Dated this the 29^th  day of June 2013

 

Present    : Smt.Seena H, President

Aswathy,

D/o.Murali,

Kurappath House,

Post Trithala,

Ottapalam Taluk,

Palakkad                                                     -        Complainant

(By Adv.P.C.Sivadas)

V/s

 

1.Chairman,

(By Adv.Arun K.V)

2.Principal,

(By Adv.Arun K.V)

 

3.P.Muhammed Ali,

(By Adv.Arun K.V)

 

4.Muhammed Hussain,

 Aspire College of Advanced Studies,

 Thayyil Veedu,

 Thekkan Kuttur (PO),

 Via Kalpakanchery,

 Malappuram                                                -   Opposite parties

(By Adv.Arun K.V)

          By Smt.PREETHA G NAIR, MEMBER

 

The complainant has joined in the Aspire International college of Advanced Studies and finishing school running by the opposite parties on BBA Course during the month of July 2011. It was published in the prospectus that the student will be educated in international standards and the student will be provided with international standard education. The prospectus which cost Rs.400/- contains details of the courses it conducts and it is mentioned that all the courses have affiliation with University. In the prospectus it is stated that Registered with University of Calicut. Believing the contents of the prospectus and on believing the words of opposite parties the complainant had joined in the school. Even though the prospectus do not contain anything about the management of the school. The opposite party made believed the complainant and father that they are the responsible persons for the management of the school. So believing their words, the complainant had joined in the school by paying Rs.37,000/- as first year fees. The opposite parties had demanded Rs.59,000/- as first year. It is  also informed that school is having Head office at Khathar and immediately after the course, there are campus recruitment to U.S., Europe and Arab countries. It is also informed that the faculties mentioned in the last page of the prospectus will be taken classes for the students.

But towards the end of the first year course, the opposite parties informed the students that they have to apply for the examination through MES college under distance education system of the Calicut University. At this time only the complainant and father realized the fact that there is no affiliation to the courses of the school. If the real facts were informed earlier, the complainant has not joined in the school for such courses. It is also came to know that the University is charging a maximum fees of Rs.13,000/- for a BBA course. More over there were no classes by the faculties as mentioned in the prospectus. There will not be any chance for getting affiliation from the University. So the complainant has decided to transfer to some other college which is having affiliation. Then the complainant demanded the T.C. from the opposite parties. But the opposite parties rejected the T.C. by stating that if they had given T.C. other students will also demand for the same and it will affect their reputation. They also convinced that during the academic year they will get the affiliation and after getting the affiliation to study from first year onwards. Moreover, if the complainant write exam on the basis of distance system, it is not possible to write exam on the basis of regular system next year. After the confirmation for the affiliation the opposite parties states that they have discontinued the distance education system and demanded all the students who have completed the first year to shift to regular system and start afresh from first year. The complainant received T.C. and abandoned the course.  In short all the students lost one valuable academic year. On enquiry it is came to know that the school was not registered even in the Trithala Grama Panchayath when she was joined. So the prospectus contains false statements only to mislead the students. The father of the complainant sent lawyer notice to opposite parties. But they had not sent any reply or pay the amount. The act of opposite parties amounts to deficiency in service. Hence the complainant prays an order directing the opposite parties to pay Rs.1,37,500/- as the fees along with compensation for deficiency in service.

Opposite parties filed version stating the following contentions. The opposite parties had no connection with the institution. Also the institution mentioned in the complaint was not working. The opposite parties had joined from the institution only on 2012. There was no Chairman in the opposite party’s institution. The complainant has stated the allegations against Aspire International College of Advanced Studies and finishing School. The allegations was not against Aspire College of International studies. The institution running by the opposite parties had connected international standard education. The opposite party’s institution had got affiliation. In the prospectus mentioned  that Registered was denied by the opposite parties.  All other allegations stated in the complaint are denied by the opposite parties. Also they had not received any lawyer notice. The opposite party’s institution is only a limited company and there was no post as Chairman. Hence the opposite parties prayed that dismiss the complaint with cost.

Complainant and opposite parties filed their affidavit. Ext.A1 to A10 marked on the side of the complainant. Ext.C1 & C2 also marked. Complainant and 3^rd opposite party examined as PW1 and DW1. Matter heard.

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

2.    If so, what is the relief and cost ?

 

It is an admitted fact that the opposite party’s institution is not having affiliation with Calicut University for conducting BBA course during the relevant period. Apart from the affidavit, there is absolutely no other evidence on the part of opposite parties to prove the same. The acts of opposite parties clearly comes under the definition of unfair trade practice. The definite case of the complainant is that believing the prospectus issued by the opposite parties, she joined the institution for BBA course. But towards the end of the first year course the opposite parties informed the students that they have to apply for the examination through MES College under distance education system of the Calicut University. At this time only the complainant realized the fact that there is no affiliation to the course of the school. Opposite parties submitted that they had no connection with Aspire International College of Advanced Studies and Finishing School. No documentary evidence produced by the opposite parties to show that they had no connection with the above finishing school. Ext.A8 is the paper publication shown the courses conducted by the opposite parties were not affiliated with University.

PW1 deposed that Aspire International College of Advanced Studies      affiliation      .  Aspire       . No contradictory evidence produced by the opposite parties.

Ext.A7 shows that the complainant had studying 1^st  year BBA in the academic year 2012-2013 in MES Women’s College.  Ext.A9 & A10 is the copy of FIR and charge sheet including the  opposite parties. The complainant had lost 1 year for studying due to the act of opposite parties. Ext.A6 is the prospectus given by the opposite parties clearly mentioned that “Registered with the University of Calicut”. But the complainant has not attended the examination conducted by the Calicut University as regular student. According to the complainant there were no classes by the faculties as mentioned in the prospectus. No evidence produced by the complainant to show that there were no classes by the faculties. But the opposite parties had not raised any objection regarding the classes. According to the complainant, the opposite parties had received Rs.37,000/- as first year fees. The act of opposite parties conducting  BBA course without affiliation is gross deficiency in service.

 

Unfair Trade Practice as defined under Section 2(1)(r). is as follows:

(r) unfair trade practice means a trade practice which for the purpose of

1) the practice of making any statement, whether orally or in writing or

 

 

(iv) represents that the goods or services have sponsorship, approval,

(v) represents that the seller or the supplier has a sponsorship or

The act of opposite parties clearly comes under the definition of unfair trade practice.

  The opposite parties had not produced evidence to show that they had no connection with the Aspire International College of Advanced Studies and Finishing School. Ext.C1 and C2 shown that the complainant has not attended the first year examination in 2012. At the time of cross examination the 3^rd opposite party deposed that he has joined on 01/06/2012. But the opposite parties had not produced evidence to show that the institution opened on 01/06/2012. At the time of cross examination of complainant deposed that Aspire College of Advanced Studies and Aspire International College of Advanced Studies & Finishing School are one and same. No contradictory evidence produced by the opposite parties. After the payment of fees, the complainant knew that the institution has not got affiliation. The complainant has lost one academic year on the fault of opposite parties and which has definitely resulted in a lot of mental agony to the complainant. Ext.A6 is clear evidence of the unfair trade practice adopted by the opposite parties.

The act of opposite parties amounts to deficiency in service and unfair trade practice. In the result complaint allowed. We direct the opposite parties jointly and severally liable to pay the complainant an amount of Rs.37,000/- (Rupees Thirty seven thousand only) as the refund of fees and Rs.50,000/-(Rupees Fifty thousand only) as compensation for unfair trade practice and deficiency in service and Rs.1,000/-(Rupees One thousand only) as cost of the proceedings.

 

Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order, till realization.           

Pronounced in the open court on this the 29^th  day of June 2013.    

    Sd/-

Seena H

President

Preetha G Nair

Member

Bhanumathi.A.K.

Member