Tamil Nadu

North Chennai

325/09

S.N.Balaji, - Complainant(s)

Versus

Capt. V.J.Pushphakumar,The Director,Indian Institute of Logistics, - Opp.Party(s)

Ratio Legis

31 Mar 2017

ORDER

 

                                                            Complaint presented on:  16.07.2009

                                                                Order pronounced on:  31.03.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

FRIDAY THE 31^st DAY OF MARCH 2017

 

C.C.NO.325/2009

 

 

 

S.N.Balaji,

No 14 (Old No.12),

65^th Street,

12^th Avenue, Ashok Nagar,

Chennai – 600 083.

                                                                                    ….. Complainant

 

..Vs..

 

1.Capt.V.J.Phuspakumar,

The Director, Indian Institute of Logistics,

2^nd Floor, No.6, Esplanade,

Chennai.

 

2.Dr.Ishari K.Ganesh,

Chancellor, Vels University,

Velan Nagar,

P.V.Vaithiyalingam Road,

Pallavaram, Chennai – 600 117.

 

.....Opposite Parties

Date of complaint                                 : 29.07.2009

Counsel for Complainant                      : Ratio Legis

Counsel for 1^st Opposite Party                 : Mr.D.Prabhu Mukunth Arun Kumar

 

Counsel for 2^nd Opposite Party                      : Ex - parte

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to refund the fees paid by him and also compensation for mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant joined 1^st Opposite Party’s Institute for a MBA degree course in the subject “Logistics and Shipping ‘based on website information that in the matters of training and imparting education his Institute was accredited by “Mangalyatan University’. The Complainant immediately on joining the said course that extended for a period of 18 months encompassing 12 months study +3 months internship + months project work, in May 2008. In the Month of July 2008 the 1^st Opposite Party informed all the students that they would receive their degree from Vels University. The chancellor of the Mangalyatan University who in turn advised the Complainant that the Indian Institute of Logistics private Limited, Chennai has no accreditation by Mangalatan University. The Complainant was also informed that Mr.S.N.Kulkarni was the first vice chancellor but he was no more with the University with effect from June 2008. The Complainant was advised that the Indian Institute of Logistics Private Limited was never permitted to conduct examination and to issue mark sheets on behalf of the Mangalatan University. The Complainant was served with a Hall Ticket for a course – MBA – Tri-Semester-Batch IIB, not akin to that chosen by the Complainant. The Complainant had approached the Registrar, Vels University seeking clarification on the 1^st Opposite Party’s statement about registering complainant’s name with Vels University and particulars of the permission granted to the Institute owned by the 1^st Opposite Party to enable students like the Complainant to undertake their examination in Vels University. The 1^st Opposite Party has exhorted the Complainant to write the examinations or else to submit an official letter of discontinuation. He preferred a Complaint with the Commissioner of police, Chennai City in connection with the Unfair Trade Practice. Since Opposite Parties have failed to ensure quality education, the Complainant is liable to derive due compensation from the Opposite Parties. The Complainant has sent a notice dated 11.06.2009 to the Opposite Parties to refund all the fees paid for the course. Hence the complainant filed this complaint to refund the fees paid by him and also compensation for mental agony with cost of the proceedings.

2. THE 2^nd OPPOSITE PARTY SET EX – PARTE. WRITTEN VERSION  &  ADDITIONAL WRITTEN VERSION OF 1^st OPPOSITE PARTY IN BRIEFOF THE  OPPOSITE PARTY IN BRIEF:

          The Complainant joined MBA (Logistics & Shipping) course for the academic year 2008 – 2010 under the Vel’s University – Indian Institute of Logistics Academic Partnership program. The Complainant and his father has jointly signed the applications of Vel’s University for the MBA (Logistics& Shipping) course for the academic year 2008 – 2010 The Complainant joined MBA (Logistics & Shipping Course for the academic year 2008 – 2010 as explained supra under the Vel’s University – Indian Institute of Logistics Academic Partnership program and to which the Vel’s University application for admission was signed by both the father of the Complainant and the Complainant. After undergoing training with the 1^st Opposite Party institute for the 1^st semester has also filled in the Vel’s University Examination form for the first semester and the hall ticket No. 08303403 for the first semester released by the University. Under the placement assistance program the Complainant opted to go for an interview and he was also selected and an offer letter to join as sales executive in Star Shipping Services, Dubai, UAE, with a monthly package of 6500 UAE Dirham’s (In Rupees Approx) 1 lakhs). Since the Complainant was not attending class from 15.11.2008, it was sent through post. He has discontinued the course even after getting a placement through the 1^st Opposite Party Institutes Placement Assistance Program has come up with the present Complaint devoid of merits both on facts and law and additional document the Indian Institute of Logistics is a private limited company registered under the companies Act and therefore a distinct legal entity which can be sued and sue as per the provisions of the companies Act. The Complaint against one of the individual director in his individual capacity is not maintainable in law. The other averments are made in the Complaint are denied and prays to dismiss the Complaint with costs.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1

          The admitted facts are that the Complainant joined MBA Decree Course with the  1^st Opposite Party and he had also paid a sum of Rs.2,60,000/- towards fees for the said course and for receipt of said amount the 1^st Opposite Party issued Ex.A1 & Ex.A2 payment receipt to the Complainant and Ex.A3 is the admission letter issued by the 1^st Opposite Party to the Complainant and Ex.B1 is the certificate of incorporation issued to the 1^st Opposite Party under companies Act and  Ex.B2 application of the Complainant submitted to the 2^nd Opposite Party.

          5. The Complainant contended that the 1^st Opposite Party informed through  their website that their institutions is accredited with  Mangalyatan University and the said University only impart education to the 1^st Opposite Party University and in the month of July 2008. The first Opposite Party informed the Complainant and other students they would receive their decree from Vels University (2^nd Opposite Party ) and the Hall Ticket issued only by the 2^nd Opposite Party and when he questioned the same he was exhorted by them with either he should write the examination for the hall ticket issued to him or he should submit discontinuation to the 1^st Opposite Party and such a practice of the 1^st Opposite Party is unfair trade practice and thereby committed Deficiency in Service.

          6. The Opposite Party replied that they never said that they impart education through Mangalyatan University and the Complainant himself was offered placement under Ex.B5 letter only after interviewed him and as such they have impart education in a better manner only establishes that the Complainant got placement and it is the Complainant who is discontinued his studies and therefore he is not entitled for refund of the fees and other claims made in the Complaint.

          7. The Complainant alleged  deficiency against the Opposite Party is that the 1^st Opposite Party offered his course through the accredited Mangalyatan University  and such University only confer decrees and on the other hand the 1^st Opposite Party directed the Complainant to take exam under the 2^nd Opposite Party University and  decree will be conferred by them.

          8. The Complainant based  on website information which he came to know that the 1^st Opposite Party imparting education through the Mangalyatan University and to prove the same no document filed by the Complainant about the website information that institute was accredited with the Mangalyatan University. In May 2008 the Complainant joined with the 1^st Opposite Party in the month of July 2008 itself, the 1^st Opposite Party informed all the students that they would receive their degree from the 2^nd Opposite Party. The Complainant was also issued with Ex.A5 hall ticket to undergo his examinations. Ex.B5 offer letter dated 04.11.2008 for the placement of the Complainant issued to him. Unless the Complainant participated in the placement selection, he would not have been selected for the same. This proves that the Complainant under gone  placement selection with the 1^st Opposite Party and he has been selected for placement shows that  there was no deficiency committed on the part of the 1^st Opposite Party.

          9. The 1^st Opposite Party argued that the education is not a commodity and there cannot be a question of deficiency on his part and in support of his contention he relied on an order of the Supreme Court India in special leave to appeal Civil No.(S).22532/2012 dated 09.08.2012. The above order of the Hon’ble Supreme Court of India supports the case of the 1^st Opposite Party. Further even on facts there was no deficiency on the part of the 1st Opposite Party as discussed above. There were no allegations of deficiencies against the 2^nd Opposite Party in the Complaint. Therefore for the forgoing discussions we hold that the Opposite Parties have not committed any Deficiency in Service.

 

 

 

10. POINT NO:2

          Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 31^st day of March 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 30.04.2008                   Payment Acknowledgement

Ex.A2 dated 16.05.2008                   Payment Acknowledgement

Ex.A3 dated 02.05.2008                   Admission Letter

Ex.A4 dated NIL                     Representation

Ex.A5 dated NIL                     Hall Ticket

Ex.A6 dated 22.01.2009                   Representation

Ex.A7 dated 27.03.2009                   Representation

Ex.A8 dated 30.04.2009                   Reply by Mangalyatan

Ex.A9 dated 11.05.2009                   Complaint to police

Ex.A10 dated 11.06.2009                 Legal Notice

Ex.A11 dated 29.06.2009                 Reply Notice

Ex.A12 dated 03.07.2009                 F.4-6/2008 (CPP-1)

Ex.A13 dated NIL                             Documents

 

LIST OF DOCUMENTS FILED BY THE 1^st OPPOSITE PARTY :

 

Ex.B1 dated 23.10.2007                   Certificate of incorporation of the company

 

Ex.B2 dated 30.10.2008                   Application of the Complainant

 

Ex.B3 dated 20.01.2009                   Certificate from Vels University

 

Ex.B4 dated NIL                     Examination Application filled by the

                                                    Complainant

 

Ex.B5 dated 04.11.2008                   Offer letter of placement to the Complainant

 

Ex.B6 dated NIL                     Letters of correspondence

 

Ex.B7 dated NIL                     Statement of Marks & Provisional Certificate

 

Ex.B8 dated  Nov 2010           Degree certificate of P.Ramu, MBA logistics and

                                                    shipping management

 

 

                                     

MEMBER – II                                                               PRESIDENT