DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

          Complaint Case No.: 1061 of 2008

 Date of Inst:08.09.2008

                        Date of Decision:13.04.2010

Anu Devi d/o Sh.Gurlzari Lal r/o H.No.HIG-848, Phase-II, Mohali.

                                  ---Complainant

V E R S U S

1.   Chandigarh Institute of Paramedical Science, SCO No.81-82, Sector 38-C, Chandigarh through its Principal Des Raj Rana.

2.   Des Raj Rana, Principal, Chandigarh Institute of Paramedical Science, SCO No.81-82, Sector 38-C, Chandigarh  (presently confined in Central Jail Burail in F.I.R. No.216 dated 09.04.08, P.S. Sector 39, Chandigarh) c/o Superintendent Jail, Burail Jail, Chandigarh.

3.   Ajay Rana s/o Des Raj Rana both 2 and 3 residents of Village Maloya, Chandigarh (presently confined in Central Jail Burail in F.I.R. No.216 dated 09.04.08, P.S. Sector 39, Chandigarh) c/o Superintendent Burail, Central Jail, Chandigarh.

---Opposite Parties

QUORUM       

              SHRI LAKSHMAN SHARMA         PRESIDENT

              SHRI ASHOK RAJ BHANDARI      MEMBER

              SMT.MADHU MUTNEJA            MEMBER

PRESENT:      Sh.Sandeep Chopra, Adv. for complainant

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

                        ---

PER LAKSHMAN SHARMA, PRESIDENT

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

2.        For the purpose of disposal of these complaints, the facts are gathered from C.C.No.1061/2008-Anu Devi Versus Chandigarh Institute of Paramedical Science  and others

3.        Ms.Anu Devi 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.1,12,600/- spent for undergoing diploma courses in  Medical Laboratory Technician and BMLT at Chandigarh Institute of Paramedical Science (OP-1) being run by OPs No.2 and 3.

ii)         To pay a sum of Rs.1,00,000/- as compensation for mental agony and harassment.

iii)    To pay a sum of Rs.2 lacs as compensation for wasting two precious years.

iv)         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, she took admission in one year diploma course of Medical Laboratory Technician in the year 2005. 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 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.

          According to the complainant, She deposited Rs.5000/- as admission fee for MLT course. The complainant further paid Rs.1250/- per month as tuition fee of the said course.  Besides this, she paid Rs.1000/- as internal exam fee and Rs.8500/- as examination fee to the OPs. She completed her diploma in 2006. She requested OPs for issuance of certificate but to no effect. OPs insisted that the complainant should take admission in degree course which is for 2 years duration. Ultimately, the complainant took admission in said course in the month of June, 2007 by paying Rs.1100/- as admission fee. The complainant further paid a sum of Rs.10000/- as examination fee.  She requested the OPs to issue her certificate of diploma course as well as the detailed mark sheet of 2^nd year course in BMLT. However, Ops insisted for payment of the fee and expenses of 3^rd year BMLT course. She was told that the certificate and DMC could be given to her only if she clears the dues of 3^rd year.

          It has further been pleaded that the complainant came to know from some other students that OPs had been running a fake institute and issuing fake certificates of diplomas and degree courses. The complainant was also told that F.I.R. (No.216 dated 09.04.2 008 under sections 420,467, 468, 471, 120-B, IPC) in Police Station Sector 39, Chandigarh had already been lodged 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, she spent a total sum of Rs.1,12,600/- 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, 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 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 a matriculate and was minor when the institute was started.  It has been pleaded that OP-3 has unnecessarily been dragged into this case. All other averments of the complainant have been vehemently denied. According to OPs, there is no deficiency in service on their part and the complaint deserves dismissal.

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

7.        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 Technician and BMLT. 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 she spent a sum of Rs.1,12,600/- for undergoing the said courses. It has also been pleaded that he appeared in the examination. But neither the result was declared nor any certificate was issued. According  to the complainant, later on she came to know that a F.I.R. (No.216 dated 09.04.2008 under sections 420,467, 468, 471, 120-B, IPC in Police Station, Sector 39, Chandigarh) has also been lodged against OPs No.2 and 3.

8.        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 students who insisted for issuance of certificates to them. 

9.        The complainant has categorically stated that OP-3 had also given assurance to her 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  diploma course of Medical Laboratory Technician and BMLT, payment of fees and spending of amount of Rs.1,12,600/- for undergoing the said course have not been specifically denied. OPs have 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 taking of admission in the said courses by the complainant and the amount spent on the courses. 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.1,12,600/- for undergoing the aforesaid courses.  So the complainant is entitled to the refund of the said amount of Rs.1,12,600/- spent by her.

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

C.No.1060/2008-Rakesh Kumar Versus Chandigarh Institute of Paramedical Science  and others

12.       In this case, the complainant had deposited the following amounts with OPs in MLT and BMLT courses:-

          Similar allegations have been made against OPs as have been made in C.C.No.1061/2008.

13.       In view of the above findings, this complaint is allowed with a direction to OPs to refund a sum of Rs.1,12,600/- to the complainant along with Rs.1,00,000/- as compensation for losing three precious years of life, mental agony and harassment. OPs are also directed to pay a sum of Rs.5000/- as cost of litigation to the complainant.

C.C.No.1060 of 2008.

14.       In view of the above findings, this complaint is allowed with a direction to OPs to refund a sum of Rs.70,500/- to the complainant along with Rs.1,00,000/- as compensation for losing three precious years of life, mental agony and harassment. OPs are also directed to pay a sum of Rs.5000/- as cost of litigation to the complainant.

15.       This 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.

16.       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