Order-17
Date-18/06/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that OPs 2 and 3 are running Eastern Institute for Integrated Learning Institute (EIILM) claiming to be an Institute awarding MBA Degree from UGC Recognized University and charge huge fees for such courses by promising the prospective students like lucrative placement opportunities to students enrolling for such courses.
Complainant through brochures and pamphlets distributed at various places by the said institute i.e. EIILM institute having its campus at 6, Waterloo Street, Hare Street P.S. took admission on 16-01-2012 for the batch of 2012-2013 in the said institution for obtaining MBA Degree with assurance of good placements opportunities.
Complainant visited the campus of EIILM where OP2 assured that complainant would be awarded a proper MBA Degree from the EIILM University of Sikkim and on completion of the course the complainant would get good placement as their institute was having good tie-up with various corporate houses. Complainant also was given to understand by the OPs that Degree in MBA shall be awarded from UGC Recognized University.
Complainant relied upon such representations to be true and after meeting the requisite criteria enrolled for pursuing an MBA Degree from EIILM.
Complainant was a diligent and sincere student and took all four semester examination and duly completed the MBA Programme. At the time of admission the complainant was informed that he could receive a regular degree of MBA along with a certificate of Post Graduate in Management. Complainant completed all the rules and regulations and details of the course and payment and attending the classes.
Complainant successfully completed all four semester examination and received the Post Graduate Certificate but not the MBA Degree as promised by the OP.
In or around December, 2013 complainant learnt that degree of all students will not be furnished by EIILM University as result of a pending matter in Sikkim High Court. Immediately thereafter, the complainant along with the other students held a meeting with the Dean of the college, Tapas Chakraborty, at the college campus. At that meeting all the students were informed that due to such pending case at the Hon’ble High Court at Sikkim, EIILM University will not provide MBA degree and all students were required to register with Vidyasagar University for the same. They were further informed at that meeting that Degree from Vidyasagar University will be Distance Learning and not regular Degrees and they will require to sit for all the examinations again for a period for another two years. Students were extremely disturbed and disappointed as they were deceived and cheated by the said institute and two years of their student life had been wasted due to false and fraudulent representations made by the OPs.
Complainant being deceived and cheated by the EIILM lodged FIR at Hare Street Police Station on 08-08-2014 because of their false, fraudulent, forged and fabricated documents for enrolling student for purported UGC Recognized University.
Practically OP’s false representation and fabricated advertisement duped the student and ultimately failed to give any degree issued by the UGC Recognized University and complainant has not got his MBA degree as yet for the negligence, deficient and fraudulent act and adopting unfair trade practice by the OPs and falsely by a publication enlisted the name of the complainant as MBA degree obtained and such publication is also false. So, in the above circumstances, complainant has prayed for refund of the entire amount as prayed by him for indicating the MBA Degree Recognized by any UGC University and for other relief.
On the other hand, OPs by filing written version submitted that the complaint is not maintainable in view of the fact that the said complaint was filed on 05-12-2014 whereas complainant was admitted to the College on 16th January, 2012, so the complaint is barred by limitation and at the same time complaint is not maintainable in view of the fact that complainant is not a consumer and as per settled principle of law a student who is admitted for any education institution cannot be treated as hiring or availing of service of any Board or University or Institution and Hon’ble Supreme Court already decided that education is not a commodity and students are not consumer of the institution. OP has further submitted that OP1 was a knowledge hub of EIILM University of Sikkim. Complainant was admitted in the University through the institute being OP1 and OP1 Institute conducted the class, set the question papers, held examinations and examined the answer scripts and thereafter, OPs used to sent marks to the said University on the basis of which used to prepare marks cards, apart from that OP1 also issued PGPM Certificates to the successful candidates and on the basis of such certificate many students of OP1 are already placed in reputed National and multi-National Companies.
It is specifically mentioned that officials have been implicated in a criminal case initiated by the Jorethang Police Station, Sikkim, the students including the complainant have been informed in the class itself about the uncertainty in respect of the final disposal of the said criminal case. So, it is suggested to all students including the complainant that the students who are willing to avail of the opportunity of being enrolled in Vidyasagar University which is a Government University, can take admission therein, thereafter, a large number of students including the complainant have been admitted in Vidyasagar University at the cost and expense of the OP1 and a list of enrolled students enrolled in Vidyasagar University is annexed.
Complainant pursued studies along with other students who have been assured that the equivalence of degrees awarded by open and distance learning institutions are at par with conventional universities/institutions.
Complainant was given as many as twenty placement opportunities but he participated in only one campus interview process of Century Plyboards India Ltd. Complainant was very irregular in the Final Placement Participation. So, he was asked to submit an application between 7 to 11th April, 2014 stating therein the reason for not participating in campus interview to the Placement Department of the OP1.
OP1 sent an E-mail on 21-04-2014 blocking the name of the complainant from further placement assistance though large number of students of his batch got placed after placement of opportunity. It is further submitted that the present complaint is frivolous, harassing and for which the present complaint should be dismissed.
Decision with Reasons
After critical appreciation of the complaint, written version and also considering the documents it is found that complainant filed application for his admission to two years full time post graduate programme in Management conducted by Eastern Institute for Integrated Learning in Management and this application was filed by the complainant Raj Kumar Ram on 24-12-2011 and in the said application it is specifically mentioned that EIILM is the knowledge hub of the UGC recognized University for MBA but in the said application it is specifically mentioned that present PG programme imparts knowledge and skills which enable students to seek employment or undertake self-employment directly, after successful completion of the programme. But nowhere in the application it is specifically mentioned that Eastern Institute for Integrated Learning in Management is recognized by university and in the said application it is also noted that it is a post graduate management degree. Document as filed by the complainant show that at the time of filing application, he was satisfied that the OP’s institute is recognized by any university but OP has tried to convince that they only used to issue such certificate of two years full time post graduate programme in Management and they are only imparting PG Programme and this PG Programme imparts knowledge and skill which enables to student employment and undertake self-employment after successful completion of programme but nowhere it is declared that it is a degree recognized by any university. Fact remains OP has admitted that complainant was admitted in the EIILM University through the OP1 and OP1 conducted the class, set the question paper held examinations and examined the answer scripts and thereafter, OPs used to sent marks to the said University on the basis of which used to prepare marks cards and issue degree certificates, marks etc. So, apparently OPs admitted that the complainant was admitted to the OP’s institute under the EIILM University but truth is that OPs have failed to prove that they are recognized by EIILM University or any of the University at any point of time. On the other hand, from the OP’s own document it is clear that OP subsequently, enrolled under Vidyasagar University (Distant Education) after completion of two years programme by the complainant. So, it is clear that OP no doubt deceived the students after completion of two years’ status in MBA and failed to hand over University degree but truth is that at the time of such advertisement OP was not under any university or EIILM University. So, apparently the entire conduct of the OP is misleading one and no doubt complainant paid huge money and completed the course and regarding completion of the course there is no doubt deficiency of service because the complainant’s main allegation is that OPs deceived the complainant and other students at the time of admission though their institution is not recognized under EIILM University or any other University and in fact, OP has failed to prove that complainant and other students got degree or certificate of any recognized university. So, it is proved that it is a fake institution.
Fact remains it is an institution who is imparting knowledge and skills which enables students to seek employment but as per application form, it is the knowledge hub of recognized university for MBA if this word is taken into account in that case it can be stated that the application form does not reveal that the present OP is recognized institution of any university at the same time in the application form nowhere it is noted that present OP is an affiliated college of any UGC recognized university for MBA but entire application form suggests that it is not a recognized college or institution for imparting any university education but their institution imparts knowledge and skills which enables student to seek employment and undertook self-employment promptly after successful completion of the programme but not recognized university course so, apparently we have gathered that complainant himself has admitted that he completed the said course successfully and got certificate of post graduate in Management issued by the OP. So, apparently, the complainant though successfully completed the course conducted by the OPs and it was a course imparting knowledge and skill enables student to take employment or undertook self-employment but not a University decree but in the said application form it is specifically mentioned that its PG programme is a non-technical course, outside the purview of AICTE, and is not recognized by AICTE. So, the institute is nothing but a frog’s umbrella and no doubt they are imparting some knowledge and skill regarding the business management etc. but from the application form it is clear that it is not recognized institution under any UGC recognized university of any MBA course. So, apparently misleading act, negligent and deficient manner of service against the OP cannot be drawn by the complainant at the same time, at the time of admission or just after admission complainant was not reported by the OPs that OP is not recognized under EIILM University but completed the course and issued certificate by the OP not by any university but fact remains that this institution is a fake institution in the eye of law but at best it is a centre for giving and imparting knowledge and skill in respect of business management etc. but not a college affiliated to any university which proved from the act that very recently OP has been affiliated under Vidyasagar University (Distant Education) course but in the mean time complainant already completed two years and got such a fake certificate issued by the OP. OP has tried to convince that after getting such affiliation by Vidyasagar University (Distant Education course) complainant’s name has been registered at the cost of the OP and it is done only to save their skin for running their fake institution. Fact remains it is nothing but an institution having no authenticity from any government or any other institution of India and such sort of institutions are here and there and no doubt they are deceiving the students like complainant but complainant has admitted that he completed the course on full payment when it is an educational institution and only not for awarding degree he has challenged the authenticity of the OP no doubt OP has no authenticity in the education field but it is a fake institution in imparting knowledge and skill of MBA and no doubt by such act complainant has been deceived but truth is that already Hon’ble Supreme Court has decided that educational institution are not providing any kind of service. Thereafter, in the matter of admission, fees etc. there cannot be a question of deficiency of service and student cannot be treated as consumer under the C.P. Act and that judgement was passed by Hon’ble Supreme Court in special leave to appeal civil on 09-08-2012 and considering that judgment we fund that complainant cannot be a consumer in the present case but by a judgment passed by Hon’ble Supreme Court reported in 2009 AIR SCW 2139 it is found that Hon’ble Supreme Court by that judgment came to a conclusion if by giving or misleading false advertisement any non-affiliated and non-recognized institution admits any student but ultimately failed to give such recognized degrees in that case it shall be treated as deficiency in service and unfair trade practice and in that case college is liable to refund admission expense and pay compensation to a student and in fact, by such act of the institution non-affiliated and non-recognized the future carrier of the student is being ruined and in such circumstances Hon’ble Supreme Court directed for payment of entire fees and compensation. Considering that judgment and the present facts and circumstances, we have gathered that the present OPs are running the institute by giving and misleading advertisement and information to the student though they are not recognized by EIILM University and practically relying upon their such advertisement and assurance the present complainant was admitted, spent huge money, completed two years’ complete course but got a certificate issued by that institution who had or has no recognition under any recognized UGC University when that is the fact then it is clear that the present institute no doubt committed unfair trade practice and managed to admit those students after realizing huge money but virtually ruined the career of these students including the complainant. Another fact is that even after admission there was no development in connection with the affiliation or recognition of the OP’s college. No effort was made by the OP for recognition by any University at the same time same was not at all disclosed to the students and fact remains in the year 2014 practically when this complainant found that he had been deceived by the OP they somehow or otherwise managed the recognition of the Vidyasagar University (Distant University course) and peculiar factor is that the present complainant’s name is registered by this college under that university that means to save their mal-practice and unfair trade practice it was done but fact remains there is no scope on the part of the OP to give any University Certificate of MBA when complainant already completed two years course in the college of the OP and no doubt such sort of practice has destroyed the career of the complainant and in fact, after spending more than four lakhs he got a paper like certificate which has no recognition by any government organization or institution or university or any authority. Considering that fact and also the judgment of the Supreme Court, we have found that Hon’ble Supreme Court confirmed the verdict of National Commission passed in original case No.168 of 1994 by National Commission on 29-09-2000 and Hon’ble Supreme Court also came to a conclusion that when the institute is neither affiliated nor recognized by any authority of State Government or Central Government in absence of affiliation and recognition of the university or government the institute OPs started admission for degree course of MBA which is no doubt unfair trade practice by misleading students.
After considering the entire materials we find that the advertisement and the application form as a whole if it is read there is no manner of doubt that impression was given by the present institute to the student that it is affiliated under UGC recognized University but name of the University was not written. But ultimately it is found after completion of the course in this institute, OPs failed to deliver any MBA degree certificate or mark-sheet issued by any university that means from very inception this institution is not an educational institute and there was no affiliation of State Government or Central Government or university for imparting any MBA degree recognized by any university but even then they admitted the students by giving false advertisement and alluring the students and for which it can safely be said that it is one kind of unfair trade practice for which relying upon the ruling reported in 2009 AIR SCW 2139 we are convinced to hold that when it is not an educational institute in the eye of law then this institute was running an unfair trade practice to deceive the students and when it is proved that the present student ultimately has not received the affiliated certificate of MBA from any recognized university then no doubt they have ruined the career of the present complainant and considering that fact we are convinced to hold that the present OPs are running an unfair trade practice in view of Section 2(1)(r) of the Act and in the result the certificate as issued by the OP is just a useless piece of paper and the representative as given by the OP in the advertisement and also in the application form were/are completely fake and false.
Considering the totality of the fact and circumstances of the case and relying upon the judgment of the Supreme Court we are allowing the complaint.
Hence,
Ordered
That the case be and the same is allowed on contest with a cost of Rs.10,000/- against the OPs.
OPs are jointly and severally hereby directed to refund the entire amount of Rs.3,92,400/- and also a compensation on the ground OP has ruined the future of the complainant by adopting unfair trade practice and for receiving the said amount towards admission fee, tuition fee etc. and also to pay punitive damages of Rs.1 lakh for adopting unfair trade practice and also for harassment to the complainant in such a manner and further for ruining the student life the complainant.
OPs 1 to 3 are jointly and severally directed to comply the order within one month from the date of this order failing for non-compliance of the Forum’s order OPs shall be prosecuted u/s.27 of the C.P. Act for which they shall be further imposed fine and penalty.
