Date of Filing: 18.03.2020
Date of Judgment: 04.08.2022
Mrs. Sashi Kala Basu, Hon’ble President
This complaint is filed by the complainants, Ms. Ishita Chakraborty and Shri Jagananth Chakraborty, under section 12 of the C.P Act, 1986 against the Opposite Parties (referred to as O.Ps hereinafter) namely 1) M/s Indian Institute of Aircraft Engineering, 2) Shri Ajay Kumar, director of IIAE, alleging deficiency in service and unfair trade practice on the part of the O.Ps.
The case of the complainants in short is that O.P no.1 i.e Indian Institute of Aircraft Engineering, published a pamphlet /booklet for their academic programme, 4 years License Program on Aircraft Maintenance Engineering (AME) , claimed to be regulated by Director General of Civil Aviation (DGCA), Ministry of Civil Aviation, Government of India. The complainant no.1 having attained the eligibility criteria spelt out in the said pamphlet applied on-line along with requisite fee for sitting in All India AME Entrance Examination (AIAEE), 2018 which was held at the examination centre at Kolkata on 29.04.2018. By an email complainant no.1 was informed by the O.P no.1 that she had been declared qualified for the admission at IIAE, Sonepat, Haryana and accordingly she was invited for counselling-cum-admission on 29.05.2018 at 2p.m. She was also asked to deposit the fee to secure admission at the time of counselling-cum-admission which was done by the complainant no.2 being the father of the complainant no.1 and it was directed that balance amount of Rs. 2,09,000/- was to be deposited within 7 working days from the date of the said counselling. The total fee was Rs. 3,73,000/-. Complainant also submitted the original mark sheet and certificates of 10th and 12th class in pursuance of IIAE reference dated 12.5.2018 read with letter dated 29.05.2018 . Complainant no.2 made the payment of full amount of Rs.3,73,000/- . On 1.8.2018 complainant no.1 accompanied by her father complainant no.2 went to Sonepat campus which was situated at remote place with poor communication and without any marketing and medical facilities. The campus itself was short of what has been advertised in the IIAE pamphlet. The lecture delivered on 1.8.2018 appears to be of non-academic personnel and that too unrelated with academic course . Complainant no.1 also had to pass a sleepless night on 01.08.2018 at the Hostel which was almost a breeding place of insects and badly unhygienic. So, under such circumstances complainant no.1 had no other option but to withdrew herself from IIAE course which was reported to the concerned personnel looking after Sonepat campus on 2.8.2018 with a request to return the documents especially the 10th and 12th pass certificate and mark sheets. With much persuasions and correspondences those certificates were returned to the complainant but she was not refunded the sum paid by the complainants. Complainant no.2 also furnished his bank account for depositing the refundable amount by the O.P no.1. But by a letter dated 5.12.2018 O.P no.1 expressed regret to refund the sum of Rs. 3,73,000/- . However, O.P no.2 vide his letter dated 26.02.2019 revised the decision stating that they would refund Rs. 3,06,000/- only after deducting a sum of Rs. 67,000/-. But the said amount has not been paid and refunded to the complainants till the date of filing the complaint. The complainant has also claimed that they had filed an application under R.T.I Act before CPIO, DGCA, New Delhi on 10.09.2018 and in reply it was informed that IIAE is the DGCA approved AME Training Institute under CAR-147 (Basic) , wherein copies of Approval certificate, Approval Schedule and its validity had also been enclosed. Enclosed Approval Certificate for Basic Maintenance Training Organisation issued by the office of the DGCA showed that the same was issued on 9.8.2018 and corresponding validity of approval showed that the validity period of approval was from 9.8.2018 to 16.7.2023. So, according to the complainants on the date of publication of pamphlet entrance examination, counselling process at IIAE, Sonepat Campus was not approved at the material period of time since the institute got its approval only on and from 9.8.2018. So, as there has been deficiency in service and unfair trade practice on the part of the O.Ps, the present complaint has been filed by the complainants praying for directing the O.P nos. 1 and 2 to make payment of Rs. 3,73,000/- paid by the complainants, to pay interest at Nationalised Bank rate, to pay Rs.80,000/- towards legal expenses and travelling expenses and to pay Rs. 7 lac as compensation for mental agony suffered by the complainants.
On perusal of the record it appears that the notices were sent but no step was taken by the O.Ps and thus case was directed to be proceeded exparte.
During the evidence complainants have filed their evidence on examination in chief on affidavit and ultimately also filed BNA.
So, the only point requires determination is whether the complainants are entitled to the relief as prayed for.
Decision with reasons
In order to substantiate their claim that complainant no. 1 appeared in ALL India AME entrance Examination 2018 on 29.04.18 at examination centre of Kolkata and she was informed by OP No 1 through email dt 12.05.2018 that she was qualified for the admission at IIAE, Sonepat, Haryana and was invited for counselling cum admission at the Dwarka on 29.05.2018, Complainants have filed relevant email as well as admit card of Complainant No 1 and the result. It is also evident that in response to email Complainant No 1 attended the counselling process conducted by OP No 1 and she was informed that she was given admission for AME course starting 2018-2020 session in AVIONICS stream of IIAE approved by DGCA , Ministry of civil Aviation. The documents filed by the Complainant also reveal that the requisite fee of total sum of Rs 373000/- was paid by the Complainants.
Bone of contention in this case as agitated by the Complainants is that when on 01.08.2018 Complainant No 1 with her father (complainant no.2) went to Delhi office of OPno.1 and on being asked to go at Sonepat Campus, it was found that the said Campus was in a remote place with poor communication and without any medical facilities. It had poor infrastructure and course management was hardly there. So the standard was not found as was advertised in the IIAE pamphlet. Complainant no.1 has claimed that on 01.08.2018 she could not sleep in the hostel because of the insects and place being unhygienic. So being compelled she withdrew herself from IIAE course and reported to the concerned person on 02.08.2018 with a request to return the original documents of 10th and 12th class mark sheet and pass certificate . It appears from the relevant documents filed by the complainants that even though there has been delay in handing over of those documents by the OP but complainants could get it ultimately after much persuasion. Be that as it may , for the present case is restricted to non refund of the sum paid by the complainants only.
According to complainants, the confirmed admission could be withdrawn within 24 hours from the date of counselling and in that case it is admitted case of the complainants that fees would be refunded except counselling charges of Rs 15000/- and admission charges of Rs 35000/- thus total of Rs 50000/-.
It is evident from the documents filed by the complainants including the receipts that the complainants paid initially sum of Rs 80000/- on 29.05.2018, Rs 20000/- ( towards Hostel fee on 01.06.2018), Rs 209000/- on 04.06.2018 and Rs 64,000/- on 13.07.2018 so a total sum of Rs 3,73,000/- was paid. Even though from letter dated 12.05.2018 sent to complainant no 1 by Admission head of OP no 1 that as per conditions therein fee could be refunded except Rs.15000/- and Rs 35,000/- paid towards counselling charges and admission charges on withdrawal of confirmed admission within 24hrs from the date of counselling but the said letter reflects only about payment of fee of Rs 289000/- out of which it is stated Rs 80000/- was to be deposited at the time of counselling. The document is silent about payment made towards hostel charges of Rs 20000/- & Rs 64000/- respectively. However, since the letter dated 26.02.2019 sent to the complainant no.2 by the OP 2 being the Director of OP no.1 Institute, stating that they have accepted the withdrawal of complainant no.1 and have decided to refund an amount of Rs 306000/- after deducting a sum of Rs 67,000/- to which Complainant No 2 also has sent repeated Emails agreeing thereby for refund of approved sum Rs 306000/- only and has also provided his bank A/C number for deposit of the said amount by the OPs. We find no justification at this stage regarding the claims of the Complainants for refund of entire sum of Rs 373000/-. It cannot be ignored that due to with drawl of Complainant No 1, OP 1 lost one seat which could be allotted to other prospective candidate. So in such a situation Complainants are entitled to Rs306000/- along with interest on the said sum as compensation with effect from 13.05.2019 as by Email dt 13.05.2019 Complainants firstly asked for refund of approved amount but in spite of repeated mails sent and bank account no also provided by the complainant, OPs failed to deposit the approved amount.
So far as the claim of the complainants that as per approval certificate for basic maintenance training organization, issued by the office of DGCA that the validity of the approval showed that the same was issued on 09.08.2018 and validity of approval was from 09.08.2018 to 16.07.2023 and so IIAE , Sonepat campus was not approved at the Material period of publication of pamphlet, Entrance examination and for admission and commencement of classes on and from 01.08.2018 as the institute got its approval only on 09.08.2018, in this regard it may be pertinent to point out that the documents filed by the complainants also includes reply or information provided in an appeal filed by the complainant no.2 under RTI Act 2005. It appears from the said document dated 25.07.2019 that in reply to the question of the complainant whether Indian Institute Of Aircraft Engineering at PMCE campus, Kami Road, Sonepat, Haryana was granted approval at any time prior to 09.08.2018, it has been stated that “ Yes, Indian Institute Of Aircraft Engineering was approved earlier under CAR Section 2 Series E, Part VIII with validity up to 31.07.2019. Institute was granted approval in stream Avionics and Mechanical. So on consideration of the above mentioned document claim of the Complainants that OP Institute was not approved at the relevant period of Entrance Examination, counselling and admission as well as commencement of classes, cannot be accepted.
Thus in view of the discussions as highlighted above as the complainant no.1 had hired the service of OP, being an educational institute but they failed to refund the approved sum, OPs have been deficient in rendering service and thus complainants are entitled to refund of the said sum along with interest as compensation as already mentioned above in the judgment.
Hence
Ordered
CC/131/2020 is allowed ex parte. Opposite parties are directed to refund the sum of Rs 306000/- along with interest on the said sum @ 8% p.a with effect from 13.05.2019 to till this date, within two months from the date of passing of this order failing which the sum shall carry further interest @ 8% p.a till realization. OPs are further directed to pay litigation cost of Rs 10000/- within the aforesaid period of two months.
