D.O.F : 24/04/2023
D.O.O : 10/06/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.107/2023
Dated this, the10th day of June 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Amitha Ramakrishnan
Thalachira House,
Payyavoor P O, Koyipra
Kannur district,
Pin – 670633.
Now residing at
Nandanam House
Poodamkalladukkam
Achikanam P O
Kasaragod, 671531 : Complainant
And
Divya Sipson,
Thejas Global Academy
Abhiman Tower, 3rd floor
Chandakunnu, Irinjalakuda,
Pin 680121. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is alleging deficiency in service and unfair trade practice on the part of opposite party in connection with her registration in university for the second year distant education MBA course, even after collecting Rs. 13,000/- being the registration fee. The registration in the university has not yet done and thereby mis lead her that their consultancy have valid license for 5 years but on enquiry, it is found that they have not renewed license and not registered the complainant’s name in university and thereby cheated her thus she lost her valuable one academic year. The facts of the case is that, the opposite party had given advertisements of their consultancy, Thejas Global Academy. By seeing this, the complainant contacted opposite party for registering second year MBA course distant education. The opposite party claimed that they have valid license for 5 years and thus the complainant paid an amount of Rs. 13,000/- on 21/3/2022, on an assurance that the opposite party will complete the registration procedure within one week. But till now the opposite party has not registered the complainant’s name in the university. The complainant contacted the opposite party many times to know the registration status. But whenever she called, it is informed by opposite party that there is some technical issues in the server and will be updated soon. She repeated this for several months and in July the opposite party told that her license is not renewed that is the reason for the non updation in official site. Thereafter the opposite party refused to attend the call of the complainant. Fed up with the negligent attitude of opposite party, the complainant demanded for refund of the amount. But opposite party neither registered the complainant’s name in university, nor refunded the amount. In the month of August 2022, the second year exam was conducted, but opposite party did not inform the complainant regarding the exams. Due to the fraudulent attitude of opposite party the complainant could not complete her MBA course and thereby she lost her one valuable academic year. She is assessing her damages to the tune of Rs. 70,000/- from opposite party.
Notice of opposite party returned stating “left”. The complainant filed IA 292/2023 for paper publication, which is allowed. Even after paper publication also, opposite party remained absent. The complainant filed another IA 26/2024 to affix the notice in the outer door of opposite party’s office. Thereafter also, opposite party was absent, name called absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked. Ext. A1 is the details of fees paid on 21/3/2022 to opposite party, that is, Rs. 13,000/- to opposite party. Ext.A2 is the receipt issued by opposite party to the complainant for the second MBA financial management, on 21/3/2022. Heard the complainant. The main questions raised for consideration are;
- Whether there is any deficiency in service/unfair trade practice on the part of opposite party in non-registering the name of the complainant in University after collecting fees from the complainant?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
The complainant is an MBA student, who is influenced by the advertisement of opposite party, contacted them to know their courses and fees. The opposite party assured that they have valid license for 5 years and other details regarding courses and fees. The complainant paid Rs. 13,000/- on 21/3/2022 on the assurance given by opposite party that her name will be registered in the University within one week. After collecting the fee, she told that there is some technical issue in the server and will be updated soon. After few months, she admitted that they have no valid license and that is the reason the site is not getting updated. The complainant has made all efforts to get refund of the fees paid. Due to the deficiency in service and unfair trade practice of opposite party, complainant’s one year has been wasted and she could not attend the exam to complete the course. Wastage of one academic year is a huge loss for a student. In the absence of rebuttal evidence, complainant’s case stands proved. Ext. A1 and A2 proves that the complainant had paid the registration fee, but she did not availed any service from opposite party as offered earlier. Due to the fraudulent attitude and service deficiency of opposite party, the complainant had undergone huge monitory loss and severe mental agony, as she could not attend the second year MBA exam and to complete the course. The complainant is entitled for relief in this case. The commission found that there is serious deficiency in service and unfair trade practice on the part of opposite party. The mental agony and loss undergone by the complainant cannot be compensated in terms of money.
The prayer of the complainant is for a compensation of Rs. 70,000/- for her one year has been wasted and cheating. This commission carefully gone through the affidavit and documents produced by the complainant. Considering the facts of this case, an amount of Rs. 70,000/- is a reasonable compensation in this case. The complainant is also entitled for the litigation cost of Rs. 3,000/-. The commission holds Thejas Global Academy, the opposite party failed to register the name of the complainant in the university, she is entitled for refund of the fees with interest at the rate of 9% per annum.
Therefore, the complaint is allowed directing opposite party to refund Rs.13,000/- (Rupees Thirteen thousand only) with 9% interest from 21/3/2022 till payment with a compensation of Rs. 70,000/- (Rupees Seventy thousand only) along with Rs. 3,000/- (Rupees Three thousand only) as cost to the complainant within 30 days form the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Screenshot of payment
A2 – Receipt
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
