PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Saturday the 30th day of April 2022
C.C.96/2021
Complainant
Mr. Anandan K.V.K
S/o. Shri Raman K.V.K
Nandanam House
Areekkad P.O
Kozhikode – 673 027
(By Adv. Sri. Santhosh. A)
Opposite Party
Mrs. Angella Benedict
D/o. NK, Aged NK
Managing Director
Nission Educational Consultants Pvt. Ltd.
SJN Towers, 111 Sterling Road, Nungampakkam
Chennai – 600 034
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By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under the Consumer Protection Act, 2019.
2. The case of the complainant, in brief, is as follows:
The complainant’s son Abhiram.K.V.K took admission in Haybusak Medical University, Armenia for MBBS course through the opposite party company (Nission Educational Consultants Private Limited), in September, 2019. All necessary certificates and documents were handed over to the Kozhikode office of the opposite party for verification as directed. Agency commission and other expenses of Rs.1,10,000/- was paid to the opposite party in three instalments on 01/06/2019,10/06/2019 and 18/06/2019 for which receipts were issued. The opposite party sent a letter dated 27/07/2019 to the complainant asking him to deposit the first year fee amount in the account of Nission Educational Consultants and stated that admission would be granted only if the said amount was paid to the Haybusak Medical university, Armenia in the first year by the agency and also told him to pay the amount in the account of Mrs. Angella Benedict. Thereafter, the complainant deposited Rs.6,75,000/- on 20/08/2019 and Rs.93,785/- on 02/09/2019 by transferring to opposite party’s account.
3. On 04/09/2019 the complainant received information from Nission Educational Consultants about the departure of his son to the Haybusak Medical University, Armenia for MBBS course and asking him to send Rs.39,700/- as airfare. He transferred the same amount in the account of Sahaya Prakash Benedict as instructed by the opposite party.
4. The classes started for Abhiram in the month of October, 2019. It was promised by the opposite party that a single room accommodation would be provided for Abhiram in the university. But his son got a big hall room accommodation in the hostel instead of single room as promised.
5. By the half of the second semester, due to Covid-19, the university was closed and when Abhiram was returning to India, he was stopped by the hostel owner stating that the hostel rent was outstanding and the opposite party had not paid the fees. Abhiram promised to pay the amount on return from India and the hostel owner agreed.
6. On 20/06/2020 the Haybusak Medical University, Armenia instructed the complainant to pay the full amount directly to the university account and also demanded to pay 1350 US dollars immediately or else Abhiram would be expelled from the university. It was also informed that they cancelled the entire contract with the opposite party and that Abhiram would have to sign the new contract with the university which would cost 3800 US Dollars. Also in June, 2020 a message came from the said university to the effect that the opposite party had not paid the second semester fee to the university which was collected from the complainant earlier as first year fee. The opposite party has cheated the complainant and his son by not paying full fees to the university. The opposite party has not paid the fee in US dollars 3250 to the university for second semester, half of the miscellaneous fees in US dollars 1,000, medical insurance fee US Dollars 200 and plus two equivalency fee 350 US Dollars. Total US Dollars 4,800 had not been paid to the university by the opposite party, though the same was collected from the complainant in advance.
7. On 22/04/2021 the complainant issued a lawyer notice to the opposite party demanding return of the amount not paid to the university. Though the notice was received by the opposite party, no reply was sent. The complainant was put to huge monetary loss and mental agony by the act of the opposite party which amounts to unfair trade practice. Hence the complaint to direct the opposite party to pay US Dollars 4800 or equivalent value in Indian Rupees amounting to Rs.3,64,000/- along with compensation of Rs.1,00,000/- for the mental agony and hardship suffered by the complainant.
8. The opposite party, in spite of service of notice, failed to appear before this Commission. Hence the opposite party was set ex-parte.
9. The points that arise for determination in this case are:
(1) Whether there was any deficiency in service or unfair
trade practice on the side of the opposite party?
(2) Reliefs and costs.
10. Evidence consists of the oral evidence of PW 1 and Exts. A1 to A12.
11. Heard.
12. Point No.1: The complainant has approached this Commission with a grievance that there was unfair trade practice on the part of the opposite party in not remitting the second semester fees in the Haybusak Medical University, Armenia, where the complainant’s son Abhiram was studying for MBBS. Abhiram took admission in the said university through the opposite party and the entire first year fee was collected by the opposite party from the complainant in advance. According to the complainant, total fee of 4800 US Dollars under different heads was not remitted by the opposite party in the university and hence he seeks refund of the same along with compensation of Rs.1,00,000/-.
13. In order to substantiate his case, the complainant got himself examined as PW1. PW1 has filed proof affidavit in terms of the averments in the complaint and supporting the claim. Ext. A1 call letter, Ext. A2 prospects and Exts. A3 to A5 receipts prove that the complainant’s son Abhiram took admission in Haybusak Medical University, Armenia for MBBS through the opposite party. Ext. A6 letter and Exts.A7 and A8 counter foils prove that tuition fee, hostel fee, miscellaneous charges and medical insurance and check-up fee for the first year amounting to 8700 US Dollars was transferred to the account of the opposite party by the complainant. It is averred in the affidavit that opposite party had not paid the second semester fee in the first year which he had collected from the complainant in advance and the total amount unpaid by the opposite party is US Dollars 4800 equivalent to Indian Rupees 3,64,000/-. Ext. A10 is the lawyer notice issued by the complainant calling upon the opposite party to return US Dollars 4800 or its equivalent value in Indian rupees. Ext. A11 is the postal receipt and Ext. A12 postal acknowledgment card proves the receipt of the notice by the opposite party. But it is seen that the opposite party did not even care to send a reply notice.
14. The evidence of PW 1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The case of the complainant stands proved through the testimony of PW 1 and Exts. A1 to A12 documents.
15. The act of the opposite parties amounts to gross unfair trade practice and deficiency in service. The complainant is entitled to get refund of US Dollars 4800 equivalent to Indian Rupees 3,64,000/- from the opposite party. It goes without saying that by the unfair act of the opposite party, the complainant was put to great mental agony and hardship, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances of the case, we are of the view that a sum of Rs.25,000/- will be reasonable compensation in this regard. The complainant is also entitled to get Rs.5,000/- as cost of the proceedings.
16. Point No. 2: In the light of the finding on the above point, the complaint is disposed of as follows:
(a) CC 96 /2021 is allowed in part.
(b) The opposite party is hereby directed to pay a sum of
Rs.3,64,000/- (Rupees three lakh sixty four thousand only) to the
complainant with interest at the rate of 6% per annum
from the date of the complaint ie 02/07/2021 till actual
payment.
(c) The opposite party is directed to pay a sum of
Rs.25,000/- (Rupees twenty five thousand only) to the
complainant as compensation for mental agony and hardship
suffered.
(d) The opposite party is directed to pay a sum of Rs.5,000/- (Rupees
five thousand only) to the complainant as cost of the
proceedings.
(d) The order shall be complied with within 30 days of the receipt of
the copy of this order.
Pronounced in the open Commission on this the 30th day April, 2022
Date of Filing: 02/07/2021
Sd/-
PRESIDENT
Sd/-
MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Call letter
Ext. A2 - Prospects
Ext. A3 – Receipt
Ext. A4 – Receipt
Ext. A5 – Receipt
Ext. A6 – Letter
Ext. A7 – Counter foil
Ext. A8 – Counter foil
Ext. A9 – Letter
Ext. A10 – Lawyer notice
Ext. A11 – Postal receipt
Ext. A12 – Postal acknowledgement card
Exhibits for the Opposite Party
Nil
Witnesses for the Complainant
PW 1 – Anandan .K.V.K - (Complainant)
Witnesses for the opposite parties
Nil
Sd/-
PRESIDENT
Sd/-
MEMBER
Forwarded/By Order
Assistant Registrar
