DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.193/2014

Sh. Suraj Kumar

S/o Mr. Amar Nath Jha

R/o RZ-A-93/A, Sutapuri Part-I,

Near Dabri Police Station,

New Delhi-110045                                                ….Complainant

Versus

1.       Indian Institute of Planning & Management (IIPM)

          Satbari, Chandan Haula

          Chhattarpur, New Delhi-110074

          also at:

          Indian Institute of Planning & Management (IIPM),

          Qutub Institutional Area, Katwaria Sarai,

          New Delhi

3.       Mr. Arindam Chaudhari

          Director

Indian Institute of Planning & Management (IIPM)

          Satbari, Chandan Haula

          Chhattarpur, New Delhi-110074

4.       Mrs. Rajita Chaudhari

          Director

          Indian Institute of Planning & Management (IIPM)

          Satbari, Chandan Haula

          Chhattarpur, New Delhi-110074

  ……Opposite Parties

                                                          Date of Institution          : 22.05.14                                                         Date of Order        : 01.07.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

Sh. S.S. Fonia, Member

O R D E R

Briefly stated, the case of the Complainant is that he met with one Deepika Kharakwal for counseling in OPs office and she assured him that the integrated course of 3 years BBA/MBA is approved by UGC. He met with the admission in-charge of OPs and he had deposited an amount of Rs.1 lac in two installments i.e. Rs.25,000/- and Rs,.75,000/- in cash on 10.04.13 and 14.05.13 respectively. The OPs informed him that the batch of 2013-2016 will start from 01.08.13 but the session was delayed for one month. The OPs pressurized him to deposit 1^st  installments of Rs.78,000/- which was paid to the OPs on 17.08.13 and the OP issued a provisional receipt dated 21.08.13. The batch was started on 03.09.13.  His father was willing to get the education loan and at the time of admission the OP No.1 assured him that they will help in getting the education loan from any bank but the OP No.1 did not provide any document for education loan. After joining the class, the OP No.1 further directed him to pay 2^nd  installment of Rs.1,39,400/- without completing the 1^st semester. To avoid any controversy, he paid the 2^nd installment on 18.10.13. He was shocked and surprised to know that the OP’s institute was not affiliated with the UGC and they kept him in dark and taken advantage of his belief.  There was no faculty member and they were not provided any study material. He met with the concerned official of the OPs and protested regarding withholding the amount of Rs.3,17,400/- and requested to refund the amount but the OPs did not hear the Complainant. He filed a complaint with the police on 22.01.14 to the SHO P.S. Fatehpur, South District.  Thereafter the management of the OP No.1 approached the Complainant for settlement and refunded an amount of Rs.2,17,400/- on 12.03.2014 to the Complainant but amount of Rs.1 lac is still outstanding against the OPs.  OPs have grabbed/swallow the hard earned and spoiled a precious year of the Complainant. Hence, pleading deficiency in service and unfair trade practice on the part of the OPs, the complaint has been filed with the following prayers:-

1. Direct the OPs to refund a sum of Rs.1 lac alongwith interest @ 18% per annum to the Complainant.
2. Direct the OPs to pay to the Complainant a sum of Rs.2 lacs for harassment, false promises, misrepresentation, misappropriation of funds, consuming valuable times as well as mental agony suffered by the Complainant.
3. Direct the OP to pay the cost of the proceedings.

OP No.1, 3 & 4 have been proceeded exparte vide order dated 10.04.15.

OP No.2 has been given up by the Complainant.

Complainant has filed his own affidavit in exparte evidence.

We have heard the Complainant and have also gone through the file very carefully.

Complainant has placed on record copies of provisional receipts Ex. CW1/2 and CW1/3 issued by the OPs institute which show that the Complainant had taken the admission in ICHE-UGP (C) Programme at IIPM New Delhi. The Complainant vide letter dated 06.12.13 (copy Ex.CW1/5) filed an application for refund of the amount paid to the OPs. He has placed on record a copy of the complaint made by him to the Commissioner, Delhi Police on 22.01.14 (copy Ex.CW1/6). The OP vide letter dated 29.01.14 informed the SHO P.S. Fatehpur, New Delhi that after deducting the retention amount of Rs.1 lac the balance amount of Rs.2,17,400/- would be issued by 10.03.14 (we mark it as Mark AA). He has further placed on record a letter dated 31.01.14 (we mark it as Mark BB) which shows that the Complainant was ready to accept the amount of Rs.2,17,400/- for the settlement of the complaint lodged by him at Fatehpur Police Station in complaint No.116-LC dated 23.01.14.

In view of the above, it is evident from the record submitted by the Complainant that he had filed a complaint before the Police Commissioner, New Delhi and the OPs had refunded an amount of Rs.2,17,400/- after  deduction of retention amount of Rs.1 lac which was accepted by the Complainant.  Hence, to file a case for Rs.1 lac is not correct as he had already accepted the amount of Rs.217400/- towards full and final settlement. No case of deficiency in service is made out. Accordingly, we dismiss the complaint with no order as to costs.  

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

(S. S. Fonia)                                                                   (Naina Bakshi)                                                                                     (N. K. Goel)

Member                                                                            Member                                                                                              President

Announced on    01.07.16