Date of Filing: 19.02.2011
Date of Order: 13.05.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20
Dated: 13TH DAY OF MAY 2011
PRESENT
Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.
Smt. D. LEELAVATHI, M.A.LL.B, Member.
Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.
COMPLAINT NO: 325 OF 2011
Amruta Mohanty
# 227, Himagiri Meadows
Gottigere, Bannerghatta Road
Bangalore 560 083 Complainant
V/S
1. Institute of Clinical Research (India)
Bangalore Campus
242A, 13th Cross, CMH Road
Indiranagar 2nd Stage, Bangalore 560 038
Rep. by Admission in-charge
Dr. Bharati Garg
2. Dr. Bharti Garg
Institute of Clinical Research (India)
Bangalore Campus
242A, 13th Cross, CMH Road
Indiranagar 2nd Stage, Bangalore 560 038
3. Maj. Gen. (Dr.) M Srivastava
Director – ICRI Health
Corporate Office
Institute of Clinical Research (India)
84-F, C6 Lane, Central Avenue
Sainik Farms, Delhi 110 062
4. Rajiv Verma
Chief Operating Officer (COO)
Corporate Office
Institute of Clinical Research (India)
84-F, C6 Lane, Central Avenue
Sainik Farms, Delhi 110 062 Opposite Parties
ORDER
By the President Sri S.S. Nagarale
This is a complaint filed by the complainant seeking refund of Rs. 31,000/- with compensation.
The facts of the case as narrated by complainant are as follows:
“I, the above named complainant respectfully state before the Hon’ble Forum the complaint as follows:
Following an advertisement in Times of India Bangalore edition on 28th June 2010, I took admission for MBA in health care management from Prist University being offered by ICRI, Bangalore on 6th July 2010.
At the time of admission I was told by Dr. Bharti Garg, the admission in charge at ICRI, Bangalore that classes will start on 30th August 2010. When I called her in August she told me classes are postponed and they will start on 7th October 2010.
In September 2010 she told me that MBA in health care management course is not being offered, because of some management problems. Dr. Bharti Garg offered me to take admission in some other course, which I declined as those courses were not related to Healthcare Management and I was not interested in them. At that time she promised me to refund the money which I have paid them Rs. 30,000/- towards reservation fee and Rs. 1,000/- towards admission form.
Subsequently, she kept on promising different dates whenever I called her for the refund. Last time I was told that I will receive the cheque in the 1st week of December 2010. When I didn’t receive the cheque I called ICRI Bangalore office on 23.12.2010. Despite my repeated attempts to speak to Dr. Bharti Garg, she didn’t talk to me and I was told by the receptionist that they don’t refund any fee and banged the phone on me.
I have complained to Maj. Gen. (Dr.) M Srivastava Director – ICRI Health and Mr. Dinesh Aggarwal, Chief Finance Officer (ICRI) about the harassment caused to me by email on 1st February 2011 but there was no response from them either.”
Hence, the complainant has prayed for refund of Rs. 31,000/- paid by her with compensation of Rs. 60,000/- for mental agony and harassment and cost of litigation.
2. After admitting the complaint notice was sent to opposite parties. Notice was served by registered post. When the case was set for appearance of the opposite parties on 18.04.2011 none of the opposite parties appeared before this forum. Therefore, opposite parties placed as exparte. The complainant who appeared in person submitted argument.
3. Perused the complaint and documents.
4. The complainant has produced receipt dated 06.07.2010 to show that she has paid Rs. 30,000/- for reserving the seat in the opposite parties’ institution. This amount has been paid through cheque drawn on HDFC bank. Complainant has produced HDFC statement to show that cheque has been realized. The complainant has produced selection letter dated 06.07.2010 of opposite parties. She has also produced PRIST university letter. The complainant has produced another letter of opposite party stating that MBA in Health care management and the course fee is Rs. 3,85,000/-. On registration the candidate has to pay Rs. 30,000/- in the first year. Since, the opposite parties informed the complainant that Health Care Management course is not offered and classes not conducted, the complainant intimated the cancellation of the admission and reservation and requested for refund of the amount paid by her. Though Dr. Bharathi Garg offered to refund the amount but the opposite parties have not taken steps to refund the amount so far. The complainant has produced e-mail correspondence and requested for return of the fee paid by her. But, unfortunately, the opposite parties have not taken any positive steps as per the commitment and obligation. The complainant has cancelled the admission and intimated the same to the opposite parties and requested for refund of the reservation fee which becomes the duty and obligation of the opposite party to return the amount immediately. But it is very unfortunate that the opposite party failed in its duty and committed deficiency of service. The opposite parties are not authorised in law to retain reservation fee paid by the student when the student has cancelled the admission. Complainant is definitely entitled for refund of reservation fee paid by her from the opposite parties. Complainant has also prayed refund of Rs. 1,000/- paid towards admission form. This amount may not be possible to return to the complainant. Because this is a fee paid towards admission form. The complainant has prayed compensation of Rs. 60,000/- for mental agony and harassment. She has not specified as to how and in what manner she suffered mental agony, harassment or financial loss etc. to claim compensation of Rs. 60,000/- from the opposite parties. Therefore, on the facts of the case I do not feel justified to grant compensation. However, the opposite party is bound to refund Rs. 30,000/- with reasonable rate of interest from the date of receipt of the amount till the date of refund. In the result I proceed to pass the following:
ORDER
5. The complaint is allowed. The opposite parties are directed to refund Rs. 30,000/- to the complainant along with 6% interest p.a. from 07.07.2010 till the date of refund / realisation within 30 days from the date of this order.
6. The complainant is also entitled for Rs. 1,000/- as costs of the present proceedings from the opposite parties.
7. Send the copy of this Order to both the parties free of costs immediately.
8. Pronounced in the Open Forum on this 13TH DAY OF MAY 2011.
Order accordingly,
PRESIDENT
We concur the above findings.
MEMBER MEMBER
