This case has been filed U/s.12 of the Consumer Protection Act,1986 by the complainant, Mr. Abhishek Tiwari that he is a Diploma holder in Electrical Engineering and obtained diploma from West Bengal State Council of Technical and Vocational Education and Skill Development and after obtaining diploma certificate in May,2017 intended to go for further studies and to get B.Tech certificate in electrical engineering and started searching for a good educational institute in Hooghly and the opposite party no. 1 advertised their institute through various media to be very reputed institution and were providing B.Tech in Electrical Engineering and the opposite party no. 2 is the agent and associate of the opposite party no. 1 who was providing counseling to be willing students and taking admission on behalf of the opposite party no. 1.
The complainant also states that after coming to know about the opposite party nos. 1 and 2, he visited the office of the opposite party no. 2 wherein officer of the opposite party no. 2 talked highly about the opposite party no. 1 and represented to the complainant that the opposite party no. 1 was a very reputed institute having affiliation with the opposite party no. 3 and the complainant was also told about the courses offered by the opposite party no. 1 and after fulfillment of all formalities and requirements, the complainant was offered to be eligible to take admission in the three years B.Tech in Electrical Engineering Course for the session 2017-2020 in the institute of opposite party no. 1 by paying admission fee of Rs. 90,000/-. Accordingly, the complainant took admission in the institution of opposite party no. 1 for pursuing B.Tech in Electrical Engineering course by paying the admission fee of Rs. 90,000/- on September22, 2017 vide two cheques bearing no. 256851 for a sum of Rs. 45,000/- and no. 256852 for a sum of Rs. 30,000/- both drawn on State Bank of India, Rabindra Sarani branch and by cash Rs. 15,000/-. The aforesaid cheques and cash were handed over to the officials of the opposite party no. 2 and a receipt in this regard was given to the complainant.
The complainant also states that the total course fee for the aforesaid course was onetime payment Rs.90,000/- for 3 years. Accordingly, the complainant had paid to the opposite party no. 1 a sum of Rs. 90,000/- towards fee for 3 years as well as Rs.3270/- towards WBUT Registration fee, WBUT Development Fee and WBUT examination fee and thereafter the complainant had to sign some papers for the purpose of his registration with the opposite party no. 3 for B.Tech in Electrical Engineering course. It is pertinent to mention that the authorities of the opposite party no.1 had filled up the registration Form after taking signature of the complainant and when the complainant was called to collect his registration certificate the complainant found that his registration was made in the stream of B.Tech in Civil Engineering instead of B.Tech in Electrical Engineering and thereafter the complainant enquired with the officials of the opposite party no.1 as to why he was being made to B.Tech in Civil Engineering as well as his registration the complainant was told that he was enrolled for B.Tech in Civil Engineering course.
The complainant also states that thereafter he sensing something amiss the complainant checked with the website of the opposite party nos.1 and 3 and came to know that his registration had been done for B.Tech in Civil Engineering course and not B.Tech in Electrical Engineering course. Subsequently when he received the admit card he found that the course mentioned therein was B.Tech in Civil Engineering and thereafter he started frantically enquiring with the officials of the opposite party no. 1 about such mistake in registration for wrong course but the officials of the opposite party no. 1 failed to disclose anything to the complainant or do anything in the matter and on November 26, 2017 he was called to collect his registration number but he was not provided with the same and when the complainant raised the issue of wrong registration he merely asked to send his documents again by mail and accordingly he sent all his documents by mail on the same day and he was given verbal assurance by the officials of the opposite party no.1 that there might be some mistake in his registration and they would take necessary steps to rectify the same .
The complainant also states that in the meantime examinations were going to be on and from December 5,2017 and he was ready for the examination but due to wrong registration he was apprehending that he would not able to appear in the examination. In the aforesaid circumstances the complainant again sent an e-mail requesting the opposite party no. 1 to take necessary measure to rectify the mistake in his registration but all his efforts proved futile and subsequently he was asked to contact the university i.e. the opposite party no. 3 to resolve the matter. Since the examinations had already started on December 5, 2017 the complainant could not appear in the said examination due to aforesaid anomaly in the complainant’s registration despite being well prepared for the same and due to misdeeds and negligence of the opposite parties the complainant suffered loss of valuable one year as he could not appear in the examination. Moreover the opposite party no. 1 showed no sympathy towards the complainant and did not take any step to address the grievance of the complainant. In the aforesaid circumstances the complainant being dejected and helpless decided to discontinue with the studies in the opposite party no. 1 since the complainant would not be able to appear in the category of electrical engineering due to wrong registration and moreover the opposite party no. 1 was not taking any initiative to address the grievances of the complainant and was showing non-committal and non-cooperative attitude towards him and thereafter the complainant approached the opposite party no. 1 and requested them to refund the entire money received by them from him but the opposite party no. 1 blatantly refused to refund the same on the pretext that they have no policy of refunding money received from students.
The complainant also states that finding no recourse he sent a letter dt. January 10, 2018 through his advocate to the opposite parties and each one of them thereby calling upon the opposite parties to refund the said amount of Rs.90,000/- received from him along with interest and also to pay compensation to him towards loss caused to him and mental pain and agony due to acts of opposite party no.1. The opposite parties despite receipt of the said letter failed to act as per requisition made therein nor did they reply to the same copies made from the said letter dt. January 10, 2018 along with postal receipts and inspite of receipt of aforesaid letters opposite parties have not acted positively and the complainant’s legitimate claim and demand has been held back by the opposite party with malafide intention.
The complainant also states that either the complainant was made to take admission in the opposite party no.1 institute on the basis of misrepresentation and false assurances or that the opposite party have committed grave error in registering the complainant’s name for wrong course and despite the complainant’s request the opposite party failed and neglected to take any step for redressal of his grievances which shows that the opposite parties are concerned with money only and not with careers and future of students and because of the acts of the opposite party the complainant has not only suffered financial loss now his future and entire academic career has been jeopardized and the action of the opposite party is not justifiable in any manner, and the same tantamount to negligence, deficiency in service as well as unfair trade practice and thus the complainant has been made to suffer immensely and have been negligent in discharging their duties and have been guilty of providing deficient service and the opposite party no.1 is liable to refund the money received from the complainant and by not returning the same the opposite party no.1 has been causing further wrong and loss to the complainant.
The complainant also states that the cause of action for the present complaint arose on September 22, 2017 when the complainant was made to part with his money and induced to take admission in the opposite party no.1 institute and it arose on 26.11.2017 when the complainant came to know his name had been registered for wrong course and it further arose on 26.11.2017 when the complainant was told by the officials of the opposite party no.1 that he was enrolled for B.Tech in Civil Engineering Course instead of B.Tech in Electrical Engineering Course and it arose on such dates when the complainant requested the opposite party to rectify the mistake in registration of his name by the opposite party no. 1 and the opposite party inspite of such requests and despite receipt of letter sent on behalf of the complainant failed and neglected to take any steps for redressal of grievances of the complainant and also have not refunded money taken from the complainant and the same is continuing and the complaint has been filed within the period of limitation in accordance with Section 24A of the Consumer Protection Act, 1986.
Complainant filed the complaint petition praying direction upon the opposite parties to refund the entire amount of Rs.90,000/-+ Rs.3,270/-(3 years fees and registration fees)=Rs.93,270/- which is received by the opposite party nos. 1 and 2 along with interest at the rate of 18% p.a. calculated thereupon and to pay compensation of Rs. 15,00,000/- for spoiling the career of the complainant and towards loss and injury suffered by the complainant for wrongful loss, deprivation, harassment and mental agony and to pay Rs. 40,000/- being cost of the instant complaint and other incidental charges and any other order or orders, relief or reliefs as this Forum may deem fit and proper.
The opposite party No.1 contested the case by filing written version denying inter-alia all the material allegations as leveled against him. This opposite party submits that the opposite party no.2 is a consultancy firm, known as ARISE, running coaching institute, and the complainant at first took admission in its coaching centre and through it, the complainant got admission in the institute of opposite party no.1 for B.Tech course in Civil Engineering, and in this regard the complainant filled up the Form of the institute of opposite party no.1 and paid in full as admission and registration fees in the office of the opposite party no.2 not directly to the opposite party no.1 as because the complainant actually the student of opposite party no.2 and the opposite party no.2 collected admission Form from the office of opposite party no.1 and after filling the Form the opposite party no.2 sent the same to the opposite party no.1 and after taking admission the complainant did not attain the class room in opposite party no.1 campus. So, which the complainant wrote and/or filed up in his admission Form about his trade in Civil Engineering under the care of the opposite party no.2 and paid the amount for his admission along with registration fees as per the rules of the opposite party no.3 in the hand of the opposite party no.2. Hence, it is clear that the opposite party no.1 is not liable which the complainant against the opposite party no.1 which is completely false, fabricated and malicious in nature. So, in this situation, the instant application should be rejected with exemplary cost and the opposite party no.2 is liable to pay back the complainant’s claim, not be the other opposite party, including the opposite party no.1. Complainant filed evidence on affidavit which is nothing but replica of complaint petition. Opposite Party no.1 also filed evidence on affidavit. Proceeding runs ex-parte against opposite party No.2&3. Vide order No.9, dated 24.1.2019.
Both sides files written notes of argument which are taken into consideration while passing final order.
ISSUES/POINTS FOR CONSIDERATION
1). Whether the Complainant Mr. Abhishek Tiwari is a ‘Consumer’ of the opposite party?
2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3).Whether the O.Ps carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
4).Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
DECISION WITH REASONS
In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.
(1).Whether the Complainant Mr. Abhishek Tiwari is a ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant is a “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. The complainant herein is the consumer of the opposite party, as the complainant being the customer of the opposite party took admission with the assistance of opposite party No.2 institute before the opposite party No.1 institute affiliated before the opposite party No.3 university. The complainant being a student of opposite party educational institution is entitled to get service from the opposite party as consumer.
(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
Both the complainant and opposite parties are residents/having office address within the district of Hooghly. The complaint valued Rs.16,33,270/- as compensation for mental agony and other expenses ad valorem which is within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
(3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?
The complainant being a diploma holder in Electrical Engineering, intended to get B.Tech in Electric Engineering and after getting information regarding the opposite party no.2, approached him and obtained admission for lateral three years full B.tech in Electric Engineering after getting representations from the opposite party No.2 regarding course offered by the opposite party No.1 having affiliations with the opposite party No.3. And after fulfillment of all formalities and requirement the complainant was offered to be eligible to take admission in the three years B.tech in electrical engineering course for the session 2017-2020 in the opposite party No.1 institute after paying admission fees of Rs.90,000/- on 22.9.2017. The opposite party No.2 issued receipts in that regard. He was assured that the complainant paid Rs.90,000/- to the opposite party no.1 towards fees for three years as well as Rs.3270/- towards WBUT registration fees, WBUT development fee and WBUT examination fees. According to this complainant that he had to sign some papers for the purpose of his registration with opposite party No.3 for B.Tech in Electrical Engineering course. It is also averred that the authorities of the opposite party No.1 filled up the registration Form after taking signature of the complainant. After getting the registration certificate he found that his registration certificate was made in the stream of B.Tech in Civil Engineering instead of Electrical Engineering. He enquired the official of opposite party No.1 regarding such mistake but the official of the opposite party No.1 failed to disclose anything to the complainant. Then he was asked to send his documents by mail on the same day and he did the same. The complainant was given assurance by the official of the opposite party No.1 that there may be any mistake in his registration and they would take necessary measure to rectify the same. The complainant was ready to sit for the examination started from Dec.5 of 2017 but the opposite party failed to take necessary measure so that the registration certificate of the complainant is being rectified. The opposite party No.1 did not take any step to address the grievances of the complainant as a result the complainant being dejected and helpless decided to discontinue with the studies in the opposite party no. 1 since the complainant would not able to appear in the category of electrical engineering due to wrong registration, moreover the opposite party was not taking any initiative to address the grievances of the complainant and was showing non-committal and non-cooperative attitude towards him. Thereafter the complainant approached the opposite party no.1 and requested them to refund the entire money received by them from the complainant but the opposite party no.1 blatantly refused to refund the same on the pretext that they have no policy of refunding money received from the students. So, finding no recourse the complainant sent a letter dt. 10.1.2018 through his Advocate calling the opposite parties to refund the said amount of Rs. 90,000/- received from the complainant along with interest and to pay compensation for mental pain and agony suffered due to act of the opposite party no. 1. The complainant further assailed that it is clear from the conduct of the opposite parties’ that the complainant compelled to take admission in the opposite party no. 1 institute on the basis of misrepresentation and false assurances. So, the opposite parties have committed grave error in registering the complainant’s name for wrong course and this complainant became victim and sufferer at the negligent act of the opposite parties. So, the complainant filed the instant case before this Forum praying directions as incorporated in the prayer portion of the complaint petition. Complainant in his argument assailed that it is clear that the complainant applied for lateral 3 years full B.Tech in electrical engineering because he is already are Diploma Holder in electrical engineering and he obtained Diploma from West Bengal State Counsel of Technical and vocational Education and Skill Development and the complainant took admission in the opposite party no. 1 for pursuing B.Tech in Electrical Engineering by paying the admission fee of Rs. 90,000/-. So, there is no question to admit in B.Tech in Civil Engineering Course offered by opposite party no.1. When he received the admit card and found that the course mentioned therein was B.Tech in Civil Engineering. Thereafter the complainant started fanatically enquiring with the officials of the opposite party no. 1 about such mistake in registration for wrong course but the opposite party no. 1 is deficient in providing the correct admit card of opposite party no. 3 University. So, the act of the opposite parties not only suffered the complainant from financial loss but also jeopardized the future academic carrier of the complainant which tantamount to negligence, deficiency in service as well as unfair trade practice.
The opposite party no. 1 in his argument assailed that the complainant took admission in the coaching center, opposite party no. 2 and through it the complainant got chance to take admission in the college of opposite party no. 1 for B.Tech in Civil Engineering after passing diploma in electrical engineering in the year 2017 from the Technique Polytechnique Institute and in that regard complainant filled up the Forms of the opposite party no.1 college through ARISE, the opposite party No.2 and he paid admission and registration fees in full in the office of opposite party No.2 and not directly to the opposite party No.1, because the complainant is actually the student of the ARISE, opposite party No.2 and it is clear from the money receipts. The complainant submitted the photocopy of the money receipts being no.3566 dated 22.9.2017 in which the complainant namely Abhishek Tiwari paid Rs.60,000/- only out of total package of Rs.90,000/- wherein the concerned authority of Arise mentioned clearly that the amount had taken from the complainant for his admission to MIET the college of opposite party No.1 in Electrical Engineering by lateral entry and the dues will be cleared by the complainant within 22.10.2017. After receiving the said amount of money from the opposite party no. 2, opposite party no. 1 issued receipt in favour of the complainant and then the opposite party no.1 admitted the complainant as its students of B.Tech in Electrical Engineering. Thereafter the complainant applied in online process before the opposite party no.3 for his registration as the student of B.Tech in Civil Engineering by lateral entry under the opposite party no. 1 college. The opposite party no. 1 further stated that the coaching institute like the opposite party no. 2 collect admission form from private engineering colleges like the opposite party no. 1 on request and in this way the opposite party no. 1 collected the admission form of opposite party no. 1. The complainant filled up the admission form in the office of the opposite party no. 2 and he paid the amount of Rs. 60,000/- on 22.9.2017 to the opposite party no. 2 directly. Thereafter the opposite party no. 2 sent and or deposited the same to the opposite party no. 1 then the opposite party no. 1 college accepted his admission as the student herein but the complainant did not turn up in the opposite party no. 1 college campus. So, there is no question of attending the class room in MIET college campus by the complainant. Thereafter the complainant sent legal notice dt. 10.1.2018 to the opposite party no. 1 claiming Rs. 90,000/- but the opposite party no. 1 received Rs. 60,000/- from the complainant through the opposite party no. 2 and if the complainant paid more to the opposite party no. 2 then the opposite party no. 1 will not be responsible for that extra payment. The opposite party no. 1 further assailed that the complainant is a diploma engineer in electrical. He applied to the college of the opposite party no. 1 for B.Tech by lateral entry through the opposite party no. 2 and thereafter he applied for registration in MAKAUT (opposite party no. 3) for Civil Engineering and for which he had not given any objection to the college authority in that regard. Since admission the complainant did not turn up in the college after taking admission and the college cannot distribute that seat to another interested candidate. So, the charge against the opposite party no. 1 is not tenable in the eye of law.
After perusing the documents the complainant passed Diploma in Electrical Engineering under West Bengal State Council of Technical and Vocational Education and Skill Development in the year 2017 (Xerox copy of grade report filed). He also filed the payment receipt dt.9.10.2017 of opposite party no. 1 amounting to Rs.2070/- in which WBUT registration fee amounting to Rs.400/- and WBUT development fee amounting to Rs. 1650/-. Second payment receipt of opposite party no. 1 the complainant paid a sum of Rs.1200/- as WBUT examination fees on 10.11.2017. Another payment receipt of opposite party no. 2 dt. 22.9.2017 amounting to Rs.60,000/- is in the case record. Complainant also filed a money receipt dt. 23.9.2017 in which it is clearly written that Abhishek Tiwari being no. EE/L/16-17 paid full and final semester fees for three years. Complainant filed a photo copy of application Form for registration of opposite party no. 3, in which in the column of course it is written that B.Tech in Civil Engineering. On the second page of the said Form it is written that college will be responsible for entries made in the registration Form. Lastly, the admit card issued by opposite party no. 3 clearly states that complainant has been allowed to seat for B.Tech in Civil Engineering third semester for the session 2017-2020. Complainant files a copy of mail dt. February 20, 2018 in which complainant informed opposite party no.1 that he was called on 26.11.2017 to collect his registration number but was not provided the same. Then he was verbally informed by Mr. Sanjeev Das that he has been registered in the civil branch which he did not opted for. The complainant also informed that he has been assured verbally that it will be corrected and till 1st Dec, 2017 there was no news regarding that. But the MAKAUT examination will start from 5th Dec, 2017 so the complainant suffering mentally whether he will be able to appear. From the above observation it is clear that the complainant after passing diploma of Electrical Engineering being attracted at the advertisement of the opposite party approached the opposite party No.2 for getting admission in the opposite party No.1 institute under the opposite party No.3 university, by paying the fees as desired by the opposite party No.2. But before the Semester examination the complainant came to know he has been wrongly registered in the Civil Engineering instead of Electrical Engineering. The complainant informed this matter to the opposite party but the grievances of the complainant was being unheeded so the complainant filed the instant complaint before this Forum praying directions upon the opposite parties. It is clear from the documents of the complainant that he applied for getting admission in the B. Tech in Electrical Engineering but due to negligent act of the opposite party he has wrongly registered in the Civil Engineering as the money receipts of the opposite party depicts that the complainant is in the category of EE/L/16-17 and he paid full & final semester fess for 3 years as on 23.9.2017. It is a glare example of deficiency of service on the part of opposite party No.1&2. The complainant suffered at the behest of negligence on the part of the opposite party no.1&2 as the admission as well as filing Form has been done by the opposite party No.1&2.
Complainant preferred the case decision of State Consumer Dispute Redressal Commission, Chandigarh in Fiitjee Ltd vs. Vikram Seth & National Consumer Disputes Redressal Commission in Bhupesh Khurana & ors Vs. Vishwa Buddha Parishad And ors on 29.9.2000.
Hon’ble Supreme Court of India in Buddhist Mission Dental college and Hospital vs. Bhupesh Khurana and ors., Civil Appeal no. 1135 of 2001 decided on February 13, 2009 wherein the findings given by the National Commission to the effect that imparting of education by an educational institution for consideration false within the ambit of ‘service’ as defind in the Consumer Protection Act were upheld. The Commission also held that this Court in Bangalore Water supply and sewerage board held as under: “ ……. in the case of the University or an educational institution, the nature of the activities ex hypothesis, education which is a service to the community. Ergo, the University is an industry…...”. The commission further held as under: “imparting of education by an educational institution for consideration false within the ambit of service as defined in the Consumer Protection Act. Fees are paid for services to be rendered by way of imparting education by the educational institutions. If there is no rendering of service, question of payment of fee would not arise. The complainants had hired the services of the respondent for consideration so they are consumers as defined in the Consumer Protection Act”.
Considering all the facts and circumstances we may hold that the complaint petition has sufficient merit, so the complaint petition is deserved to be allowed with cost and compensation.
From the above discussion we can safely conclude that the complainant has succeeded in proving his case by producing sufficient documents.
4). whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant with an ease succeeded to establish his case and thus, opposite Parties are liable to pay compensation & other reliefs as prayed for.
ORDER
Hence, it is ordered that the complaint case being No.52 of 2018 be and the same is allowed on contest against the opposite party no.1 & ex-parte against the opposite party no.2&3. with a cost of Rs.8000/- to be paid by the opposite party No.1&2.
Opposite party No 1&2 are directed to refund the fees of Rs.93,270/- taken from this complainant within 45 days from the date of this order.
Opposite party No 1&2 are further directed to pay compensation amounting to Rs.3,00,000/- for loss of futurity, mental pain & agony of this complainant within 45 days from the date of this order.
Opposite party No.3 is exonerated from this proceeding.
Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary Post for information & necessary action.
