DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.547 of 11-12-2013

Decided on 19-03-2014

Vikas Mittal S/o Amrit Lal Mittal S/o Bisakha Singh R/o House No.19441-A, Street No.2, Bibi Wala Road, Bathinda.

........Complainant

Versus

1.London School of Business and Finance, E-314, Kistal Plaza, Opposite Infinity Mall, Link Road, Andheri (West) Mumbai, through its Executive Adviser Sh.Rohan Rawat.

2.London School of Business and Finance, E-314, Kistal Plaza, Opposite Infinity Mall, Link Road, Andheri (West) Mumbai, through its Authorized Signatory Priya Kurle.

3. London School of Business and Finance, E-314, Kistal Plaza, Opposite Infinity Mall, Link Road, Andheri (West) Mumbai, through its Country Head Rubina Gopi Nathan.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.Satvir Singh, counsel for the complainant.

For Opposite parties: Opposite parties ex-parte.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant in order to seek the admission in the school of the opposite parties for the course of CIMA (Charted Institute of Management Accounting), approached the opposite parties and fulfilled all the formalities as per their guidelines. The opposite parties gave the consent for study + work for 20 hours per week as per the guidelines of UKBA under Tier-4 Student Visa and on their allurement the complainant deposited the amount of 3600 GBP (1GBP=102 Indian rupees) vide receipt No.118342 dated 29.5.2013 vide international transaction through State Bank of Patiala, Civil Lines, Branch, Bathinda. Thereafter the complainant waited for the CAS letter of the opposite parties for submitting the file to the UK embassy for the visa. The opposite party No.1 informed the complainant through e-mail dated 17.6.2013 that it has broken its tie-up with Glyndwr University as such it is unable to allow him for 20 hours work in a weak. After that the opposite parties issued the new offer letter dated 18.6.2013 alongwith enrollment form to the complainant asking him to fill the said enrollment form to get admission. As per the request of the opposite parties, the complainant filled the enrollment form and deposited the amount of 1500 GBP in cash, but the opposite parties did not issue him the receipt. The UK embassy refused the visa of the complainant vide letter dated 12.7.2013. The complainant made the review to the UK embassy for the visa, but it refused to review file and asked him to submit the fresh file with new CAS letter. The complainant informed the opposite parties regarding the refusal of the visa by UK embassy and issuance of the new CAS letter, at this the opposite parties directed him to pay the amount of 150 GBP for the issuance of the new CAS letter, as such he again paid the amount of 150 GBP to the opposite parties against the receipt dated 5.8.2013. The complainant again applied for the visa with UK embassy against the new CAS letter of the opposite parties on dated 3.10.2013, but the UK embassy again refused his visa vide letter dated 22.10.2013, received on dated 26.10.2013. The complainant immediately informed the opposite parties vide e-mail dated 26.10.2013 about the refusal of the visa and requested them to refund him the fee of 5100 GBP as per Clause 5 of the terms and conditions so given in the enrollment form, but the opposite parties neither refunded the fee nor gave any satisfactory reply to him upto 20.11.2013. On 27.11.2013, the opposite parties sent an e-mail to the complainant to get issue the link refund ticket so that they may be able to refund the fee and accordingly, he got issued the link ticket. On 27.11.2013, the opposite parties informed the complainant through e-mail that they are unable to refund the fee. The complainant made many requests to the opposite parties to refund his total fee of 5250 GBP i.e. Rupees Five lacs and Twenty Five Thousand as per the terms and conditions and guidelines of the UK Government, but the opposite parties have failed to accede to his requests. Hence the present complaint filed by the complainant to seek the directions of this Forum to the opposite parties to refund the amount of Rs.5,25,000/- alongwith cost and compensation.

2. Registered notice has been sent to the opposite party No.1 vide postal receipt No.A RP178591555IN; to the opposite party No.2 vide postal receipt No.A RP178591161IN and to the opposite party No.3 vide postal receipt No.A RP178591436IN on dated 24.12.2013, but despite receiving the summons none appeared on behalf of the opposite parties before this Forum, hence ex-parte proceedings are taken against all the opposite parties.

3. The complainant has led ex-parte evidence to support his allegations. He has produced Ex.C1, his own affidavit dated 11.12.2013; Ex.C2:-Photocopy of receipt dated 29.5.2013; Ex.C3:-Photocopy of transaction main details; Ex.C4:-Photocopy of message report; Ex.C5:-Photocopy of e-mail dated 17.6.2013; Ex.C6:-Photocopy of letter dated 18.6.2013; Ex.C7:-Photocopy of e-mail dated 18.6.2013; Ex.C8:-Photocopy of refusal of entry clearance; Ex.C9:-Photocopy of e-mail dated 30.9.2013; Ex.C10:-Photocopy of e-mail dated 7.9.2013; Ex.C11:-Photocopy of refusal of entry clearance; Ex.C12:-Photocopy of application form; Ex.C13:-Photocopy of methods of payment and enrollment information; Ex.C14 & Ex.C15:-Photocopies of letter dated 21.6.2013; Ex.C16:-Photocopy of e-mail; Ex.C17:-Photocopy of e-mail dated 27.11.2013 and Ex.C18, his own affidavit dated 7.3.2014.

4. Arguments advanced by the learned counsel of the complainant heard at length. Record alongwith written submissions submitted by the learned counsel of the complainant perused.

5. The submission of the complainant is that he applied for CIMA course in order to study+work for 20 hours per week as per the guidelines of UKBA under Tier-4 Student Visa and deposited the amount of 3600 GBP (1GBP=102 Indian rupees) vide receipt No.118342 dated 29.5.2013 vide international transaction through State Bank of Patiala, Civil Lines, Branch, Bathinda. The complainant waited for the CAS letter of the opposite parties for submitting the file to the UK embassy for the visa. The opposite party No.1 informed the complainant through e-mail dated 17.6.2013 that it has broken its tie-up with Glyndwr University as such it is unable to allow him for 20 hours work in a weak. After that the opposite parties issued the new offer letter dated 18.6.2013 alongwith enrollment form to the complainant asking him to fill the said enrollment form to get admission. As per the request of the opposite parties, the complainant filled the enrollment form and deposited the amount of 1500 GBP in cash, but the opposite parties did not issue him the receipt. The UK embassy refused the visa of the complainant vide letter dated 12.7.2013. The complainant made the review to the UK embassy for visa, but it refused to review file and asked him to submit the fresh file with new CAS letter, the same was informed by him to the opposite parties. The opposite parties directed the complainant to pay the amount of 150 GBP for the issuance of the new CAS letter, as such he again paid the amount of 150 GBP to the opposite parties against the receipt dated 5.8.2013. The complainant again applied for the visa with UK embassy against the new CAS letter of the opposite parties on dated 3.10.2013, but the UK embassy again refused his visa vide letter dated 22.10.2013, received on dated 26.10.2013. The complainant immediately informed the opposite parties vide e-mail dated 26.10.2013 about the refusal of the visa and requested them to refund him the fee of 5100 GBP as per Clause 5 of the terms and conditions given in the enrollment form. The opposite parties through e-mail dated 27.11.2013 asked the complainant to get issue the link refund ticket so that they may be able to refund the fee and accordingly, got issued the link ticket, but the opposite parties informed him through e-mail dated 27.11.2013 that they are unable to refund the fee deposited by him.

6. A perusal of Condition No.5 of Enrollment Form/CIMA Full-time Courses 2013, Ex.C12 shows:-

“If a students Visa application has been refused, then the fees paid may be refunded less administration charge of Σ 100 (Plus any courier and transfer charges) on production of the following documents: (1) Copy of the Visa refusal letter (APP200), (2) Copy of the student's passport showing both a photographs and signature and (3) Where the payee was not the student, an original authority letter from the student authorizing the repayment to the payee. Applications for refunds under this section must be made in writing atleast 15 days before the commencement date of the course (Published date). It is the student's responsibility to satisfy themselves that they could comply with the notification guidelines prior to making an application in circumstances when notification under this clause will be impossible, an application by the students forms a waiver of the rights under this clause.”

Vide Ex.C4, the opposite parties have mentioned that 'No refund is due', however as a gesture of ex gratia, we would like to offer you one of the following option:-

1) Defer your course to the next intake (Subject to availability)

2) Apply for an online course of your choice (Subject to availability)

…...Should you decide to accept a course via InterActive we are able to offer you a credit note against the fees you have paid to study on campus, including non-refundable deposits'.

7. The opposite party No.1 informed the complainant that it has broken its tie-up with Glyndwr University as such it is unable to allow him for 20 hours work in a weak. After that the opposite parties issued the new offer letter dated 18.6.2013 to the complainant asking him to get admission and to deposit 1500 GBP in cash, for this the opposite parties did not issue him any receipt. The UK embassy refused the visa of the complainant vide letter dated 12.7.2013 and asked him to submit the fresh file with new CAS letter, the same has been informed to the the opposite parties by the complainant, on this the opposite parties asked him to pay the amount of 150 GBP for the issuance of the new CAS letter, as such he again paid them the amount of 150 GBP against the receipt dated 5.8.2013 and again applied for the visa with UK embassy against the new CAS letter on dated 3.10.2013, but again the UK embassy refused his visa vide letter dated 22.10.2013, received on dated 26.10.2013, in this way the complainant has deposited the total amount of 5250 GBP (Indian Rs.5,25,000/-). The opposite parties sent an e-mail dated 27.11.2013 to the complainant to get issue the link refund ticket so that they can refund him the amount, but they did not refund the same. The opposite parties have not appeared before this Forum intentionally, which shows that they do not want to own their responsibility as when the visa of the complainant was cancelled twice, it was the duty of the opposite parties to refund him the proportionate amount after deducting the charges which were required for the process of the visa i.e. as per settled rate for applying the visa to the UK embassy.

8. Therefore in view of what has been discussed above there is deficiency in service on the part of the opposite parties. Hence this complaint is accepted with Rs.20,000/- as cost and compensation against the opposite parties. The opposite parties are directed to refund the amount of 5250 GBP i.e. Rs.5,25,000/- to the complainant after deducting the requisite amount that is required for applying the visa to the UK embassy. The complete detail of the deductions, if any, be also furnished to the complainant.

9. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

10. In case of non-compliance, the interest @ 9% per annum will yield on the refundable amount to the complainant since filing of this complaint till realization.

11. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

19-03-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member