In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 352 / 2009.
1) Sri Tapas Kr. Paik,
Vill. & P.O. Dhaniakhali, Dist. Hooghly-712302.
2) Sri Sanjib Kr. Debnath,
Circular Road, P.O. Dist. Jalpaiguri, Pin-735101.
3) Sri Sagar Banerjee,
Sanskritipara, P.O. Jalpaiguri, Pin-735101.
4) Sri Pradip Biswas,
Khalpara (South), P.O. Chanfmari, Dist-Jalpaiguri, Pin-7352018.
5) Smt. Poulami Bhawal,
Circular Road, P.O. Dist. Jalpaiguri, Pin-735101 ---------- Complainant
---Versus---
1) Mr. S.C. Chadha, Deputy Secretary, University Grant Commission,
Bahadurshah Zafar Marg, New Delhi-440002.
2) Registrar-representing Vilayaka Mission,
University Salem, Tamilnadu.
3) Sri Anurag Khemka, Director, Indian Institute of Professional (IIP),
Head Office- FE-498, Salt Lake City, Sector-III, Kolkata-106. ---------- Opposite Parties
4) Secretary / Registrar-representing NIMAS Group of Institutions,
EC-138, (Near City Centre, Salt Lake, Cal. ---------- Proforma Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 25 Dated 18/05/2012.
This is a complaint case filed by 5 complainants against the o.ps. stating that o.ps. advertised on 15/16, Sept. 2007 in different dailies regarding admission of o.ps. institution i.e. Indian Institute of Professional, Jyoti Kendra, 117, Southern Avenue, Kolkata-29 and following the said advertisement complainant along with others got themselves admitted in the said institution and in the said advertisement it had clearly mentioned that o.ps. are conducting one year M. Phi Course on various subjects of Vinayak Missions University of Salem, Tamilnadu off campus made i.e. distance education system and the weekend classes were promised to be conducted an adequate study materials were to be supplied and there were gross deficiencies in this regard.
Further case of the complainant is that being allured by the advertisement complainants got themselves admitted after making payment of huge money and the complainants paid Rs.32,500/- each course fees ad some of them paid examination fees of Rs.5050/- as per payment schedule. O.p. through advertisement and prospectus committed to supply study materials to the students which were not supplied to the complainants and the faculties were not upto the mark and lacks in standard of University Grant Commission. Moreover, the infrastructure in totality is deficient and much below the requirement expected in the case of an institution conducting one year M.Phil course and complainants later contacted with UGC to know the actual position of o.ps. in respect of approval by UGC for running such course Memo No.F-5-16/2007 (CPP-1) 2 May, 2008, issued by the Deputy Secretary, Mr. S.C. Chadda who wrote that “The U.G.C. has not granted approval to M.Phil course run by Vinayaka Mission Research Foundation Deemed University, Salem, Tamilnadu and Indian Institution of Professional, Kolkata”. Further case of the complainants is that o.ps. in the advertisement specifically stated “Accredited by U.G.C. (16-10-08-A.B.P) and complainants have stated in their petition of complaint vide para 22 that in the advertisement of o.ps. in Uttarbanga Sambad on 16.9.09 o.ps. stated in clear terms that it was approved by the UGC and thereby allured the complainants and other students for admission in the institution of o.ps. and the matter was informed to police by complainants. Hence the case.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and ld. lawyers of o.ps. in the course of argument strongly submitted that the instant case is not maintainable in this Forum and appropriate forum lies elsewhere and this Forum has got no jurisdiction to entertain the matter like instant one and prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. From the letter annexed with the petition of complaint having no.F.5-16/2007 (CPP-1) dt.2.5.08 issued by Mr. S.C. Chadda, Deputy Secretary of University Grant Commission, Bahadur Shah Jafar Marg, New Delhi-110002, we find that UGC has not granted approval to M.Phil course run by Vinayak Mission Research Foundation Deemed University, Salem, Tamilnadu and Indian Institution of professional, Kolkata. So, we have got no hesitation relying upon the said letter that o.p. no.1 ran institution like Indian Institution of Professional (IIP) without having any approval of UGC in the matter of running M.Phil course of one year applying unfair trade practice and such act in our society is highly condemnable and there must be an end of it and this cannot go any step further and it is apparent that the complainants together with others who were allured by o.p. no.1 were agitated for no fault of them and virtually the act of o.p. no.1 has ruined the future of complainants and like others and it is a social crime and affects the society at large and punitive action needs be taken by UGC in the context of the facts and circumstances disclosed above and o.p. no.1 is found holding unfair trade practice as defined in Sec 2(1)(r) of the C.P. Act, 1986 and complainants are entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost as aginst o.p. no.1 i.e. Director, Indian Institution of Professionals (IIP), FE-498, Salt Lake City, Sector-III, Kolkata-106 and dismissed as against other o.ps. without cost. O.p. no.1 is directed to refund the amount received from the each and individual 5 complainants together with interest @ 10% p.a. from the date of receipt of the said sum till the date of realization and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only each to all the 5 complainants for their harassment and mental agony and Rs.5000/- (Rupees five thousand) only each towards litigation cost of the 5 complainants. O.p. no.1 is further directed to pay a sum of Rs.10,00,000/- (Rupees ten lakhs) only as punitive damage for such act of unfair trade practice out of which Rs.1,00,000/- (Rupees one lakh) only each is payable to 5 complainants i.e. total Rs.5,00,000/- (Rupees five lakhs) and balance amount of Rs.5,00,000/- (Rupees five lakhs) only is payable to Consumer Welfare Fund, West Bengal. O.p. no.1 is directed to comply with the aforesaid order within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainants till full realization.
Office to sent a copy of this judgment to the Deputy Secretary of University Grant Commission, Bahadur Shah Jafar Marg, New Delhi-110002 for information and necessary action against o.p. no.1 i.e. Director, Indian Institution of Professionals (IIP), FE-498, Salt Lake City, Sector-III, Kolkata-106.
Supply certified copy of this order to the parties.
