DISTRICT CONSUMER DISPUTES REDRESSAL FORUM II

Udyog Sadan, C 22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi 110016

Case No.276/2013

Sh. Anand Prakash

RZ 54A/338 Jagdamba Vihar,

West Sagarpur, New Delhi 110046                                   ….Complainant

Versus

Ms. Simran Kaur

Centre Heard

Mahatma Gandhi University

South X Market, New Delhi                                          ….Opposite Party

                                                  Date of Institution        :     09.05.2013            Date of Order     :     08.10.2018

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Naina Bakshi, Member

Briefly stated, the case of the complainant is that the complainant is working as Assistant Sub Inspector in Central Reserve Police Force and posted to Srinagar region, complainant took admission in MBA IIIrd semester of Hospital Administration in the institute of OP and paid Rs.14,000/  vide cash memo No.1033 dated 20.07.12 with confirmation of admission in MBA IIIrd semester of hospital administration under lateral entry scheme. At the time of admission, regional centre of OP located at South X, assured the complainant that all the study material and connected items will be delivered to the complainant within 15 20 days after admission/fee payment. After lapse of time given the regional centre of OP did not send any material to the complainant and the complainant contacted the OP, so many times to provide the books, identity card and related items.  The complainant also made many communications with the university centre through emails. The OP sent some photocopy of spiral binding of reference books which were totally irrelevant with the syllabus mentioned in the email sent by the South X Centre.  It is stated that the complainant had not received any books, identity card, notice regarding exam inspite of irrelevant spiral binding.  When no reply was received complainant contacted many officers of the OP at South X branch as well as University but no proper reply was received from them.  Whenever the complainant wants to talk to the officers of OP, they gave the number of another officer to resolve the issue.  Lastly, complainant met with Mr. Dinesh, he cooperated and assured the complainant that the books will be delivered at his residence with enrolment number and identity card but all in vain. In the last week of January, 2013 the complainant got a call from the Dy. Registrar Mr. Kumar Abhishek and enquired about the problem but his problem was not resolved. It is submitted that Ms. Simran, Centre Head of OP advised the complainant  over phone to withdrawal of admission, the complainant nominated his father to submit the withdrawal application on behalf of the complainant,  the complainant s father submitted the application in the month of August, 2012 through the Incharge of the OP assured his father that the refund of admission fee will be processed within a week. The complainant could not take the admission in any other university to save his precious year but till date the OP has not refunded the money nor provided any study material.  Hence, pleading deficiency in service the complainant has filed the present complaint with the following reliefs:  

i. Fee deposited with the university                      Rs.14,000/

ii. Harassment (physical) cost                               Rs.35,000/

iii. Mental tension cost                                         Rs.35,000/

iv. Litigation cost                                                  Rs.94,000/

Total                                                           Rs.94,000/

OP in the written statement has inter alia stated that the complainant took the admission with the OP University for opting for MBA in HM in July 2012 at his own free will and against which the ID card was also issued to the complainant. OP has clarified in the very beginning itself that all the details qua the examination schedule, syllabus, study material etc. are available on the  website of the OP for which the students including the complainant  will have to  access the website of the University time to time. It was also informed that the study material will be available online, which is the general practice and  they followed trend to provide the study material. It is submitted that if the complainant is now not satisfied, the complainant almost after the expiry of four months have demanded for withdrawal of his candidature which is quite impossible.  Several meetings were held with the officials of the university to satisfy the complainant but to no avail. Hence, there is no deficiency in service on the part of the OP. OP has prayed for dismissal of the complaint.

Complainant has filed rejoinder to the written statement of OP and reiterated the averments made in the complaint.

Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Tajinder Singh, AR has been filed in evidence on behalf of the OP.

Written arguments have been filed on behalf of the parties.

We have heard the arguments on behalf of the complainant. However, no one appeared on behalf of the OP to advance oral arguments despite opportunity given in this behalf.

Admittedly, the Complainant had applied for admission with the University of OP in MBA in Hospital Administration  (MBAHA) and paid Rs.14,000/  in cash vide receipt No.1033 dated 20.07.12. We mark the same as Annexure A for the purpose of proper identification. Copy of the Syllabus Manual issued by the OP is marked as Annexure B. Various emails were placed on the record. Vide email dated 14.10.12 the complainant requested the OP “I still awaiting to have the study material which has made me bold to have the decision to withdraw the fee. So kindly make arrangement for withdrawal of the fee as I will be at your office in the last week of this month.”  The same is marked as Annexure C for the purposes of proper identification.  

It is stated on behalf of the OP that the study material was available on their website and the same communicated to the complainant at the time of taking admission.  But OP had not filed any document to show that the material was available on their website and the students including complainant can access the same.  The complainant through his father applied for refund of the fee in the month of August 2012 but the OP failed to refund the same.

If for any reasons whatsoever, the Complainant did not or could not pursue the said programme the OP was not entitled to forfeit the entire amount of Rs.14,000/ . Hence, the OP was deficient in service and also adopted unfair trade practice while not refunding the amount of Rs.14,000/  to the Complainant. Accordingly we hold the OP guilty of deficiency in service

We allow the complaint and direct the OP to pay Rs.14,000/  towards fee alongwith interest @ 6% per annum from the date of filing of the complaint till realization and Rs.10,000/  towards compensation  for mental pain, agony and legal expenses  to the Complainant within a period of 30 days from the date of receipt of copy of this order failing which OP shall become liable to pay interest @ Rs.9% per annum on the amount of Rs.14,000/  from the date of filing of the complaint till 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 08.10.18.