IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

             KOLLAM

                                                C.C.No. 236/2023

                                                                                                PRESENT

SMT. S.K.SREELA, B.A.L, LL.B, PRESIDENT

SRI. STANLY HAROLD, B.A.LL.B, MEMBER 

                      ORDER DATED:   09.04.2024

BETWEEN

Mitali Agarwal,

D/o Gopal Kumar Agarwal,

House No.119, Malayali Sabha Nagar,

Olayil, Kollam 691009.                                                     :           Complainant

(By Adv.Sreeraj R. & Adv.Ambily Joshy)

AND

1. Managing Director,

Masters Union School of Business,

G33R+29P, Phase II, Udyog Vihar,

Sector 20, Gurugram, Haryana-122022.

2. Masters Union School of Business,

DLF Cyberpark, Phase II,

Udyog Vihar, Sector 20,

Gurugram, Haryana-122008.                                     :         Opposite parties

ORDER

S.K.SREELA, PRESIDENT

1. The brief facts of the case are as follows: The complainant had taken admission for the MasterCamp in Applied Finance at the institution of the opposite party on 29.07.2022 after remitting the admission fee of Rs. 29,500/-. Thereafter, the complainant remitted Rs.1,00,000/- towards the tuition fee and subsequently remitted the remaining tuition fee of Rs.98,240/- to the opposite party institution. The complainant opted for the said course only because of believing the course specifications provided within the advertisements published on the website https://masterunion.org/ by the opposite party. As per the advertisements published by the opposite party on their website, the duration of the course was 1 year, which includes a Virtual Internship at KPMG for 6 months, industry exposure, consultation with real business, the use of SAP, etc.
2. From the initial days of the course, it became evident that the opposite party’s offerings were completely different from what they had promised. As a result, in September, the complainant approached the opposite party requesting a refund for the amount she paid. However, the opposite party assured the complainant that they would fulfill all the specifications mentioned in their advertisements shortly. Upon believing this assurance, the complainant continued within their section. However, nothing happened as promised, except the passage of time. Accordingly, the complainant sent a legal notice to the opposite party which returned unserved. The complainant made several attempts to communicate with the opposite party to settle the matter amicably, but the opposite party simply neglected the complainant by not answering her queries. The complainant faced much mental agony and stress due to the said act of the opposite party, for which the opposite party is liable to compensate the complainant. Hence, the complaint.
3. The opposite parties were served with the notice from this Commission but never appeared nor filed their version, hence they were set ex parte. The complainant filed an affidavit in lieu of chief examination and Exhibits P1 series and P2 were marked. The opposite parties never appeared to cross-examine the complainant, hence the affidavit of the PW1 stands unchallenged. As the opposite parties were absent for the hearing, this Commission heard the complainant, and the opposite parties’ part were considered as heard.
4. The issues for consideration are:

1. Whether there has been any deficiency in service and unfair trade practice on the part of the opposite parties?
2. Whether the complainant is entitled to the reliefs claimed?
3. What compensation and costs, if any, are appropriate in this case?

5. Points (i) to (iii):  The complaint outlines that the complainant enrolled in the MasterCamp in Applied Finance at the institution of the opposite parties based on advertisements promising specific course features, including a one-year duration with a 6-month virtual internship at KPMG. However, the actual course offerings differed significantly from what was advertised. Despite the complainant's requests for a refund and attempts to settle the matter, the opposite parties failed to address the issue, causing the complainant mental distress. Therefore, the complainant seeks compensation for the discrepancies between the advertised course and the actual offerings.
6. The Ext.P1 series clearly establishes that the complainant has made a payment of Rs.2,27,740/- to the opposite parties. Additionally, Ext.P2, the brochure of the opposite parties, highlights the program's features and offerings. The complainant has established through the unchallenged affidavit that, despite the payment made by the complainant, the opposite parties failed to provide the services as described in Ext.P2. The classes commenced on 10.08.2022, and contrary to the advertisements provided by the opposite parties on their website, they completed a 7-month course solely on Indian Accounting Standards, which was not clearly indicated in the curriculum or advertisements.
7. The complainant enrolled in the course with the specific intention of obtaining a virtual internship at KPMG for six months, as offered by the opposite parties at the time of enrollment. This expectation motivated her to diligently attend each section of the course, leading to her selection as one of the top 20 students in her section. As per the advertisements of the opposite parties, the duration of the course was one year. To fulfill the promised internship within this timeframe, it would have been necessary for the internship to commence in January. However, the opposite parties failed to take any steps to provide the promised internship. Of particular concern is the complainant's expectation of availing a 6-month internship at KPMG, a reputed accounting organization, as promised by the opposite parties at the time of enrollment. Despite the complainant's dedication and punctuality, the opposite parties did not provide any internship facility at KPMG as promised. This failure on the part of the opposite parties to fulfill their commitments has caused the complainant mental agony and loss of valuable time.
8. After careful consideration of the submissions made by the complainant and perusal of the evidence on record, this Commission finds merit in the complaint.
9. Considering the above facts, the Commission finds that the opposite parties have indeed engaged in unfair trade practices and have failed to provide the promised services, including the six-month virtual internship at KPMG. This failure, has resulted in the complainant suffering mental anguish and a loss of valuable time.
10. In view of the above, this Commission finds no reason to disbelieve the complainant's assertions. The opposite parties’ failure to provide the promised services constitutes a deficiency in service and unfair trade practice. Therefore, the complainant is entitled to relief.
11. In the result the complaint is allowed. The opposite parties are jointly and severally directed to refund the entire amount of Rs. 2,27,740/- paid by the complainant for the course, and are further directed to compensate the complainant to the tune of Rs. 25000/- for the mental agony and loss of valuable time suffered due to their failure to provide the promised services, along with an amount of  Rs.5000/- towards costs to the complainant within a period of 30 days from the date of receipt of the order failing which the entire amount shall carry interest @12% from the date of receipt of the order till realization.

Dictated to the Confidential Assistant  Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 9^th day of  April 2024.

Sd/-

S.K.SREELA

PRESIDENT

Sd/-

STANLY HAROLD

MEMBER

Forwarded/by Order       

                              Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.P1 series             : The copy of Bank transaction statement

Ext.P2                        : True copy of brochure published by the opposite party.

Witnesses Examined for the opposite parties:-Nil

Documents marked for opposite parties:-Nil                                                                      

                 Sd/-

   PRESIDENT