DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

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

(Behind Qutub Hotel), New Delhi-110016

Case No.250/2016

Shri Qasim Riyaz

S/o Mustkhar Ahmad

R/o A-123/1, Ambedkar Colony,

Chattarpur, New Delhi-110074                                      ….Complainant

Versus

1.  IIPM (Indian Institute of Planning & Management)

International Campus, Satbari, Chandan Haula,

Chatterpur, Bhatimines Road, New Delhi -110074.

2.  Prof. Arindam Chaudhary

Hony. Dean Centre for Economics Research & Advance Studies, IIPM Founder Director IIPM, IIPM International Campus

Satbari, Chandan Haula, Chatterpur,

Bhatimines Road, New Delhi-110074          

      ….Opposite Parties

                                                             Date of Institution       : 03.08.16        Date of Order      : 15.12.18   

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Briefly stated facts of the complaint are:-

1.1     The complainant, Shri Qasim Riyaz took admission in Indian Institute of Planning and Management (OP) hereinafter referred to as OP-1 after passing the entrance test for full time post graduate programme in Planning and Entrepreneurship for session for 2011 to 2013 Delhi.

1.2     The complainant was informed by OP that he has to pay a nonrefundable retention fee of Rs.40,250/- which was paid by the complainant on 18.01.2011 and further paid the first semester pay fee of Rs.1,10,685/- on 07.02.2011. After payment of first semester fees, OP told the complainant to pay fee of all four semesters which was finally paid by the complainant. Copy of the payment receipts are annexed as Annexure-C. It is further stated by the complainant that in the selection letter dated 07.01.2011, OPs mentioned that there was special arrangement between HDFC Bank Ltd. and OPs and Credila Financial Services under which students had the option of availing educational loan. However, complainant managed to get loan from Oriental Bank of Commerce to pay his fees.

1.3     After paying the full fees, the complainant joined classes and started pursuing his post graduate programme. The complainant kept sincerely attending all the classes but the OPs did not conduct the semester exam and when the year 2011 was about to end, the complainant and others students raised their voices against management. It was after raising the voice that OPs informed the students that that they were unable to hold the semester exam as there was some problem with University Grant Commission and it will be sorted out very soon. Later in the end of 2011, OPs conducted semester exam in Gulbarga University but no result was declared and given to the students.

1.4     It is further stated that students were very upset about the conduct of OPs as their career was at stake because year 2012 was about to end and management had not conducted any semester exam. Only one semester exam was conducted by Gulbarga University which had not given the result. It was again the students raised hue and cry against the management and in December, 2012 OPs again arranged semester exam in Mahatma Gandhi University and all four semester exam were taken at the same time.

1.5     It is next stated that even after lapse of five years (2011 – March 2016), no degree/ certificate of post graduate programme in Planning & Entrepreneurship has been provided to the complainant. Complainant alleges that OPs have illegally retained Rs.4,80,000/- as retention fee alongwith the course fee and did not provide any certificate or degree. It is next stated that when the complainant did not receive any degree / certificate till 2015, the complainant researched and was shocked to know that there was a public notice dated 31.07.2010 whereby UGC had informed the public at large and students that Indian Institute of Planning and Management New Delhi is not a university within the meaning of Section 2(f) of the University Grant Commission Act, 1956. Further, as per section 22 of University Grant Commission Act 1956, that Indian Institute of Planning and Management New Delhi does not have right to conferring or granting degrees as specified by the University Grant Commission under Section 22(3) of the University Grant Commission Act, 1956. It is further clarified for information that Indian Institute of Planning and Management is neither entitled to award BA/BBA/BCA degree nor it is recognized by University Grant Commission, MHRD and AICTE. The copy of University Grant Commission public notice and other supporting documents are annexed as Annexure-E.

1.6     In 2015, complainant also came to know that Andhra Pradesh State Council of Higher Education vide letter dated 17.07.2010 written to OPs (Indian Institute of Planning & Management) for illegally running IIPM in A.P. without recognition of statutory body. The copy of the said letter is annexed as Annexure-F.

1.7     Aggrieved by the circumstance above, complainant approached the Forum with the prayer that OP be directed to pay Rs.4,80,000/- being the retention fees and tuition fees, Rs.4,21,106/- as interest on above fees from 2011 till 2015 as the complainant has been paying interest on education loan to the bank. It is further prayed that OP be directed to pay Rs.5,00,000/- by way of compensation towards the academic loss, harassment, mental agony suffered by the complainant and Rs. 11,000/- towards legal cost and other expenses.

2.       Notice was duly served to the OPs but none put an appearance on behalf of the OP to contest the case of the complainant. Hence, OPs were proceeded exparte vide order dated 17.05.2017.

3.       Complainant filed exparte evidence as well as exparte written arguments. Complainant reiterates whatever is stated in the complaint as well evidence by way of affidavit.  

4.       Arguments on behalf of the complainant have been heard and record perused.

5.       Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.

7.       It is quite evident from the complaint that the complainant took admission in OPs institute for a full time post graduate programme in Planning & Entrepreneurship for the session of 2011-2013.

8.       The complainant paid non-refundable retention fee of Rs.40,250/-  and further rest of the fee i.e. Rs.4,30,750/- was paid to OPs institute towards tuition fee which was paid in four installments. After taking admission in the course, the complainant regularly attended the classes but the OPs did not conduct any semester examination till the end of year 2011 and it was only after students’ agitation that they held semester exams under Gulbarga University whereby no result was declared for that semester.

9.       The complainant next alleged that OPs did not again conduct any semester exam till the end of year 2012 and it was after lot of hue and cry and protest by the students that OP held the exams for four semesters together under the aegis of Mahatama Gandhi University, Meghalaya. Complainant has placed on record the mark sheet of the four semesters all dated 16.03.2015 issued by Indian School of Business and Economy. Further a mark sheet by Mahatma Gandhi University and by Gulbarga University have also been annexed.

10.     It is next alleged that the complainant despite paying the full fees, attending the classes of OPs institute regularly and appearing in the semester exams, has till date not received any degree/ certificate of the post graduate programme in Planning and Entrepreneurship. After not receiving the degree/ certificate after so many years, on researching about the OP, complainant found that the OPs institute was not recognized by University Grants Commission wherein he got to know about public notice issued by University Grants Commission dated 31.7.2010 whereby students and public at large were informed that-

“IIPM New Delhi is not a university within the meaning of section 2(f) of the University Grants Commission Act, 1956. Further as per section 22 of the University Grants Commission, Act, 1956 the Indian Institute of Planning and Management (IIPM), New Delhi does not have right of conferring or granting degrees as specified by the University Grants Commission under Section 22(3) of the University Grants Commission Act. It is further clarified for information that Indian Institute of Planning and Management is neither entitle to award BA/BBA/BCA degree nor it is recognized by UGC, MHRD and AICTE”.

11.     Complainant placed on record another letter dated 19.07.2010 by Andhra Pradesh State Counsel Higher Education wherein explanation is sought from IIPM, Hyderabad alleging that the institution has been functioning by offering various academic programmes violating the provisions of AP Education Act and Regulations of the Central Agencies.

12.     This Forum is of the opinion that OPs malafide intention is evident from the fact that OP was very well aware that since 2010 OPs institute is not a university and it can neither award any BA/BBA/BCA degree nor it is recognized by UGC, MHRD and AICTE. Despite having knowledge of this fact, OPs still admitted the complainant in question and charged fees for full two year course for the period of 2011 to 2013. This amounts to gross unfair trade practice as well as deficiency of service. The complaint is, thus, allowed with direction to OPs to pay full tuition fees i.e. Rs.4,30,750/- paid by the complainant along with interest @ 9% p.a. from 18.01.2011 till the date of realization and Rs.20,000/- towards compensation for mental pain, agony and legal expenses.

14.     OPs are directed to pay the complainant within a period of 30 days from the date of receipt of the copy of this order failing which the OPs shall become liable to pay interest @ 12% p.a. on the aforesaid amount from 18.01.2011 till the date of realization.

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.

Announced on 15.12.18.