant in such a manner complainant has filed this compliant praying for refund of the entire amount and for redressal.

          On the other hand, OP by filing written statement has submitted that since 1984 OP College engaged in its active part in providing bio-chemic and para-medical professional courses to the society and during such long passage of time, from its inception to till date, it has not only gained unblemished popularity among the students in general but also it has been engaged in making successful careers through out the said long span of time and in the mean time and since inception it has been producing thousands of successful professionals, who are working throughout the country, in their respective fields successfully.

          It is further submitted that complainant was no doubt admitted in the college but attended the Class of Bachelor of Physiotherapy (BPT) in the academic session of 2012-2013 and in that examination of the year 2013 it has come to their knowledge that the complainant miserably failed in that examination and for which a general notice was published in the notice board of the said medical college to the unsuccessful candidates who has not been secured the pass marks in all relevant subjects to re-appear in the examination but in spite of such general notice the complainant did not take any steps and did not re-appear in the examinations in which he has unable to pass and the complainant has not even contacted the college authority but complainant with mala fide motive to get pass certificate of Bachelor of Physiotherapy without passing in all relevant subjects, all on a sudden filed this complaint falsely and all other allegations are false and fabricated for which the present complaint should be dismissed and further the complainant is not the consumer under the OP as there is no relationship between them as consumer and service provider.

Decision with Reasons

After careful consideration of the complaint and written version and further considering the entire materials and documents and also the written version of the OP it is admitted position that the complainant was admitted to the OP’s Medical College for continuing Bachelor of Physiotherapy and that course was completed but OP has tried to convince that the complainant did not pass the examination of 2012-2013 for which he did not get any certificate from the OP but it is specifically mentioned that this OP Institution issues certificate for Bachelor of Physiotherapy after completing the course but in this regard complainant submitted specifically after completion of course they came to learn the entire certificate is not valid in view of the fact as per West Bengal University of Health and Science Bachelor of Physiotherapy is an academic career of 4 years and 3 months internship and if any college wants to provide such course to the student in that case that college must have to follow regulations of the West Bengal University of Health and Science but it is admitted by the OP that their institution is not affiliated by any University to impart any education of Bachelor of Physiotherapy and they have their no affiliation but they are granting such professional certificate on the ground that they have their legal power as per order of the Hon’ble High Court but in this regard OP has failed to produce any document to show that affiliation was given by West Bengal University of Health and Science which is mandatory to take the Bachelor of Physiotherapy course so, the entire course as imparted by the OP to student is completely illegal and it has no legal validity in any case and from the information obtained from the internet website as of UBUHS and also the Syllab us for the BPT course it  was found that OP has no affiliation of WBUHS or no course is provided by the OP as per authentication of UGC or the University and fact remains 4 years syllabus is also not provided to the student as an affiliated college under the West Bengal University of Health and Science.  So, the entire course as provided on receipt of money is completely illegal, uncalled for and in reality OP has no legal authority to impart any education of Bachelor of Physiotherapy to any student within such period and if any examination is taken by the OP that is also illegal and on the basis of that result practically no student can claim any qualification of BPT anywhere as it has no legal validity.  The Ld. Lawyer for the complainant submitted that admittedly the present OP institution is not affiliated and not recognized college but they are admitting students for Bachelor of Physiotherapy course by giving misleading advertisement which means to deficiency in service and also unfair trade practice and truth is that under any circumstances, Hon’ble High Court cannot recognize such a college but it is falsely recorded in their mark-sheet that Legality and Validity by Hon’ble Calcutta High Court but what type of legal validity is there that is not disclosed and copy of order of High Court order is not also filed but anyhow we are very much confirmed that the present institution is running the BPT course illegally giving false and misleading advertisement and present OP is not affiliated and not recognized to impart Bachelor of Physiotherapy course and it is no doubt unfair trade practice.  Moreover, Ld. Lawyer for the OP submitted that the institution is affiliated by the Hon’ble High Court.  But legally we cannot rely upon such submission because admission in any course must be affiliated course of UGC and University until and unless it is affiliated by any University of UGC no institution is valid in the eye of law OP’s Ld. Lawyer submitted that the said course is neither affiliated by any University nor recognized by Medical Council of India not recognized by UGC but even then their advertisement for admission to Bachelor of Physiotherapy course is completely against the rule of law and such sort of advertisement is nothing but unfair trade practice by adopting misrepresentation.

          Moreover, considering the documents produced by the OP it appears that general impression of the student would be that the college is affiliated by the University of Health and Science or UGC or Medical Council but the college is not affiliated or recognized.  So, there is no scope on the part of the OP to admit the student wasting their valuable years but peculiar factor is that OP have been admitting the student since 1984 on the representation that the college is recognized for imparting such courses.  But it can safely be said that without affiliation to the University or UGC or Medical Council so called degree is just a useless paper and representation given by the OP was completely misleading and false and by adopting that way OP has been deceiving the students and moreover it is a total case of misrepresentation on behalf of the OP institution which tantamounts to unfair trade practice.  No doubt complainant was admitted to BPT Course for receiving decree for consideration from the OP’s college which is neither affiliated nor recognized for imparting such Courses and this clearly falls within the purview of deficiency of Consumer Protection Act accordingly and in the present case considering the materials we are confirmed that there is deficiency on the part of the OP institution so no doubt the complainant is entitled to get such relief as prayed for and in our considered view and on consideration of the totality of the facts and circumstances of the case and for the interest of justice we can pass such order in view of the fact the OP has adopted unfair trade practice and also adopted false representation for admission in recognized institution.

          In the light of the above observation and findings this complaint succeeds for adopting unfair trade practice for deceiving the complainant by false representation about the genunity of the course though it has no legal validity and at the same time the complainant has been deceived by the OP for which OP is legally bound to pay the entire compensation and also to refund the entire amount when OP has damaged the career of the student and for which the OP institution is directed to pay compensation, cost, refund of money etc. within one month from the date of this order.

          In fact coming to this conclusion we have relied upon ruling reported in 2009 AIR SCW 2139 passed by Hon’ble Dalbir  Bhandari and Harjit Singh Bedi in Civil Appeal No.1135 of 2001 dated 13-02-2009.

Hence,

Ordered

That the case be and the same is allowed on contest against OP with a cost of Rs.10,000/-.

          OP is directed to pay and refund the entire amount of Rs.9,170/- the fees amount and also a compensation of Rs.25,000/- for adopting unfair trade practice for deceiving the student for imparting illegal and unauthorized course and also for causing loss of academic year without any fault of the complainant and further for causing mental pain and agony to the complainant.

          For adopting unfair trade practice and for deceiving the student in such a manner by giving false representation and deceiving the complainant OP shall have to pay a penal damages of Rs.5,000/- and it is imposed to check such sort of activities on the part of the OP and whatever the OP may not anyway such conduct course without affiliation of UGC, Medical Council and said amount shall be deposited to this Forum by the OP.

          OP is directed to comply the order within one month from the date of this order to satisfy the decree positively failing which for non-compliance of the forum’s order and for disobeyance of the Forum’s order the penal interest  at the rate ofRs.200/- shall be assessed till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.