DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

          Complaint Case No.: 165 of 2009

 Date of Inst:  30.01.2009

                        Date of Decision:13.04.2010

Vinay Kumar s/o Sh.Chuni Lal r/o Village Kunna Post Office Boni, Tehsil Nadaun, Distt. Hamirpur (H.P.)

                                  ---Complainant

V E R S U S

1.   Chandigarh Institute of Para Medical Science, SCO No.82, Sector 38-C, Chandigarh through its Administrator.

2.   Des Raj Rana, Principal, Chandigarh Institute of Para Medical Science, SCO No.82, Sector 38-C, Chandigarh  r/o House No.330, Maloya, Chandigarh UT, presently confined in Burail Jail.

3.   Ajay Rana s/o Des Raj Rana r/o  House No.330, Maloya, Chandigarh, U.T.

---Opposite Parties

QUORUM        SHRI LAKSHMAN SHARMA         PRESIDENT

              SHRI ASHOK RAJ BHANDARI      MEMBER

              SMT.MADHU MUTNEJA            MEMBER

PRESENT:      Sh.Neeraj Sharma, Adv. for complainant

Sh.P.C.Rana, Adv. for OPs.

PER LAKSHMAN SHARMA, PRESIDENT

          By this order, we are disposing of the following five consumer complaints including the present one as common questions of law and fact are involved in all these cases:-

2.        For the purpose of disposal of these complaints, the facts are gathered from C.C.No.165/2009-Vinay Kumar Versus Chandigarh Institute of Paramedical Science  and others

3.        Sh.Vinay Kumar has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to:-

i)              To refund a sum of Rs.1,36,500/- spent by him for undergoing diploma course in  Medical Laboratory Technology at Chandigarh Institute of Paramedical Science (OP-1) being run by OPs No.2 and 3.

ii)         To pay a sum of Rs.2,00,000/- as compensation for mental agony and harassment.

iii)    To pay a sum of Rs.10,000/- as litigation expenses.

4.        In brief, the case of the complainant is that being allured by the advertisements published in the newspapers as well as by the assurances given by OPs No.2 and 3, the complainant took admission in 2 years diploma course of Medical Laboratory Technology  in the year 2006. According to the complainant, it was represented by OPs No.2 and 3 that the said institute is affiliated with Vinayak Mission’s Research Foundation which is a Deemed University and is running a number of courses. The complainant paid a sum of Rs.6500/- as admission fee. The students were assured repeatedly that they will not face any problem with regard to examinations and diploma certificates will be issued to them in time. The complainant paid Rs.1250/- per month towards fee of the said course. In the month of December, the complainant was asked to appear in the first semester examination and to pay examination fee of Rs.8500/-. The complainant paid the said amount and appeared in the exam. However, neither the result was declared nor the certificate was issued to him. So the complainant and other students protested. Ultimately, the complainant was handed over a detailed marks certificate issued by one J.R.N.Rajasthan Vidya Peeth University. The complainant was told that the said university is also affiliated with Vinayak Mission’s Research Foundation. However, according to the complainants, OPS did not satisfy him. So he made enquiries and came to know that the certificate issued to him was fake. So he lodged an F.I.R. (No.216 dated 09.04.2008 under sections 420,467, 468, 471, 120-B, IPC) in Police Station Sector 39, Chandigarh against OPs No.2 and 3.

          The case of complainant is that neither OP-1-Insitute is affiliated with Vinayak Mission’s Research Foundation nor is it affiliated with any other university. OPs No.2 and 3 are running the said institute without affiliation with any university and are thereby cheating the students. According to the complainant, OPs took a sum of Rs.21,250/-  as fee from him @ 1250/- per month from August, 2006 to December, 2007.  He spent a sum of Rs.30000/- for purchasing the books & stationary and Rs.70000/- for lodging and boarding at Chandigarh. Thus, the complainant spent a total sum of Rs.1,36,500/- because of false representations made by OPs regarding the courses run by them. In these circumstances, according to the complainant, it is deficiency in service and unfair trade practice on the part of OPs.

          So, the present complaint was filed seeking the reliefs mentioned above.

5.        In the reply filed by OPs No.1 and 2,  it has been admitted that OP-2 is running Chandigarh Institute of Paramedical Science (OP-1) and the said institute is affiliated with Vinayak Mission’s Research Foundation. It has been pleaded that the record of the institution pertaining to the affairs of the institute has been taken into custody by police authorities in criminal case and OPs 1 and 2 reserve their right to rebut the pleadings of the complainant on receipt of the record. It has further been pleaded that OP-3 has nothing to do with the affairs of OP-1.  OP-3 is simply a matriculate and was minor when the institute was started.  It has been pleaded that OP-3 has unnecessarily been dragged in this case. According to OPs No.1 and 2, there is no deficiency in service on their part and the complaint deserves dismissal.

6.        In a separate written statement by OP-3, it has been pleaded that he has no concern with Chandigarh Institute of Para Medical Science (OP-1). He was a matriculate in 2002 when the institute was started by OP-2. it has been averred that neither OP-3 is a teacher in the said institute nor is connected with it in any way. All the allegations to the effect that OP-3 is a teacher in the said institute have been denied. It has also been averred that OP-3 is in no way connected with the management of said institute,  therefore, the complaint qua him is absolutely false and deserves dismissal.

7.        We have heard the learned counsel for the parties and have gone through the entire record including documents, annexures, affidavits etc. 

8.        It is admitted case that OP-2 is running Chandigarh Institute of Paramedical Science (OP-1) and is providing variety of courses including the course of diploma in Medical Laboratory Technology. The case of OP-2 is that the said institute is affiliated with Vinayak Mission’s Research Foundation. However no document has been placed on record to prove the affiliation of this institute with Vinayak Mission’s Research Foundation. So it is not proved that the said institute is affiliated with Vinayak Mission’s Research Foundation.

          The complainant has specifically alleged that he spent a sum of Rs.1,36,500/- for undergoing the said course. It has also been pleaded that he appeared in the examinations. But neither the result was declared nor any certificate was issued. Ultimately, the students protested and then fake certificate was given to him. The above said pleadings have been supported by the deposition made in the affidavit filed by the complainant. The complainant has further deposed that he got lodged F.I.R. No.216 dated 09.04.2008 under sections 420,467, 468, 471, 120-B, IPC in Police Station, Sector 39, Chandigarh against OPs No.2 and 3.

9.        Copy of the order 09.10.09 passed by the Judicial Magistrate 1^st Class, Chandigarh has been placed on record. From the perusal of the same, it is apparent that OP-2 was charged for having committed offences punishable under sections 420, 467, 468, 471 IPC.  He pleaded guilty to the said charges. He was convicted for having committed offences punishable under sections 420, 467, 468, 471 IPC and was also sentenced.  Thus, the allegations levelled against OP No.2 stands proved from the confession made by OP NO.2 himself before the Competent Court. Thus, it has been duly proved that OP-2 issued false and forged certificates to the complainant and other students in token of having passed the first semester in diploma in Medical Laboratory Technology.

          The complainant has deposed categorically that OP-3 had also given assurance to the complainant regarding genuineness of the courses. So the bald and self serving deposition of OP-3 cannot be accepted. So there is unfair trade practice on the part of OP-3 also.

10.       The allegations regarding taking admission in Medical Laboratory Technology, payment of fees and spending of amount of Rs.1,36,500/- for undergoing the said course have not been specifically denied. OPs averred that the said facts cannot be specifically denied or admitted as the record is with the police. As there is no specific denial of the facts regarding the amount spent on the course. The above said facts shall be deemed to have been admitted. In these circumstances, from the material on record, it is proved that the complainant spent a sum of Rs.1,36,500/- for undergoing the Medical Laboratory Technology course.  So the complainant is entitled to the refund of the said amount of Rs.1,36,500/- spent by him.

          The complainant has also lost two precious years of his life at a young age for undergoing the said course and therefore, the complainant is also entitled to compensation to the tune of Rs.1 lacs for losing two precious years of life, mental agony and harassment besides Rs.5000/- as costs of litigation.

C.C.No.166/2009-Reeta Kumari Versus Chandigarh Institute of Paramedical Science  and others

11.           In this case, the complainant took admission in the 1-1/2  years course of Multi Purpose Health Worker by depositing Rs.6500/- as admission fee and Rs.250/- as prospectus charges. The complainant further paid a sum of Rs.8500/- as examination fee. According to the complainant, OPs took a sum of Rs.21,250/-  as fee from her @ 1250/- per month from August, 2006 to December, 2007.  Besides this, she spent a sum of Rs.30,000/- for purchasing the books & stationary and Rs.70,000/- for lodging and boarding at Chandigarh. Thus, the complainant spent a total sum of Rs.1,36,500/- because of false representations made by OPs regarding the courses run by them. Similar other allegations have been made against the OPs as have been made in C.C.No.165/2009.

C.C.No.167/2009-Abhimanyu Kanwar Versus Chandigarh Institute of Paramedical Science  and others

12.           In this case, the complainant took admission in the courses of Ayurvedic Pharmacy of 2 years and Community Medical Service and Essential Drugs course of 1-1/2 years by depositing Rs.6500/- each as admission fee and Rs.250/- each as prospectus charges respectively. The complainant further paid a sum of Rs.8500/- and Rs.3500/- as examination fee respectively. According to the complainant, OPs took a sum of Rs.21,250/-  each as fee from him @ 1250/- per month from August, 2006 to December, 2007 for the aforesaid two courses.  Besides this, he spent a sum of Rs.40,000/- for purchasing the books & stationary and Rs.70,000/- for lodging and boarding at Chandigarh. Thus, the complainant spent a total sum of Rs.1,78,000/- because of false representations made by OPs regarding the courses run by them. Similar other allegations have been made against the OPs as have been made in C.C.No.165/2009.

C.C.No.168/2009-Arun Kumar Versus Chandigarh Institute of Paramedical Science  and others

13.           In this case, the complainant took admission in the 2 years course of Ayurvedic Pharmacy by depositing Rs.6500/- as admission fee and Rs.250/- as prospectus charges. The complainant further paid a sum of Rs.8500/- as examination fee. According to the complainant, OPs took a sum of Rs.21,250/-  as fee from him @ 1250/- per month from August, 2006 to December, 2007.  Besides this, he spent a sum of Rs.30,000/- for purchasing the books & stationary and Rs.70,000/- for lodging and boarding at Chandigarh. Thus, the complainant spent a total sum of Rs.1,36,500/- because of false representations made by OPs regarding the courses run by them. Similar other allegations have been made against the OPs as have been made in C.C.No.165/2009.

C.C.No.169/2009-Ajay Kumar Versus Chandigarh Institute of Paramedical Science  and others

14.           In this case, the complainant took admission in the 2 years course of Ayurvedic Pharmacy by depositing Rs.6500/- as admission fee and Rs.250/- as prospectus charges. The complainant further paid a sum of Rs.8500/- as examination fee. According to the complainant, OPs took a sum of Rs.21,250/-  as fee from him @ 1250/- per month from August, 2006 to December, 2007.  Besides this, he spent a sum of Rs.30,000/- for purchasing the books & stationary and Rs.70,000/- for lodging and boarding at Chandigarh. Thus, the complainant spent a total sum of Rs.1,36,500/- because of false representations made by OPs regarding the courses run by them. Similar other allegations have been made against the OPs as have been made in C.C.No.165/2009.

In C.C.No.165 of 2009, C.C.No.166 of 2009, C.C.No.168 of 2009 and C.C.No.169 of 2009.

15.       In view of the above findings, all these complaints are allowed with a direction to OPs to refund a sum of Rs.1,36,500/- to the respective complainants along with Rs.1,00,000/- as compensation for losing two precious years of life, mental agony and harassment. OPs are also directed to pay a sum of Rs.5000/- as cost of litigation to each of the complainants in the above said cases.

In C.C.No.167 of 2009

16        In view of the above findings, this complaint is also allowed with a direction to OPs to refund a sum of Rs.1,78,000/- to the complainant  along with Rs.1,00,000/- as compensation for losing two precious years of life, mental agony and harassment. OPs are also directed to pay to the complainant a sum of Rs.5,000/- as costs of litigation.

17.       In all these cases, the order be complied with by the OPs jointly and severally within 45 days from the date of receipt of its certified copy, failing which the OPs shall be liable to refund the aforesaid respective total amount to the complainants along with penal interest @ 18% p.a. from the date of filing of the respective complaints till its realization besides costs of litigation.

18.  Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

13.04.2010

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

cm

sd/-

(ASHOK RAJ BHANDARI)

MEMBER

Sd/-

(MADHU MUTNEJA)

MEMBER