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S.N.Balaji, filed a consumer case on 31 Mar 2017 against Capt. V.J.Pushphakumar,The Director,Indian Institute of Logistics, in the North Chennai Consumer Court. The case no is 325/09 and the judgment uploaded on 12 Apr 2017.
Complaint presented on: 16.07.2009
Order pronounced on: 31.03.2017
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
2nd 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 31st DAY OF MARCH 2017
C.C.NO.325/2009
S.N.Balaji,
No 14 (Old No.12),
65th Street,
12th Avenue, Ashok Nagar,
Chennai – 600 083.
….. Complainant
..Vs..
1.Capt.V.J.Phuspakumar,
The Director, Indian Institute of Logistics,
2nd 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 1st Opposite Party : Mr.D.Prabhu Mukunth Arun Kumar
Counsel for 2nd 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 1st 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 1st 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 1st Opposite Party’s statement about registering complainant’s name with Vels University and particulars of the permission granted to the Institute owned by the 1st Opposite Party to enable students like the Complainant to undertake their examination in Vels University. The 1st 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 2nd OPPOSITE PARTY SET EX – PARTE. WRITTEN VERSION & ADDITIONAL WRITTEN VERSION OF 1st 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 1st Opposite Party institute for the 1st 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 1st 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 1st 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 1st Opposite Party issued Ex.A1 & Ex.A2 payment receipt to the Complainant and Ex.A3 is the admission letter issued by the 1st Opposite Party to the Complainant and Ex.B1 is the certificate of incorporation issued to the 1st Opposite Party under companies Act and Ex.B2 application of the Complainant submitted to the 2nd Opposite Party.
5. The Complainant contended that the 1st Opposite Party informed through their website that their institutions is accredited with Mangalyatan University and the said University only impart education to the 1st 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 (2nd Opposite Party ) and the Hall Ticket issued only by the 2nd 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 1st Opposite Party and such a practice of the 1st 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 1st Opposite Party offered his course through the accredited Mangalyatan University and such University only confer decrees and on the other hand the 1st Opposite Party directed the Complainant to take exam under the 2nd Opposite Party University and decree will be conferred by them.
8. The Complainant based on website information which he came to know that the 1st 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 1st Opposite Party in the month of July 2008 itself, the 1st Opposite Party informed all the students that they would receive their degree from the 2nd 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 1st Opposite Party and he has been selected for placement shows that there was no deficiency committed on the part of the 1st Opposite Party.
9. The 1st 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 1st 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 2nd 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 31st 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 1st 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
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