BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

31^ST DAY OF DECEMBER 2015

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to direct the OPs.1 & 2 to refund admission fee of Rs.11,700/- with interest @ 9% p.a and to pay compensation of Rs.1,00,000/- for mental harassment and physical harassment and litigation cost of Rs.10,000/-.

2. The brief averments made in the complaint are as under:

The complainant took admission for M.Sc., Computer Science (3^rd Sem Lateral Entry) (Program Code-1430) from LPU on 27^th May 2014 by paying a sum of Rs.200/- for application form and Rs.11,700/- as admission fee vide receipt Nos.088 & 089 through OP.  The complainant was not provided with any admission information till October 2014.  Complainant sent a mail on 07.10.2014 which was replied by OP on same day providing admission reference No.402196.  The complainant contacted Lovely Professional University admission helpline (1800-3001-1800, 01824-300360) in the month of October and they informed that the admission of complainant was not confirmed by the University and directed the complainant to contact the study centre – Eikon India.  OP-1 again said the complainant that they have different channel of approach and the admission will be confirmed and the complainant will be provided with the admission details.

3. The complainant again sent a mail to OP on 08.11.2014 asking his admission details but did not get any reply.  The complainant also submitted his assignments in time and then also the complainant was not being informed about his admission cancellation.  On 10.12.2014 when the complainant went to submit his final assignment, that day the OP-1 informed the complainant about his admission cancellation.  On that day itself the complainant asked for his admission refund but the OP-1 told that he will get the application back after few days and then only he will inform the complainant about further options.  In the month of January 2015, the OP-1 informed the complainant that he will get the admission fee refund directly through Lovely Professional University.  Hence, the complainant telephoned the admission helpline of LPU and the representative asked him to write a mail to the said address on 30.01.2015.

4. On 19.02.2015 the complainant got reply from LPU that the admission fee was sent back to the study centre-EIKON India with rejected application.  Hence, the complainant made call to the OP-1 and informed the same to the OP-1.  Then also the OP-1 did not believe the complainant words and asked him to forward the mail that he received from the University.  So the complainant forwarded the mail on 23.02.2015.  The OP-1 assured him to refund the fee by the end of February 2015 for which the complainant provided the OP-1 all his Bank account details on mobile No.7848811185 but the complainant did not get back the money till the end of February 2015.

5. Again OP-1 assured the complainant to refund the fee by the end of March 2015.  In the mean time he changed his mobile number and the complainant was not able to contact him.  So the complainant again wrote mail to OP on 24.03.2015 for which the complainant did not get any reply.  On 28.03.2015 the complainant visited EIKON India Institute, Jayanagar to meet OP-1.  The OP-1 asked the complainant to give him some more time for fee refund.  The OP-1 assured the complainant that he will refund the amount by the end of April 2015.  Complainant again provided his Bank account details to him.  On 11.04.2015 the complainant reminded the OP-1 about fee refund on his new mobile No.9591644774 but did not get any reply.  On 27.04.2015 the complainant again asked the OP-1 about the refund but the OP-1 asked the complainant to contact the OP-2 for fee refund.

6. On 28.04.2015 the complainant again wrote mail to OPs to refund his admission fee by giving them deadline on 10.05.2015 failing which he will initiate legal action against centre authorities.  The complainant also sent a mail to Lovely Professional University mail ID

7. The complainant took admission so that he would save a year and would complete his education.  But the assurance of OP-1 has spoiled his whole year and hard work.  The complainant had to visit the institute 20-25 times in the whole year and telephoned to OP-1 so many times but never resolved problems.  OP-1 provided false information that he did not receive the admission fee back from University after rejection of his application and complainant will get the same from University.  If complainant would not have written to University then probably the complainant would not have come to know about the falseness of information furnished by the OP-1.  The complainant was very much stressed and nobody can give him back his valuable time.  Also for the last 5 months the complainant have been visiting the study centre, calling the OP-1 and writing mails many times but only got false assurances and trouble instead of admission fee refund. 

8.  Since the OPs despite service of notice failed to appear therefore were placed exparte.  Thereafter, the complainant was called upon to file his affidavit evidence. Accordingly, the complainant filed his affidavit evidence in lieu of oral evidence.

9. Perused the allegations made in the complaint, the sworn testimony of the complainant, various documents filed by him and other material placed on record.

10.  In his affidavit evidence the complainant stated that during the pendency of the complaint a sum of Rs.11,700/- has been transferred to his account towards refund of fee by OPs on 01.09.2015.

11. The allegations made in the complaint, the sworn testimony of the complainant coupled with various documents filed by the complainant goes to establish that the OPs have failed to get necessary admission to the complainant at Lovely Professional University as promised by them.  Moreover, the OPs have kept the complainant in dark for a long time regarding the rejection of his admission by the said Lovely Professional University thereby causing huge mental agony to the complainant.  The OPs informed the complainant about rejection of his admission only when he went to submit his assignment on 10.12.2014. This conduct of the OPS must have put the complainant to hardship and inconvenience apart from severe mental agony.  Though the complainant has received back the admission fee of Rs.11,700/- during pendency of this complaint, but he has not been compensated for the loss of one academic year due to deficiency in service on the part of the OPs.  The OPs did not appear and explain in the circumstances leading to the rejection of the admission of the complainant by the Lovely Professional University.  Therefore, we have not hesitation to hold that the OPs alone are responsible for the loss of academic year of the complainant and for hardship and mental agony suffered by him throughout.  Therefore, the OPs shall have to be directed to pay compensation of Rs.15,000/- for the deficiency in service resulting in hardship and inconvenience to the complainant together with litigation cost of Rs.3,000/-.

12.  In the result we proceed to pass the following:   

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.  OPs.1 & 2 jointly and severally directed to OPs are directed to pay a compensation  of Rs.15,000/- to the complainant towards deficiency of service together with litigation costs of Rs.3,000/-. 

OPs shall comply the order passed by this Forum within a month from today.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 31^st day of December 2015)

MEMBER                            MEMBER                     PRESIDENT

Vln/Nrs* 

COMPLAINT NO.990/2015

Complainant                 -        Sri. Vinit Kumar,

Bangalore-560 037.

                                          -vs-

Opposite Parties           -        1) Mr. Praveen Varma,

Centre Manager.

2) Mr.Kunal,

Centre Director,
Bangalore-560041.

Witnesses examined on behalf of the complainant dated 29.09.2015.

1. Sri. Vinit Kumar,

          OPs.1 & 2        -       Absent

MEMBER                           MEMBER                      PRESIDENT