Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:
(1) This is an appeal filed by the original Complainant whose complaint was dismissed by the District Consumer Disputes Redressal Forum, Mumbai Suburban by its judgement dated 07.01.2012 delivered in Consumer Complaint No.653/2008.
(2) Facts lie in narrow compass. It is the case of the Complainant that he had approached the Director of Chanakya Institute of Management Studies and Research at C.D. Barfiwala Marg, Andheri (West), Mumbai. He wanted to do post graduation in management studies. It was two years course. He deposited tuition fees of `1,50,000/- and other fees of `10,000/- on 29.08.2007. He appeared for first semester and second semester exams and when Complainant was awaiting for result of second semester the Opponent institute was demanding fees of second year. But, in the meantime by letter dated 07.06.2008 Opponent institute informed to the Complainant that his admission was cancelled. According to Complainant there was meeting on 11.04.2008 between himself and Opponent’s Director to solve all the issues but by giving letter dated 07.06.2008 the Opponent cancelled his admission. He had made representation to the Director of Opponent Institution and also to the Director of Technical Education, Maharashtra State, his grievances were not redressed and therefore, he filed consumer complaint claiming `1,60,000/- and also claimed `15,15,000/- by way of compensation.
(3) Opponent Nos.2 to 4 filed written version and Opponent No.1 filed separate written version but contents of both of them were same. Opponents pleaded that Complainant had taken admission for post graduation diploma in 2007 by depositing `1,60,000/- for the first year. In first year there were two semester examinations. First semester examination was taken in January, 2008 and its result was declared on 1st March, 2008. The Complainant failed in three subjects. Complainant was not punctually attending the course. Even at the time of examination Complainant was coming late. Hence, Complainant was given notice on 12.01.2008 but institute found that for first semester papers the Complainant used to come late and because of his irregular attendance he had not cleared three subjects of the semester of first year. Even then Complainant was permitted to keep terms for second year and he was permitted to appear for second semester examination of the first year. In the second semester his attendance was less than 75% and since his attendance was less than minimum required, the Director had called him on 01.04.2008 in his chamber discussed with him this issue and he had given in writing that he had no complaint or grievance against the institute and would make improvement in his performance in studies. The Opponents pleaded that second semester examination of first year was conducted in May, 2008 but in the second semester examination Complainant remained absent in two papers and therefore, in both the semesters Complainant had not cleared all the subjects or all the papers. Opponents further pleaded that second year’s fees was payable before 30.04.2008. Same was notified to all the students including the complainant by public notice and individual notice. But, before 30.04.2008 he had not deposited tuition fees or other fees in the second year. In the circumstances, second year admission was cancelled but he was permitted to appear examination to clear first year in remaining subjects. They pleaded that since Complainant had not paid tuition fees for the second year course and since he was irregular in attendance, his admission was cancelled by sending letter dated 07.06.2008. They, therefore, pleaded that they were not guilty of deficiency in service of any kind and they prayed that complaint should be dismissed with costs.
(4) The District Forum considering the voluminous documents produced on record by both the parties, on considering the affidavits filed by respective parties held that the admission was rightly cancelled by the institute on the ground that Complainant had not attended the courses upto 75% which he was required to attend. He was not punctual in attendance. He had not deposited second year’s tuition fees and other fees which he was required to deposit for taking admission in second semester on or before 30.04.2008. Secondly, his progress in the first year’s papers was not upto mark and he was not behaving properly with his co-students and for these reasons his admission was cancelled. The District Forum upon considering the objections raised by the Opponents held that Opponents were not guilty of deficiency in service, the Complainant was at fault and he had not attended the courses properly and he had not cleared first year’s examination and though he was allowed to keep term for second year he had not deposited tuition fees for second year on or before 30.04.2008 and therefore, the District Forum held that the institute was not guilty of deficiency in service in cancellation of admission of the Complainant for the second year course and as such it was pleased to dismiss the complaint. Aggrieved by the dismissal of the complaint, Complainant himself has filed this appeal.
(5) We heard submissions of the Appellant/Complainant in person and Mr.Anand Patwardhan, Advocate for the Respondents/Opponents.
(6) We are finding that the order passed by the District Forum dismissing the complaint is just and proper. The Complainant had not cleared the first year papers in two semesters. In first semester in three subjects he failed and in second semester in two subjects he was absent. He was required to deposit tuition fees on or before 30.04.2008 if he wanted to keep term to second year, but, he did not deposit the fees within the stipulated period. Moreover, his overall attendance was poor. He had not attended the course 75% which is required under the institute’s rules and regulations. He was not having good relations with co-students. He had not cleared papers and therefore, there was no option to the Respondent institute but to cancel the admission of the Appellant and accordingly by sending letter dated 07.06.2008 his admission was cancelled rightly and thus, we are finding that the order passed by the District Forum, is just, proper and sustainable in law. We are finding no substance in the contentions made by the Appellant in person while arguing the case before us because if the admission fee is not paid in the second year term on or before 30.04.2008 as per public notice given to all the students besides individual notice to the Appellant, the admission for the second year had to be cancelled there being no option to the Respondent Institute. Moreover, first year was not cleared by the Appellant as is clear form the result submitted before us. It was tried to be contended by the Appellant in person how he could get loan from the Bank when result of the second semester was not declared by 30.04.2008. What is pertinent to note is the fact that as per rules and regulations whether you pass or fail you have to take admission by depositing fees for the second year. The institute was ready to give A.T.K.T. and Appellant was being permitted to keep term for the second year provided he pays the second year’s fees. But as per the regulations of the Opponent Institute the Appellant failed to deposit fees for the second year on or before 30.04.2004 and on finding that he had failed to deposit fees the Respondent Institute rightly cancelled his admission, not only on the ground of non-payment of the fees by the Appellant but on the ground of poor attendance and non-passing of first and second semesters. In the circumstances, the appeal preferred by the original Complainant is appearing to be devoid of any substance because appellant who is management student has to blame himself in the mess he has landed himself. We cannot grant any reliefs to the Appellant though he tried his best well before us to present his case properly and emphatically. In the circumstances, we pass the following order:
O R D E R
(i) Appeal is dismissed.
(ii) No order as to costs.
(iii) Inform the parties accordingly.
Pronounced on 20th September, 2012.
