By Sri. Mohamed Ismayil.C.V, Member
The grievance of the complainant as follows:
1. In the year 2016, the complainant appeared for Kerala Medical Entrance Examination and secured 2321st number rank thereby got admission for MBBS course in the self financing Medical College of the opposite parties. The second opposite party is the managing director of the first opposite party . The complainant was admitted in the government merit reservation quota after considering her rank in the entire examination and she paid Rs.2,50,000/- as tuition fee and another sum of Rs.2,00,000/- as hostel fee to the opposite parties for the first year course. After the completion of first year but before attending the examination , she paid another Rs.4,01,430/- to the opposite parties as fee and other expenses for the second year course. After making the payment second year batch started . But opposite parties failed to get recognition of the course from the Medical Council of India after the inspection. Hiding this fact of non- recognition of the course of the course, the opposite parties admitted the complainant and other students for MBBS second year by collecting huge fee and thereby spoiled the future career of the complainant and others. The professors and departments head of the opposite parties left the college after the none recognition of 2017 batch.
2. After the failure in getting recognition and approval of medical council of India, most of the departments of the opposite party were closed. The pathetic situation of the students informed the opposite parties, but they did not turn-up and subsequently the students including this complainant adopted legal steps to and approach Hon’ble High Court of Kerala. The complainant and others pointed out the deficiencies and lack of infrastructures in the college and on account of which they were unable to carry on their studies. So after considering the situation Hon’ble High Court of Kerala ordered to admit the students studied in the institution of the opposite parties in other self financing colleges in the state. The Hon’ble High Court of Kerala also ordered that if the students have got any grievances , they would be free to take up the matter separately before the appropriate forum .
3. The negligent act of the opposite parties resulted in damaging the future career of the complainant. There was deficiency in service on the part of the opposite parties . On the basis of the order of Hon’ble High Court of Kerala the opposite parties executed a bond agreeing to repay Rs.404,430/- to the complainant which collected as fee for MBBS course during period of 2016 – 2017.
4. As per the bond the due date was on 15-01-2020. But so for the opposite party did not repay the due amount to the complainant . The complainant also had to pay fee for second year course in the newly admitted college . The complainant paid the above said amount to the opposite parties for during second year MBBS course in their institution . The complainant could not carry on the second year course due to the cancellation of recognition of MBBS council by the Medical council of India. The opposite parties collected fee from the complainant for the second year course suppressing the fat of cancellation or recognition by the medical council of India.
5. The act of the opposite parties amounts cheating, negligence and deficiency in service. As result the complainant lost one academic year and then by adversely affected the future career. The opposite parties are liable to pay altogether Rs.4,04,430/- which included caution deposit of Rs.3000/- to the complainant . So the complainant prayed in her complaint for a direction to the opposite parties to re- pay Rs.404, 430/- and paid to the complainant along with interest from 01-07-2019 onwards. The complainant claimed Rs.5,00,000/- from the opposite parties as compensation for loss of one academic year due to the deficiency of service and negligent act of the opposite parties and also claim Rs.5,00,000/- more as compensation for mental agony and hardship suffered due to the act of opposite parties. The complainant also claimed Rs.20,000/- as cost of this proceedings.
6. On admission of the complaint the Commission issued notices to the opposite
parties. Both the opposite parties served notice and appeared through counsel. But
the opposite parties not filed their version. Hence set exparte. The complainant filed affidavit and documents. The documents are marked as Ext. A1 to A6. Ext. A1 document is the original of bond agreement dated 01/07/2019 executed by the opposite parties in favour of the complainant. Ext. A2 document is the copy of order of Hon’ble High court of Kerala dated 23/07/2019 made in WP(C) No.24878 of 2018. Ext. A3 documents are the copies of admission slip issued by the opposite parties on 20/09/2016 to the complainant. Ext. A4 document is the copy candidates data sheet issued by the office of the Commissioner for Entrance Examination, government of Kerala to the complainant. Ext. A5 document is the copy of examination results (personal) issued by Kerala University of Health Services to the complainant. Ext. A6 document is the copy of no dues certificate issued by the opposite parties to the complainant dated 01/07/2019. Ext. A1 document shows opposite parties provide education after collecting fee from the students and it can be also be seen that Ext. A1 document is executed on the basis of the direction of Hon’ble High Court of Kerala. Moreover there is no evidence available before the Commission to discard the contents involved in Ext. A1 document. So documents produced by the complainant proved the contention made in the complaint. There is no contra evidence. Hence the case of the complainant stands proved and the commission allows the complaint as follows:-
- The opposite parties are directed to repay Rs.4,01,430/- to the complainant as the tuition fee collected by then and also to repay Rs.3,000/- to the complainant collected as caution deposit with interest at the rate of 12% per annum from 01/07/2019 onwards.
- The opposite parties are directed to pay Rs.10,00,000/- to the complainant as compensation for loss of one academic year due to the deficiency in service and negligent act of the opposite parties which caused mental agony and hardship to the complainant.
- The opposite parties also directed to pay Rs.25,000/- as cost of the proceedings to the complainant.
The opposite parties shall comply this order within one month from the date of this order, failing which the entire amount shall carry interest at the rate of 12% per annnum from the date of this order till realization
Dated this 22nd day of August, 2022.
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A6
Ext.A1: Original of bond agreement dated 01/07/2019 executed by the opposite
parties in favour of the complainant.
Ext.A2: Copy of order of Hon’ble High court of Kerala dated 23/07/2019 made in
WP( C ) No.24878 of 2018.
Ext A3: Copies of admission slip issued by the opposite parties on 20/09/2016 to the
complainant.
Ext A4: Copy candidates data sheet issued by the office of the Commissioner for
Entrance Examination, Government of Kerala to the complainant.
Ext A5: Copy of examination results (personal) issued by Kerala University of Health
Services the complainant.
Ext. A6: copy of no dues certificate issued by the opposite parties to the complainant
dated 01/07/2019.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
