DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
ISBT KASHMERE GATE DELHI
CC/15/2018
No. DF/ Central/ Date
Deepansha Goyal,
D/O Sh. Vinod Goyal,
R/O House no. 69, Vasundara Apartment,
Vasundara Lane, Sector-9,
Rohini, Delhi-110085. …..COMPLAINANT
VERSUS
Educomp Raffles Higher Education Ltd.
Raffles Millennium International,
Corporate Office at: 9B, Rajendra Park,
Opp. Hotel Jaypee Siddharth, Pusa Road,
New Delhi-110060
Registered Office at: 1211, Padma Tower-1,
5, Rajendra Place, New Delhi-110008.
Also at- Head Student Services,
Raffles Design International Hi Life,
2nd Floor, Phirozshah Mehta Road,
Santacruz (West), Mumbai-400054 …..OPPOSITE PARTY
Quorum : Ms. Rekha Rani, President
Mr. R.S. Nagar, Member
Ms. Manju Bala Sharma, Member
ORDER
Ms. Rekha Rani, President
1. Instant complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (in short the ‘Act’) as amended up to date alleging therein that the complainant was a student of Educomp Raffles Higher Education Ltd.(in short OP). OP offered 3 years Bachelor of Design with major in Fashion Designing Course. The OP issued a letter dated 30.06.2014 to the complainant thereby confirming her entry into the said course. Complainant has paid Rs. 16,29,701/- to the OP. On 20.05.2016, OP sent an e-mail to the complainant along with other students stating that OP was not advised on their audit date and that without the audit OP was advised to halt the conduct of the degree modules with effect from July, 2016. OP gave three options to the students; Option 1: Transfer to OP college of higher education, Option 2: Deferment from OP Delhi and Option 3: Exit after completion of Advanced Diploma program. Under option 3, OP offered one-time compensation of Rs. 10,00,000/- to the students and the said students could not continue with any degree program with OP and had no subsequent claims etc. Complainant chose option 3- Exit after completion of Advance Diploma Program with a one-time compensation of Rs. 10,00,000/- vide her e-mail dated 05.09.2016. She sent a reminder e-mail on 02.08.2016 to OP requesting the OP to give compensation. OP vide their e-mail dated 25.08.2016 acknowledged the receipt of e-mail of the complainant dated 02.08.2016 and stated that the same had been forwarded to the management of the OP and the decision of the OP management was awaited. OP vide their letter dated 02.03.2017 addressed to the complainant stated that one-time payment of Rs. 10,00,000/- was subject to confirmation of agreement and acceptance and it was stated that the said payment will be deposited into the account of the complainant within 14 days after the signing of the requisite letter which the complainant signed on 11.03.2017. It is further pleaded that complainant vide its e-mail dated 05.06.2017 informed OP that Deed of Assignment had been sent by courier on stamp paper with signature of the complainant and that she had completed all the documentation formalities. OP acknowledged the receiving of all the documents of the complainant vide its e-mail dated 06.11.2017. It is further submitted that the complainant was following up with OP for compensation of Rs. 10,00,000/-. She sent a legal notice dated 30.07.2017 to the OP demanding the same but OP did not reply to it. She sent a reminder legal notice dated 16.08.2017 which was duly received by the OP on 24.08.2016 but OP did not give compensation of Rs. 10,00,000/- to the complainant as promised. The complainant then filed instant complaint seeking direction to OP to pay promised compensation of Rs. 10,00,000/-, Rs. 50,000/- as litigation expenses and Rs.2,00,000/- as compensation for causing mental agony and harassment.
Notice of the instant complaint was issued to the OP. Mr. Mohd. Nisar, AR of OP appeared and filed authority letter. He was directed to file reply within statutory period which he failed to do and thereafter the OP was proceeded ex-parte. Complainant filed evidence by way of affidavit. We have heard Sh. Vikas Nautiyal, counsel for the complainant.
Complainant has placed on record legal notice dated 30.07.2017 sent to OP in which she had clearly mentioned that she got admission in a 3 year bachelor of Design with major in Fashion Design offered by OP and had deposited requisite fee. She further, intimated OP vide the said legal notice that she had provided all the documents demanded by OP but OP had not made the said payment as promised. She also placed on record copy of the reminder legal notice reiterating her submissions as stated earlier. Both notices were served upon OP by India Post service.
Complainant has placed on record an e-mail of OP dated 20.05.2016 vide which the students were to choose one of the mentioned options. She has further placed on record her e-mail dated 05.07.2016 vide which she opted for Option 3 and requested for a compensation of Rs. 10,00,000/- as offered by OP.
Vide Annexure C/6 dated 14.05.2017 OP informed the complainant that her e-mail had been forwarded to the management and OP was awaiting decision of the management. Complainant has placed on record copy of letter of OP vide which OP acknowledged having received requisite documents to process payment of Rs. 10,00,000/- as compensation to her.
Learned counsel for complainant cited Krishan Mohan Goyal v/s St. Mary Academy &Anr Revision Petition No. 3144 of 2016 dated 17.02.2017 wherein National Commission after discussing various judgments namely
Regional Institute of Cooperative Management Vs. Naveen Kumar Chaudhary, RP No.638 of 2014 decided on 02.5.2014;
Bihar School Examination Board Vs. Suresh Prasad Sinha, IV (2009) CPJ 34
(SC);
Maharshi Dayanand University Vs. Surjeet Kaur, Civil Appeal No. 6807 of
2008 decided on 19.7.2010;
P.T. Koshy & Anr. Vs. Ellen Charitable Trust & Ors., SLP (Civil) No.
22532/2012 decided on 09.08.2012;
Controller, Vinayak Mission Den. Col. & Anr. Vs. Geetika Khare, Civil Appeal No.5213-5214 of 2010 decided on 09.7.2010.
held the management school (OP) guilty of deficiency in providing emergency care to its students.
Since the claim of the complainant has been duly supported by her affidavit and other documents placed on record, we have no reason to disbelieve it OP has chosen not to contest her claim dispute being duly served with notree of the claim. Accordingly prayer for grant of Rs. 10,00,000/- as compensation which was offered by the OP is granted. Since OP did not bother to fulfill its promise and compelled the complainant to file the instant complaint and incur litigation cost, we thereby grant Rs. 25,000/- as litigation cost and Rs. 50,000/- as compensation for causing her mental agony and harassment. OP is directed to make the said payment within 30 days from today failing which interest @ 9% per annum from the date of admission of the case in this forum till realization will be payable by OP to the complainant. Copy of this order be sent to the parties as statutorily required. File be consigned to record room.
Announced on this _____ Day of _____ 2018.
