BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 23^RD DAY OF NOVEMBER 2022

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. I want to write the exams but due to their sub-standardly prepared syllabus neither I can prepare for exams nor they can conduct exams for me.  So I request honourable judges to order the OP to give me certificate with 90% I will not get interview calls from MNC company due to too much competition from another good institute student and to be submitted in the court.
2. I request honourable judges to order the opposite party to pay Rs.1,00,00,000/- as a compensation in demand draft only to be submitted in the court for the following reasons;

1. Deficiency in service:-

1. They lack proper prepared syllabus
2. They teach from improperly prepared syllabus as well as from outside syllabus
3. They don’t provide notes for referenes purpose
4. Students find it very difficulty in reading, understanding or preparing their own notes due to their improperly prepared syllabus.
5. Due to their improperly prepared syllabus and being taught from it students lack proper knowledge about the subject, becomes less confident and scared to face the life challenges and feels insecure and inferior to their same aged student etc.,

1. Mental health issues such as depression, stress, anxiety
2. Monetary loss
3. Time loss (2014-2022=8 years)
4. Good job opportunity loss
5. Name and future has been ruined
6. Excelling in life and career opportunity has been ruined
7. Court expenses.

2. The case set up by the complainant in brief is as under:-

The complainant joined OP’s university business school in 2014 by paying a donation amount of Rs.2,00,000/- for their management quota seat.  When the complainant was studying in the first year itself he was asked to pay the full fees of Rs.12,00,000/- in three installments.  He has paid the entire amount.  The OP have collected the entire fees before even finishing the first year out of two year MBA course.

3. It is the main grievance of the complainant is that during his studies in the first and second semester he totally found their teaching service below par, their teaching syllabus substandard and lacking and their proper student support missing and totally failing to deliver on their promises of being one of the top B-SCHOOLS and their advertisement claims both on various online and also in their own site to be totally fake and paid.
4. It is further grievance of the complainant that due to the OPs short coming in providing the basic service i.e., proper study material like notes, text book and a good teaching staff who would be good enough to either make students understand the concepts properly or atleast being able to clear their doubts and the complainant was at a total loss as to how he will ever be able to do his MBA in such an environment.  
5. It is further case of the complainant in the first semester he attended all the classes and wrote all the internal exams where his total marks was below par as he understood nothing from their teachings and also he could not find all their syllabus in their text books or reference books that was provided by the OP.  Later he was unable to write the first semester end exams as he got typhoid.
6. During the beginning of the second semester after he got better he went to one Mr.Rajshekar, examination incharge officer and consulted him for the advise.  He has informed him that he has not write any of the first semester end exam due to suffering from typhoid and he wish write those exams and clear 10 first semester subjects, but he gave him the advise to attend the second semester and clear them later when first semester exam will take place.  
7. The same thing happened to the complainant in the second semester also. There was no proper syllabus, text books, reference books provided by the OP University and there were not more than 10% of the topics in the syllabus.  The teaching staff was the same and they taught the same as in the first semester.  The lecturers came to the class and gave the lecture and that’s all their service and the students were forced to fend for themselves or just blindly memorize the syllabus and hope to clear their exams.  
8. The complainant was not allowed to attend the third semester due to his backlogs, which was informed to him by sending him a letter through post.  While attending the first and second semester classes the complainant realized that the OP only wanted to get their fees as quickly from the students as possible so even though he had ten subjects as backlogs he was allowed to attend the second semester as the last installment of the fees was due in second semester.  The OP University have made the rule after getting their full course fee the students having more than six subjects as backlogs are not eligible to attend the third semester.  The complainant as there is a lack of any proper notes and necessary text books are even not having college support he could not attend the exam and later he got so stressed worrying about his future and he got mentally sick and attempted to commit suicide.  Later he was recovered with the support of his family members.
9. It is further case of the complainant that on 16.01.2021he went to the OP university and he met with the registrar namely Mr.Madhusudhan Mishra and asked his permission to clear and complete his MBA as his family was getting harassed by the SBI Bank for repayment of the education loan that he had taken from them to pay for his MBA Course fees.  After hearing his story the Registrar took some time to give permission to finish his MBA course.  On 13.01.2021 he informed him through mail that he has to pay Rs.25,000/- towards re-registration fees and Rs.500/- which he later corrected and said it was Rs.1,000/- per subject examination fees in his second mail.
10. On 16.04.2021 the complainant went to the OP university to deposit the examination fees for semester end exams that were going to start from 19.04.2021 one Mr.Sudhakar from Accounts Department and Mr.Madhukiran, Registrar Office, both have stopped the complainant and asked him to wait for the arrival of the new Registrar, as the new Registrar was suffering from Corona.  In view of this the complainant missed his exams.  On 26.04.2021 his father passed away due to corona. After the death of his father he was in a weaker stage both emotionally and financially.  As there was no other way he had to use his examination fees in order to properly perform the last rituals of his father.  After that he had conveyed the message to the OP university Registrar and after hearing the same they have advised him to come and talk with new Registrar Mrs. Niveditha Mishra.  As per the advise of the Registrar he went to meet Mrs. Niveditha Mishra on 29.07.2021 in person.  Registrar totally denied him to take the semester end exams even though she has shown her permission that was issued by the Registrar of the University and demanded the complainant to take admission again by paying Rs.13,50,000/- + the management quota donation fee of Rs.2,00,000/- and to do the MBA course from starting as syllabus changed.  
11. In view of the rejection of his request by the registrar the complainant was totally disappointed.  The OP University have totally cheated him and they have totally denied to deliver their promises.  He has taken the education loan of Rs.7,50,000/- with interest rate at 11.25% from the SBI and that was increased to Rs.13,20,801.63 ps., till August 2021.  He was not able to get one more loan to pay the amount for MBA course again.  His parents have also taken house loan of Rs.19,35,000/- @ 11.05% interest.  After the death of his father, he is only responsible to clear the loan amount.  Under these circumstances, he is not in a position to arrange for Rs.2,00,000/- to pay the management quota seats donation. Hence he has filed this complaint.
12. In response to the notice, OP appears through their counsel and filed their version.
13. The OP have denied all the allegations made in the complaint except the fact that the complainant has taken admission to MBA course in the year 2014 and the course is for a period of two years i.e., 2014-15 and 2015-16.  The complainant has filed this complaint after lapse of more than 7 years.  He has approached this court as a luxury.
14. It is further case of the OP that the complainant after availing all the services from this OP after pursuing his studies for two semesters and when he was unable to go to third semester because of his incompetency suddenly started blaming this OP stating that their education system is not good and upto his expectations.  This OP are not teaching well and not given any material etc., the complainant is making such allegations without there being any concrete or substantial proof.  The complainant after pursuing his studies came to the conclusion that he is incompetent and unable to continue his studies for next semester and as an after though filed this complaint to make unlawful gains.
15. It is further case of the OP that the admissions refund policy and all other matters related to the refund of fees are purely governed by UGC norms.  As per the UGC norms 100% fees will be refunded if the student withdraws from the college 15 days before the formal notified last date of admission. The student will be entitled to 80% of the refund if he has withdrawn from the university not more than 15 days after the formally notified last date of admission and entitled for 50% if he has withdrawn more than 15 days but less than 30 days after formally notified last date of admission.  The student is not entitled for any refund if he has withdrawn his admission after 30 days from formally notified last date of admission. In this case the student has asked for refund only after period of 7 years.
16. It is further case of the OP that the student after pursuing his studies for long period of one year, thereafter being irregular in his studies did not shown any interest to pursue his carrier and kept on blaming the institution though there is no fault on the OP.  Now as an afterthought he is knocking the door of this court by cutting a sorry figure for no mistake on the part of the OP.  The OP have seriously disputed about the exorbitant amount of compensation Rupees one crore claimed by the complainant.  
17. It is further case of the OP that they have provided the seat to the complainant thinking that he will pursue his studies diligently and after a period of seven years withdrawing from his studies would definitely put this OP into great trouble.  So much money being invested for the education of the students.  In addition to that this Op suffered a lot due to erratic behavior of the complainant. The complainant being most ineligible unable to cope up with the studies and unable reach his deadlines suddenly coming and blaming the institution which is something unheard of.  There are umpteen number of students who are studying in the OP university and they have never complained about the standard of teaching, method of teaching, type of teaching or facility of teaching etc., this is the first case where the complainant after pursuing his studies in order to make unlawful gains has approached this commission with cunning intentions by making allegations against this OP with an intention to get the money refunded.
18. It is further case of the OP that the course taken by the complainant is out of his own choice.  This OP never asked the complainant to apply for loan and then get the admission. Merely because the complainant has applied for loan and unable to repay the said loan he cannot put blame on the OP College stating that the standard of education is not good and education facilities are not good etc.  Merely because his father expired due to corona the complainant cannot find fault with this OP.  The OP will have sympathy against the sad demise of the father of the complainant.  That cannot be a ground for the complainant to come before his tribunal by producing his father’s death certificate stating that his father has expired and the entire responsibility on his head and therefore refund the money. Such things are unheard of and beyond imagination and oppose to law. Viewed from any angle there is absolutely no merits in the complaint.  The complainant is not entitled for any relief and hence OP prayed for dismissal of the complaint with exemplary cost.
19. The complainant has filed his affidavit evidence and relies on 08 documents.  Affidavit of evidence of official of OP has been filed and OP relies on 09 documents.
20. Heard the arguments of both parties. OP have also submitted written arguments. Perused the documents.

21. The following points arise for our consideration as are:-

1. Whether the complaint is maintainable?
2. Whether the complainant proves deficiency of service on the part of OP?
3. Whether the complainant is entitled to relief mentioned in the complaint?
4. What order?

22.   Our answers to the above points are as under:

   Point No.1:           In the Affirmative

Point No.2 & 3 :  In  view of our finding on Point No.1 these two points do not survive for consideration

  Point No.4:            As per final orders

REASONS

23.   Point No.1: Perused complaint, Version and evidence of both the parties.  The complainant has joined the OP business school in 2014 after getting management quota seat by paying Rs.2,00,000/-.  When he was in first year itself the OP have asked him to pay full fees of Rs.12,00,000/- in three installments and hence he has paid the entire amount.  Before even finishing the first year out of two year MBA course. 

24.   It is further grievance of the complainant that the teaching service in the OP university is below par and substandard and lacking and their proper student support missing and totally failing to deliver on their promises of being one of the top B schools and their advertisement claim and it is totally fake.  Due to the short comings in providing the basic service i.e., proper study material, like notes, text book and a good teaching staff, the complainant unable to clear first semester and also second semester exams.  The complainant was also suffering from typhoid and he could not attend the first semester end exams.  After that he approached the OP administration authorities and as per their advise he has continued his studies in second semester.  In view of not providing the basic educational services by the OP university, he was unable to clear the second semester final exams.  After that he was not allowed to attend the third semester due to his backlogs.

25.   It is further grievance of the complainant that as he was suffering from mental harassment he could not continue his studies. He was not able to take the exams for first and second semester.  He left the college after one year.  After taking proper treatment and with support of the family members he was recovered.  

26.     The complainant again contacted the OP university authorities on 16.01.2021 and requested them to permit him to clear and complete his MBA.  He and his parents have raised loan for education purpose.  During this period his father died due to Covid.  As per the instructions of the Registrar of the University he was given permission to finish his MBA course.  The Registrar further informed him to pay Rs.25,000/- as re-registration fees and further pay Rs.1,000/- per subject for examination fees.  When he went to the university to deposit the semester exam fees on 19.04.2021 he was prevented from paying the fee in view of the obstruction made by the Accounts Department and the Registrar namely Mr.Sudhakar and Mr.Madhu Kiran.  Again he approached the Registrar of OP1 on 29.07.2021 and requested her to permit him to take the semester end exams by showing the permission letter given by the Registrar of the OP University.  The OP1 has not given permission and also directed him to take admission again by paying Rs.13,50,000/- + management quota donation fee of Rs.2,00,000/- and to do MBA course from start as syllabus was changed.  

27.     The complainant in support of his contention has also relied on nine documents. On the other hand, the case of the OP is one of the total denial except the fact that the complainant has taken admission to MBA course in the year 2014 and the course is for two years i.e., 2014-15 and 2015-16.  The complainant after availing all the services from the OP after pursuing his studies for two semesters and when he was unable to go to third semester because of his incompetency suddenly started blaming this OP stating that their education system is not good and it is not upto his expectation.  This OP are not teaching well and they have not provided any materials.

28.     It is the specific contention taken by the OP that the complainant is incompetent and unable to continue his studies for next semester and as an afterthought he filed this complaint for unlawful gains.  The admissions refund policy and all other matters related to refund of the fees are purely governed by UGC norms. As per the UGC circular issued on 06.12.2016 the student will get 100% refund if the student withdraws from the college 15 days before the last date of admission and if the student is entitled for 80% of the refund if he was withdrawn from the University not more than 15 days from the last date of admission and so also he is entitled for 50% if he withdrawn from the university more than 15 days but less than 30 days before the last date of admission. The student is not entitled for any refund if he has withdrawn his admission after 30 days from formally notified last day of admission.  In this case the complainant has asked for refund after lapse of seven years.

29.     It is further contention taken by the OP that the complainant after pursuing his studies for a long period of one year and thereafter being irregular in his studies did not shown any interest to pursue his carrier and kept on blaming the institution though there is no fault on the OP.  Now as an afterthought he is knocking the doors of this Commission as a back door entry for no mistake of this OP.   The complainant has made reckless allegations and defamatory allegations against the institution and thereby portraying the institution in a bad reputation.  

30.     This OP have provided the seat to the complainant thinking that he will pursue his studies diligently.  Now the complainant after a period of seven years withdrawing his studies, has definitely put this OP into great trauma and trouble.  So much money is being invested for the education of the students.  This OP has suffered a loss due to the erratic behavior of the complainant.  There are umptem number of students who are studying in the OP institution and they were never made any allegations against this OP university, relating to teaching, method of teaching, type of teaching or facility of teaching. The course taken by the complainant is out of his own choice. This OP never asked the complainant to apply for loan and then get the admission.  The complainant on his own applied for educational loan to complete his studies.  Merely because he has applied for loan and unable to repay the said loan for various reasons he cannot put blame on the OP college stating that the standard of education is not good and education facilities are not good.  The death of the father of the complainant is not a ground for the complainant for claiming refund of the money.

31.     The OP in support of his contention have relied on 09 documents.

32.     On perusal of the oral and documentary evidence and the allegations made in the complaint and the version it is clear that the complainant has filed this complaint claiming an exorbitant of Rupees one crore from the OP.  The complainant has also sought for the relief to direct the OP to conduct his semester end exam by providing proper syllabus and text books to him in addition to the compensation.

33.     On these back ground we have gone through the order passed by the Hon’ble NCDRC, in Rev. Petition No.2006 of 2019 between LDRP Institute of Technology and Research, Gujarat –vs- Apoorv Sharma.  The Hon’ble NCDRC has made the observation that while disposing of the case of Manu Solanki and others –vs- Vinayak Mission University and other connected cases 1(2020) CPJ 2010, The Hon’ble Apex court has raised the preliminary issue whether the educational institutions providing education and other incidental activities to the students come within the purview of the C.P. Act 1986 or not. The Hon’ble Supreme Court wherein the larger bench has held that education matters do not come within the purview of the C.P. Act 1986 and therefore the complaint is not maintainable.

34.     On the basis of the above decision of the Hon’ble Supreme Court, the Hon’ble NCDRC has allowed the Revision petition preferred by the Revision petitioner i.e., LDRP Institute of Technology, holding that the law laid down by the larger bench of this Hon’ble NCDRC in the case of Manu Solanki the institute does not fall within the C.P. Act 1986.

35. Therefore in view of the decision of the Hon’ble NCDRC stated above and also the decision of the larger bench of the Hon’ble Supreme Court in Manu Solanki and others the educational matters do not come within the purview of C.P. Act 1986 and the complaint is not maintainable. Hence we answer the above point No. 1 in the affirmative.

36.     Point No.2 AND 3:  In view of the finding given by this Commission on Point No.1, these two points do not survive for consideration. Hence complainant is not entitled for any relief.  Hence we answer point No.2 and 3 in Negative.

37.    Point No.4:- In view the discussion referred above,

O R D E R

1. The complaint is Dismissed. No costs.
2. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 23^rd day of NOVEMBR, 2022)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;