Haryana

StateCommission

A/504/2019

HAYES INSTITUTE OF HOTEL MANAGEMENT AND ANOTHER - Complainant(s)

Versus

MITALI GUPTA - Opp.Party(s)

VINISH SINGLA

10 Mar 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                                                                                                                             First Appeal No.504 of 2019

                                                Date of Institution: 22.05.2019

Date of final hearing: 10.03.2023

                                                       Date of pronouncement: 27.03.2023

1.      Hayes Institute of Hotel Management, Hotel ITC Bella Vista Campus, Ground Level, SM-8, Sector 5, Panchkula (Haryana) through its authorized signatory.

2.      Vice-Principal, Hayes Institute of Hotel Management, Hotel ITC Bella Vista Campus, Ground Level, SM-8, Sector 5, Panchkula (Haryana).

…..Appellant

Versus

Mitali Gupta, aged 22 years, D/o Sh. Rajiv Gupta, R/o House No.731, First Floor, Sector 25, Panchkula (Haryana).

…..Respondents

CORAM:    S.P.Sood, Judicial  Member

                   Suresh Chander Kaushik, Member.

 

Present:-    Mr.Vinish Gupta, Advocate for theappellant.

                   Ms.Mitali Guptarespondent in person.

 

                                                ORDER

S P SOOD, JUDICIAL MEMBER:

          The present appeal No.504of 2019 has been filed against the order dated 26.04.2019 of the District Consumer Disputes Redressal Forum, Panchkula (In short Now “District Commission”) in complaint case No.155of 2018, which waspartly allowed.

2.      The brief facts of the case are thaton 20.07.2017,complainant booked/confirmed her seat fordiploma course in Hotel Management and paid Rs.15000/- to the opposite party (OP) who disclosed that the said course/diploma will be of one year duration and admission will be on first come first serve basis and before admission the candidate has to submit the fitness certificate and further provided the fee structure of the said course being Rs.1,10,000/-, which included the course fee, books, uniform and cutlery set etc. which was to be paid by the complainant in installments till the completion of the course and the diploma certificate would only be issued to those candidates, who clear the fee. The classes of the said course starts from 09.08.2017 at Hotel Marc Royale, Zirakpur. OPs shot off written communication to the complainant intimating the induction schedule and directed complainant to deposit Rs.8900/- on account of uniform and knives set and also Rs.500/- for the application form & prospectus fee. On 09.08.2017, complainant deposited the said amount and OPs directed the complainant to further deposit Rs.20,000/- till 20.08.2017 which was also deposited by her. As per the directions of the OP, on 14.09.2017 and 12.01.2018she further deposited Rs.15000/-. As per the letter of induction issued by the OPs, the complainant was to follow dress code for the said course which was to be provided by the OPs comprising of Black Trouser, White shirt and scarf, black closed shoes with 02 inches heel tip to be worn with black stockings. However, despite start of the said course,all the items of uniform were not given to the complainant which of course was to be provided till 18.09.2017 and even the books/study material which were also supposed to be supplied by the OPs wasnot supplied to the complainant till January, 2018 i.e. by the time the complainant had deposited more than half fee of the course, amounting to Rs.1,10,000/-. Thereafter, the training of the complainant started from 03.11.2017 and continued till 06.01.2018 in which the complainant participated and thereafter, the complainant came to know that winter vacations of the institute had started from 07.01.2018 to 14.01.2018. Complainant along with her father went to Taj Hotel to receive vocational training certificates from Taj Hotel, Chandigarh, but to her utter surprise and shock of the life when the officials of Taj Hotel said that the OPs had already received the certificates. However, the OPs did not disclose about this fact or handed over the said certificate to the complainant and when she inquired about the same Ops told that till the remaining fees of the course will not be cleared by the complainant, they will not issue the same to her.  However when complainant disclosed that she had already paid entire course fee and remaining charges only pertain to the uniform and books which the OPs have actually never supplied to her till that date in spite of her repeated requests despite when even half of the session had already elapsed. Only the identity card was provided that too bearing her wrong blood group in spite of the fact that the OPs were given medical certificate/fitness certificate in which her blood group was mentioned correctly. But when the complainant raised this issue, the OPs told her that they have written her correct blood group as A+, whereas, as per medical record the blood group of the complainant is AB+. Further stated that till January, 2018 only one practical test was conducted whereas, as per the schedule there were supposed to be four practical tests as the said diploma was under F & B service, F & B Production, House Keeping, Front Office etc. Further, the OPs changed their office/institute from Marc Royale to Hotel Bella Vista Campus, Ground Level, S.M-8, Sector 5, Panchkula, but the OPs never disclosed about these facts regarding change of place of institute and due to this reason even the classes also remained suspended for about 20 days. However, at the time of admission, OPs had proclaimed of this Hotel as college property. Thereafter, when the complainant raised these issue regarding non-providing of uniform and books/study material only then on 16.01.2018, the OPs handed over the blazer to the complainant after the period when the cool reason had expired which the complainant refused to receive as  by that time it remained of no use for her. She further alleged that OPs further directed the complainant to clear the remaining fee otherwise they will not permit her to attend the classes, in spite of the fact that books/study material yet not provided by them.  Thereafter, the complainant and her father visited the OPs anumber of times and requested them to provide the study material, certificate issued by the Taj Hotel and even offered to clear the remaining fee and till then the complainant be allowed to attend the classes, but they remained adamant and never permitted complainant to attend the classes. Faced with this situation, she got served a legal notice dated 19.01.2018 to the OPs, which was duly served but to no avail. Thus, there being deficiency in service on the part of the O.P, hence the complaint.

3.      In its written version, OP submitted thatcomplainant took admission in diploma of hospitality management course of Hayes Institute of Hotel Management for the session 2017-18. The course duration was forthe one year, which included the practical trainings, vocational trainings and classes. The classes for this course commenced from 09^th August, 2017. As per the fee circular, she was required to deposit entire fee of Rs.1,10,000/- (Rs.1,30,000/- minus Rs.20,000/- scholarship given by the management for the promotion of girl students) at the outset itself at the time of admission. But,accepting, a request from her parents for paying the fee by way of  installments by the management she was required to pay the entire fees in 4 installments commencing from 20^th July, 2017 and last on 5^th December 2017 howevershe failed to deposit the said fee in time and despite repeated reminder, the balance amount of Rs.45,000/- still remains to be paid by her. It was made clear initially only that the cost of uniform shall be exclusive of fee charged and this condition was accepted by the parents/guardian and complainant herself. The complainant deposited an amount of Rs.15,000/- on 10.11.2017 but not on 12.01.2018 as alleged. It is submitted that as per the letter of induction received by the complainant, it was clearly stated that uniform measurement of every student shall be held on the day of induction itself i.e. 09.08.2017 and it shall take one month for the uniforms to get stitched and be ready. Thus, almost within a month’s time, the uniform was given to all students including the complainant. Further, the books etc. were also supplied immediately at the commencement of the course. It was alleged that any student would get his or her certificate only after the course was completed alongwith whatever trainings they undergo during the diploma course. In the normal routine, the institute send their students to different hotels for their vocational training and in this particular case, she was sent to Hotel Taj at Chandigarh on the special request of her father. The thanks giving letter dated 27.10.2017 also written by her father to the OPs wherein he specifically requested to grant him more time for depositing the balance fees by 10.11.2017. It was alleged that complainant blood group happened to be wrongly mentioned in her ID card because as per normal practice at the time of admissions all the students were asked to submit their medical fitness certificates which included the blood group also. However, the medical documents/certificate submitted by the complainant did not mention about her blood group and she was asked to submit the medical report in this respect. However, she verbally informed the management that her blood group was “A+” and the same was mentioned in her ID card. But lateron, she informed the management that her blood group was in fact “AB+” and requested for its change on the ID card. It was again intimated to submit her medical report in this regard so that necessary correction can be made on her ID card. However she submitted that medical certificate for her training in the Taj Hotel on 02.11.2017 and thereafter, she joined the vocational training and did not come to the institute. On opening day also after winter break i.e. on 15.01.2018, she remained absent and on 16-19^th January, 2018 she misbehaved with institute staff over issue of not wearing the proper uniform. All other students, her batch mates have successfully completed the course and have now been well placed in jobs. The complainant had herself left the course in the middle and failed to complete all her trainings etc. offered by the institute. The OPs never claimed the property of Hotel Marc Royale situated in Zirakpurbeing their college property. Further, the premises of the college got shifted from Hotel Marc Royale to present Hotel Bella Vista on 25.09.2017 because owners of the Hotel Marc Royal lost some court case and the premises was ordered to be vacated as per court’s order. The OPs (being the tenant on the property) even challenged that order of vacation before the Hon’ble High Court but the same was also rejected. However, no student was made to suffer due to this shifting. The allegations that classes remained suspended for 20 days was absolutely false. It was submitted that complainant was admittedly under the vocational training from 03.11.2017 to 06.01.2018 and there was a winter break from 07.01.2018 to 14.01.2018 and she was absent on opening day of college i.e. on 15.01.2018. Thus, on 16.01.2018, she was given her uniform blazer which she refused to wear in clear violation of rules and regulations of the institute. During the vocational training period i.e. from 03.11.2017 to 06.01.2018 the complainant was supposed to wear uniform of the Hotel Taj, Chandigarh and not the college uniform. Thus, the uniform blazer was given to her along with other students during peak season of winters when they first attended the college after their winter vacations. The complainant herself refused to abide by the rules of the institute. Despite several warnings and reminders to wear and observe dress code in the class, she refused to abide by the same therefore, the management had to take disciplinary action of barring her from attending the classes till she comes in proper uniform. However, instead of complying with the rules and regulations of the institute, the complainant left the course in the middle without completing the same. Thus, the complainant herself flouted the conditions of the Declaration Form dated 09.08.2017 submitted by her. It was also stated that complainant approached the local police station in Sector 5, Panchkula for registration of FIR against the OPs by filing a criminal complaint on 29.01.2018, but, when the case was presented by the OPs before the local police station, the police also refused to register any FIR in this matter. It wasalleged that the OPs duly replied the legal notice. Despite repeated reminders, she failed to deposit the balance amount of Rs.45,000/- towards the course fee. She had been allowed to attend all the classes and even the vocational training despite the fact she has not deposited the entire fee. Further, despite she not being in her proper uniform she was allowed to attend her classes on 16^th, 17^th and 18^th January 2018 with verbal warning and counseling but she became highly rude to the staff and refused to abide by the rules and regulations. She stopped attending the classes after 20^th January 2018 on her own.Thus, there was no deficiency in service on the part of the OP and prayed for dismissal of the complaint.

4.      After hearing both the parties, the learned District Commission, Panchkula has allowed the complaint vide order dated, which is as under:-

“As a sequel to above discussion, we partly allow the present complaint against OPs with the following directions:-

1. That the OPs shall refund the amount of Rs.32,500/- to the complainant.
2. That the OPs shall pay lump sum amount of Rs.10,000/- to the complainant on account of mental agony, harassment and as litigation charges.”

5.      Feeling aggrieved therefrom, O.P.-appellant has preferred this appeal.

6.      The arguments have been advanced by Sh.Vinish Singla, learned counsel for the appellant as well as Ms. Mitali Gupta, respondent in person. With their kind assistance the entire records of appeal as well as the original record of the District Commission including whatever evidence has been led on behalf of  both the parties had also been properly perused and examined.

7.      Learned counsel for the appellant vehemently argued that  the complainant did not deposit the remaining fees of the institute despite several requests, she was not entitled for any compensation as prayed for.

8.      Learned counsel for the respondent vehemently argued that the institute did not provide the uniform as well as books during the course and as such she was entitled for the relief as prayed for.

9.      It is not disputed that the complainant booked her seat in the Ops institute for the session 2017-2018. It is also not disputed that she deposited the fee by way of installments.  It is also not disputed that winter vacation started from 06.01.2018 to 14.01.2018. It is also admitted that father of the complainant wrote a letter dated 27.10.2017  expressing his gratitude to college authorities for sending the complainant to Hotel Taj at Chandigarh for the vocational training. However despite all these admitted facts acting in the background.  The plea of the opposite parties that the complainant was not entitled for refund of the fees is not tenable in the eyes of law because the Ops itself admitted that, blazer uniform was gave to her after winter break.  The complainant attended the institution of Ops w.e.f. 09.08.2017 till 19.01.2018 and during this period she also underwent the vocational training program w.e.f. 03.1.2017 to 0601.2018 at Hotel Taj, Chandigarh. Perusal of the file shows that the complainant was compelled to leave the institution on 19.01.2019 i.e.in the middle of the session itself.  Perusal of the record reveals that the Ops did not provide the uniform to the complainant within one month and blazer and neck scarf was also to be provided to the complainant on 16.01.2018, whereas induction program letter dated 09.08.2017 issued to her. Since the complainant has availed the services of Ops for about six months, the Ops only entitled for six months fees. The learned District Commission has rightly allowed the complaint of the complainant partly. The learned District Commission had committed no illegality while passing the order dated 26.04.2019.  The appeal is also devoid of merits and stands dismissed.

10.    The statutory amount of Rs.21,250/- deposited at the time of filing the appeal be refunded to the respondent-complainantagainst proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

11.       Applications pending, if any stand disposed of in terms of the aforesaid judgment.

12.       A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.

13.      File be consigned to record room.

Date of pronouncement: 27th, March2023

 

 

 

                        (Suresh ChanderKaushik)                       (S. P. Sood)                                                  Member                                                            Judicial Member                

S.K

(Pvt. Secy.)