Order-15.
Date-09/04/2018.
Shri Anupam Bhattacharyya, President.
The instant complaint has been filed by the complainant u/s.12 of the C.P. Act, 1986 praying for compensation of Rs.3,79,000/-.
The case of the complainant, in brief, is that the complainant for getting a quality Degree Course – B.Sc. in Fashion Technology & Designing got admitted at OP Global Institute of Fashion Technology which brand name is GIFT by paying Rs.39,900/- on 26-08-2014 for registration fee, admission fee and 1st instalment fee and thereafter, as per different instalments the course fees were paid as Rs.19,000/- on 25-08-2014, Rs.18,900/- on 10-10-2014, Rs.18,800/- on 19-02-2015, Rs.18,500/- on 21-04-2015, Rs.18,500/- on 22-06-2015. On the date of payment OP requested the complainant to sign few documents and papers but the contents of those papers were not disclosed before and told the complainant that it was for just formalities. Complainant was induced by the OP with an assurance of quality course provided by its brochure. As per the information provided by AICTE in the month of 5th February, 2017 before the final results of 3 years Degree course complainant came to know that the institute (GIFT) is a fake institute. Therefore, on 20th March, 2017 complainant by a letter to OP justiced demand from OP but no result. The cause of action arose on 05-02-2017 when the institute declared fake and finding no other alternative complainant filed the complaint for the deficiency in service and unfair trade practice against OP praying for compensation.
On the other hand, OP by filing written version stated that OP is an approved study centre of one Pan India Education which is a Collaborative Institute of the Karnataka State Open University vide letter dated 28-11-2013 and in this respect this University signed Memorandum of Understanding on 12-08-2014 and issued certificate dated 14-11-2013 and subsequently, issued a letter dated 30-04-2014 to the said Pan India Education approving the OP as its Study Centre. It was mentioned under Clause 4 of the said MOU that it would be valid for a period of 5 years but suddenly vide a notification no.UGC/DEB/8/KSOU/1/2015 dated 16-06-2015 issued by the University Grant Commission had discontinued the recognition of the academic programmes being conducted by Karnataka State Open University and the said programme have not been recognized beyond the batch of 2012-2013. Thereafter, Karnataka State Open University issued a notification bearing No.KSOU/AB/EST-1/236/2011-2012 dated 01-07-2015 discontinuing the recognition given to private institutions to run the courses of Karnataka State Open University and the same courses were withdrawn by the University even later on 21-09-2015 and no steps were taken by the said University to rectify its wrong. GIFT is the authorized service centre of KSOU and OP appeared to have transferred money to KSOU to enroll the names of the candidates. OP was found innocent and there are no laches and/or deficiency of service on their part. OP has preferred a Writ Petition under Article 226 of the Constitution of India before the Hon’ble Court, being W.P. No.4237 (W) of 2017 which is still pending. Complainant is not entitled to obtain any compensation from OP. Therefore, the complaint is liable to be dismissed.
Considering the pleading of both sides the following points have been raised.
Points for Decision
- Whether the case is maintainable in its present form and law?
- Whether there is any cause of action to file the case?
- Whether the case is barred by limitation?
- Whether the complainant is entitled to get the relief as prayed for?
- What other relief/reliefs the complainant is entitled to get?
Decision with Reasons
Point Nos.1 to 5 . All the points are taken up together for the brevity of discussion and convenience.
The instant complaint is for compensation of Rs.3,79,000/-.
The complainant’s main case is that the complainant being convinced with the assurance and promise of 3 years degree course of B.Sc. degree in fashion technology and it is nothing providing brochure was admitted paying Rs.39,900/- on 26-06-2014 towards registration fee, admission fee and first instalment fee. Thereafter, he paid course fees on different dates amounting to Rs.93,700/- and in total he paid Rs.1,33,600/- time to time and in the month of February, 2017 before final result, mark-sheet and certificate before publication of final result mark-sheet and certificate the institute was flashed to be one of the fake institutes. Thereafter, on 20-03-2017 the complainant wrote a letter to the OP for refund but no result and ultimately complainant sent demand notice with the OP on 20-03-2017.
On the other hand, the OP’s main case is that the OP Institute is an approved study centre of Karnataka State Open University vide letter dated 28-11-2013 and memorandum of understanding was issued on 12-08-2014 which was valid for 5 years but suddenly notification dated 16-06-2015 issued by UGC the recocognition of the OP Institute was discontinued beyond the batch of 2012-13. Thereafter, Karnataka State Open University issued the notification dated 01-07-2015 discontinuing the recognition given to the Pvt. Institute. OP had no laches or deficiency on their part. OP preferred a writ petition before the Hon’ble High Court which is still pending.
On the date of final hearing argument on 22-02-2018 the OP has filed a petition praying for treating the document annexed with this petition as additional evidence.
On the other hand, the complainant has filed written objection against this petition with the averment that the affiliation under UGC and some mark-sheets are still pending unless the final degree-course mark-sheet and certificate is given does not hold any value. The OP is trying to create baseless ground and has prayed for rejection of the petition filed by the OP for treating the documents as further evidence.
In this case UGC and KSOU are not impleaded and further it appears from the documents annexed with the petition filed by the OP on the date of hearing argument on 22-02-2018 for treating the same as further evidence.
Those documents are copy of FIR, Admission Form of One Ankita Mondal who is not the complainant and the admission form of the complainant along with copy of mark-sheet of first semester and 3rd semester and the copy of petition filed by complainant addressed to the OP acknowledging the receipt of the mark-sheet for 3rd semester without raising any objection or allegation against the OP.
Further there is order of Hon’ble High Court dated 06-03-2017 where the matter was fixed “For Orders fairly and at the top in the combined monthly list of April, 2017.
There is no stay order of the Hon’ble High Court relating to this case.
The main case of the complainant is “that the career of the complainant was ruined for discontinuation of the course for the disclosure of the institute as fake institute, where the complainant was admitted as per brochure and assurance of the OP for better course and also with the assurance of bright career and placement of service after completion of degree course and for that they deposited Rs.39,900/- at the time of admission towards registration fees and others and course fee were paid time to time amounting to Rs.93,700/-. .
From the documents adduced by both parties it is clear that complainant could not continue his course for the discontinuation of the course as the institute was declared fake and to that effect the complainant has adduced particular document where the name found in the list of fake institute.
The complainant has claimed that he has paid Rs.2,09,000/- out of 2,44,900/- towards the entire expenditure of the impugned course where from the vouchers filed by the complainant shows that she has paid only Rs.1,33,600/- in total.
This Forum has no other alternative but to rely upon the vouchers and for that we can safely conclude that the complainant is entitled to get return of Rs.1,33,600/- from the OP which has been established from the documents that the OP institution is declared as fake institution.
Considering the above facts and circumstances, we can safely conclude that the complainant is entitled to get return of Rs.1,33,600/- the amount deposited and for the damage of career, we are of view that the complainant is entitled to get compensation of Rs.1 lakh for unfair trade practice along with litigation cost of Rs.5,000/-.
On the basis of above discussions we find that all the points are disposed in favour of the complainant and, as such, the complainant is entitled to get Rs.1,33,600/- along with compensation of Rs.1,00,000/- for damage of career and litigation cost of Rs.5,000/-.
Hence,
Ordered
That the instant case be and the same is allowed in part on contest against OP.
The OP is directed to return Rs.1,33,600/- along with compensation of Rs.1,00,000/- for damage of career and litigation cost of Rs.5,000/- to the complainant.
OPs to comply the above order within 30 days from the date of this order, in default, the OPs to pay fine at the rate ofRs.100/- per day delay and the amount so accumulated should be deposited to this Forum.
Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision in C.P. Act.
