BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Narinder Pal Singh s/o Sh. Jaswant Singh, R/o #2585, Sector 19-C, Chandigarh.

…..Complainant

                 V E R S U S

[1] HCMI Education (Healthcare Management International) through its Director, SCO No. 275, Top Floor, Near Nirman Cinema, Sector 32-D, Chandigarh.

[2] Emilio Aguinaldo College (College of Medicine) Emilio Aguinaldo Educational Corporation 1113-1117 San Marcelino St. Cor., Gonzales St., Ermita 1000 Manila, through Authorized Representative HCMI Education (Healthcare Management International) through its Director, SCO No. 275, Top Floor, Near Nirman Cinema, Sector 32-D, Chandigarh.

                      ……Opposite Parties

CORAM:   SH.P.D.GOEL                    PRESIDENT

         SH.RAJINDER SINGH GILL       MEMBER

         DR.(MRS).MADANJIT KAUR SAHOTA  MEMBER

Argued by: Sh. Deepak Aggarwal, Counsel for Complainant.

          Ms. Divya Sharma, Counsel for OP No.1.

           OP No.2 ex-parte.

PER DR.(MRS).MADANJIT KAUR SAHOTA  MEMBER

         The complainants have filed the present complaint under Sec.12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”.

         In nutshell, the case of the complainant is that after making his assessment regarding the educational qualification, OP-1 assured him that he was eligible for admission in MBBS Course in OP-2 College and accordingly, he deposited a sum of Rs.5000/- towards processing fees on 25.08.07, vide receipt (Annexure C-13).  It has been averred that OP-2 after considering his educational certificates and evaluation thereof, handed over a letter dated 31.08.07 (Annexure C-14), requiring him to submit the original certificates, along with a sum of US$ 3500, in favour of OP-1 towards tuition fee and US$ 7500 towards foreign student fee as per Annexure C-15. In pursuance of the said letter (Annexure C-14), the complainant submitted his original documents and deposited the aforesaid amount as required in the said letter with OP-1 against two receipts (Annexures C-16 and C-17) besides US$ 1000, as registration fee, vide receipt (Annexure C-18). 

         The complainant further averred that on the basis of letter (Annexure C-14), the OPs arranged valid visa of Philippines for him and thereafter, he booked tickets for Philippines and boarded the flight on 12.11.2007 for Manila. The complainant enrolled himself with OP-2 colleges and successfully completed the 1^st Semester. Similarly, while he was appearing in the last exam of the 2^nd semester i.e. Biochemistry, held on 24.10.2008, a Resolution No.491 of 2008 (Annexure C-23) was circulated to the students, issued by Commission on Higher Education (CHED), Republic of Philippines office of the President, in which it was stated that OPs have offered MBBS program inspite of absence of CHED, Memorandum order prescribing curriculum, of such program. Thereafter, the complainant raised the protest with the OPs on the grounds mentioned, duly in para No.9 of the complaint, upon which the OPs assured to do the needful, but they did nothing in the matter, which led to the institution of the instant complaint before this Forum.

2.         Notice of the complaint was sent to OPs seeking their version of the case.  

3.         OP No.1 in its written statement, while admitting the factual matrix of the case, pleaded that role of OP No.1, which is a Global Health Care Management Institution, is only that of a Facilitator, which helps the students to access quality medical education by providing information, guidance and counseling regarding various medical courses offered in the Philippines (Ann.OP-1/1 & OP-1/2). The assessment of the Complainant with regard to educational qualifications etc. and fact with regard to his eligibility for admission in MBBS course in OP No.2 College has not been disputed. The original certificates and fee so deposited by the Complainant was handed over to OP No.2 for formalizing the admission of the Complainant in MBBS course in OP No.2 College.

         The factum of successfully completion of 1^st Semester, admission in 2^nd Semester and appearing in 2^nd Semester examination and issuance of Resolution No. 491 of 2008 by CHED, Republic of Philippines (Ann.OP-1/4) have also been admitted. It was pleaded that the said Resolution was issued by the Government of Philippines, over which neither OP No.1 nor anybody else had any control. At the time of admission of the Complainant in the MBBS program, the said MBBS program was completely recognized by CHED and the eligibility criteria was changed later on by CHED, which resulted into abolition of the MBBS Program, effective from the academic year 2008-2009 (Ann.OP-1/5). Furthermore, on account of change of aforesaid eligibility criteria, the Complainant was assured of not losing unit earned on account of 1^st and the 2^nd semester of the MBBS Programs, as the same were to be adjusted in the B.Sc. Program. Therefore, the question of refunding the amount, which had been paid by the Complainant and in compensation for which the Complainant had also availed the services, could not have arisen. All other material contentions of the complaint were controverted. Pleading that there was no deficiency in service on their part, a prayer has been made for dismissal of the complaint.

4.         OP No.2 could not be served by ordinary process and was served by publication in ‘The Tribune’ dated 29.04.2011. It did not come present and was, therefore, proceeded against ex-parte vide orders dated 20.05.2011.

5.         Parties led evidence in support of their contentions.   

6.         We have heard the learned counsel for the complainant and OP No.1 and have also perused the record.

7.       The dispute between the parties in this complaint is that, OPs having offered MBBS Course to the complainant in the absence of CHED and Memorandum Order prescribing Curriculum of such Program. As a consequence to that Commission on Higher Education, Republic of Philippines, through its resolution, resolved the abolition of MBBS Course and resultantly, the complainant cannot complete his MBBS Program.  Moreover, he was asked to join B.Sc. (Biology), which was not part of contract between the parties.  The complainant received bolt from the blue when OP No.1 sent him letter dated 4.12.2008 (Ann.C-25) confirming the abolition of MBBS Program.  The relevant extract of said letter are reproduced below:-

“1. The decision to summarily abolish the MBBS Programme was made solely by CHED and neither the college nor HCMI Education has any control or influence over this decision

2.  The costs of running his double-degree programme are significantly higher than that for the MBBS Course.

3.  We had tried our best to avoid this increase, but the college after an exhaustive review has revealed that it is impossible to absorb the fee increase as had been explained in the letter from the university.” 

8.       The complainant contended that he is on the cross-roads of his career, which has been fully jeopardized, because of the cruel joke played by the OPs.  He has been forced to pursue his Graduation in Arts with no direction on the future of his career; as all the dreams of passing MBBS Course, have been shattered to ground.  Therefore, the act & conduct of the OPs, tantamounts to gross negligence as well as indulging in unfair trade practice on their part. Because they have offered MBBS Program, inspite of absence of CHED, Memorandum order prescribing curriculum of such program. 

9.       The decision of the Government of Philippines to abolish the MBBS Program, vide Resolution No.491 of 2008, was apparently on account of act and conduct of OP-2 College; who kept on alluring the aspirant youth, who are spending huge amount of funds under force majure circumstances; OPs consequently indulged in unfair trade practices by offering MBBS Programme, inspite of absence of CHED, Memorandum Order Prescribing curriculum of such program.

10.      The dispute between the parties lies in a narrow encompass, in which it is to be seen whether OP-2 College, where complainant was admitted through OP No.1, was duly following the curriculum issued by Commission on Higher Education, because the same was the condition precedent for the recognition granted (as per Annexure OP-1/3) to continue. 

11.      A bare perusal of Ann.OP-1/4 (Resolution No.491 of 2008 at Page 64) along with reply filed by OP-1, brought true facts to the light, to the extent, that OP No.2 College was totally negligent in performance of its duty and obligation.  The relevant part of Annexure OP-1/4 is reproduced below:-

    “WHEREAS, a number of medical schools in the Philippines have offered the MBBS program in spite of the absence of a CHED Memorandum Order prescribing the curriculum of such program;

    WHEREAS, the offering of such degree without the corresponding CHED-approved curriculum has led to concern and confusion regarding the capability to practice medicine in the Philippines and abroad;

WHEREFORE, upon motion duly made, seconded, and unanimously carried, the Commission En Banc adopted to resolve as follows:

RESOLVE, AS IT IS HEREBY RESOLVED, that the Commission approves the abolition of Bachelor of Medicine, Bachelor of Surgery (MBBS) Program effective S.Y. 2008-2009.”

12.      On account of the change of eligibility criteria (in the absence of not fulfilling the criteria laid down by CHED), the so-called MBBS students were compelled to join B.Sc.(Biology) Programme.  Resultantly, they have to shell out extra funds and time. The letter (Ann.OP-1/5) in which these MBBS students are considered, to compel with the instruction at Point No.6 states as under:-

“6. The duration of the BS Biology program for this group of students should not be less than three (3) semesters and one (1) summer or a minimum total of ninety-two (92) units.”  

13.      Subsequently, as a consequence to the said happenings, HCMI terminated the Agreement w.e.f. 14.1.2008 vide Ann.OP-1/6.

14.      Having perused the documents submitted by the complainant subsequently, in support of his case, (Ann.A-1 to A-4) at Page-4 under the heading MBBS Program of the instruction in question, it has been boldly printed “COMMITTED TO VALUABLE EDUCATION”.  Further, at Page 12, under the heading of ACCREDITATIONS, it has been mentioned “..It is granted full accreditation by the Commission on Higher Education (CHED).  It is also fully recognized and listed by both the World Health Organization (WHO) and the Educational Council for Foreign Medical Graduates (ECFMG), USA.”

15.      The above mentioned documents are self-explanatory as well as contrary to the happening, mentioned in the present complaint, which indicates the mal-intention of the OPs, who, firstly allured the aspiring youth by presenting green pastures, in the disguise of having bright career, then running away from the lawful responsibility, rather had misguided, by way of misrepresentation of facts. Once the complainant/ student has fulfilled all the preliminary conditions, paid exorbitantly, subsequently, devoted precious as well as valuable time, in order to fulfill his dream of getting MBBS Program; then his all hopes has been thrashed to the ground, for which the OPs cannot escape/wriggle out from their responsibility/ liability.  Furthermore, taking a ‘U’ turn from the initial commitments, that they are only felicitators and the decision of the said Government is not under their control. In this way, they simply show their helplessness to the aspiring youth, who had not only spent substantial amount, procuring by way of loan etc., but also could not make up the loss of valuable time for which, there is no substitute.  The callous/insensitive attitude of the OPs, not only, had played a cruel joke with the aspiring career of the complainant, but also misled him regarding the genuineness of the said program of MBBS Degree, especially when they assured him to get a valid degree, subsequently on competition of the course.

16.      OP-2 did not come present despite service through publication and has not chosen to contest the case; therefore, it was proceeded against exparte.  This indicates that they have nothing to say in their favour or defence, against the allegations made in the present complaint.

17.      Taking into account the above facts & circumstances, we opine that the grievance of the complainant is absolutely justified and deficiency in service as well as unfair trade practice, on the part of OPs is writ large and hence, they needed to be penalized for their deficient, wrongful act, as a result of which, the complainant had not only suffered financial loss as well as humiliation, but he was left on the cross-road of his career. Therefore, this complaint, having lot of merit, substance and weight, is hereby allowed in favour of the complainant and against the OPs.

         The OPs are, jointly & severally, directed to refund the amount paid to them by the complainant (US$ 3500 as Tuition Fee, US$ 7500 towards Foreign Student Fee and US$ 1000 as Registration Fee paid vide Annexure C-16 to C-18) i.e. net 12000 (Twelve Thousand) U.S.Dollars besides paying a sum of Rs.50,000/- to the complainant by way of compensation for the physical harassment and mental agony suffered by him at their hands.  They are also directed to pay litigation cost of Rs.25,000/-.

18.      This order be complied with by the OPs, jointly & severally, within a period of 30 days, from the date of receipt of its copy, failing which they would be liable to pay the above awarded amount, alongwith interest @ 12% p.a. from the date of filing of the present complaint i.e. 20.5.2010, till the amount is actually paid to the complainant, besides paying the litigation cost of Rs.25,000/-.

19.      Certified copies of this order be sent to the parties free of charge. The file be consigned.