DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 552/2015
D.No. ______________________ Dated: ______________
IN THE MATTER OF:
NIKUNJ GUPTA S/o LATE SH. SANJEEV GUPTA,
R/o C-13/35, SECTOR-3,
ROHINI, DELHI-110085. … COMPLAINANT
Versus
1. M/s HARLAL SCHOOL OF LAW,
(A UNIT OF HIMT GROUP OF INSTITUTIONS),
(THROUGH ITS CHAIRMAN/M.D./DIRECTORS/DEAN/
PRINCIPAL/SECRETARY/AUTHORIZED SIGNATORY),
8, INDL. AREA, KNOWLEDGE PARK-1,
GREATER NOIDA-201310.
(DISTRICT GAUTAM BUDH NAGAR, U.P.).
2. SH. VIPUL UPADHAYAY,
R/o H. No. 290, POCKET B-5,
SECTOR-3, ROHINI, NEW DELHI-110085. … OPPOSITE PARTY(IES)
CORAM : SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 15.05.2015
Date of decision: 31.07.2017
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SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainants has filed the complaint under Section 12 of Consumer Protection Act, 1986 on the allegations that in the month of June-2014, OP-1 through OP-2 approached the complainant at his residence at Delhi for taking admission in B.A. LL.B. (5 years) course (2014-2019) in CCS University and also provided its broacher for the said course and accordingly the complainant agreed for the same and paid a sum of Rs.24,000/- vide receipt no. 5835 dated 14.06.2014 and thereafter on demand of OP-1 the complainant paid the balance amount of Rs.19,000/- to OP-1 which was duly acknowledged vide receipt no. 6078 dated 26.08.2014. Thus the total sum of Rs. 43,000/- was paid by the complainant to OP-1 for his admission in B.A. LL.B. (5 years) course in CCS University which includes the tuition fee and the 1st year semester was commenced from 20.08.2014 and OP-1 also issued an Identity Card to the complainant which was valid for the period from 20.08.2014 to 20.06.2019. The complainant further alleged that on the assurance of admission in B.A. LL.B. course given by OP-1, the complainant got admitted in Rahul’s IAS Institute at Dr. Mukherjee Nagar, Delhi-110009 for Judicial Services coaching or higher/deep study in the field of law and also
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paid a sum of Rs.91,500/- to the coaching institute and all the times as and when the complainant visited the office of OP-1 for taking tuition for the 1st year course, sometimes the Lecturer were on leave and sometimes the OP-1 postponed the classes on one pretext or the other and upon asking by the complainant reason of not providing appropriate tuition, the management and other officials of OP-1 lingered on the matter on one pretext or the other. In the month of December-2014, when CCS University opened admission for the aforesaid course and various other courses for the colleges affiliated under it, the complainant approached OP-1 for getting registration/enrollment number issued by the University for the purpose of fulfilling examination form ONLINE but OP-1 kept on avoiding the complainant’s enrollment number on one pretext or the other. The complainant further alleged that as the time for appearing in 1st semester exams was too short, the complainant approached OP-1 and contacted the Dean, Principal, Director General, H.O.D. and all other officers concerned who informed the complainant that this time admission could not be done due to some technical reasons and further assured the complainant that by the 2nd semester they will get admit the complainant in CCS University for the aforesaid course and the exams of the 1st semester will be done with the 3rd semester of the course and that in the end of January-2015 while smelling the
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malafide and ill intentions of OP-1 of wasting entire professional one year, the complainant contacted OP-1 who on the pretext of some court case filed by OP-1 against the CCS University regarding the admission/enrollment in B.A. LL.B. course, OP-1 assured the complainant for the admission in the said B.A. LL.B. course and to show its bonafide the OP-1 issued a cheque bearing no. 424904 dated 03.02.2015 for Rs.33,000/- drawn on State Bank of Hyderabad, Noida Ghaziabad being the refund of part payment of admission fee so received by it, leaving a balance of Rs.10,000/- with them which was duly acknowledged by OP-1 vide separate writing dated 03.02.2015 with an assurance that the admission of the complainant must be done by the beginning of 2nd semester of the said session. The complainant further alleged that as promised by OP-1 the complainant in the last week of April-2015, contacted OP-1 to know about enrollment/admission with CCS University for the course as aforesaid as the examination forms for 2nd semester were going to start/open and also OP-1 started assuring the complainant for admission/entrance in the said semester for the session (2014-2019) but when the ONLINE examination forms were closed for the 2nd semester by the CCS University and on 08.05.2015, the complainant contacted the higher officials as well as the acting officials of OP-1 but all of them failed to give any satisfactory reply to the requests/querries of the complainant and
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since then the complainant is in the shock and trauma and the abovesaid acts of the OP clearly shows the malafide intention and there is deficiency in service and unfair trade practice on the part of the OP.
2. On these allegations the complainant has filed the present complaint and praying for refund of Rs.10,000/- being the balance amount of admission fee, as well as compensation of Rs.4,00,000/- and has also sought litigation cost with interest @ 24% p.a.
3. Notices were issued to the OPs through speed post. Thereafter Counsel for OP-1 filed Memo of Appearance dated 21.07.2015 but the OP-1 failed to file the written statement/reply despite giving repeated opportunity and OP-1 was proceeded ex-parte vide order dated 14.03.2016. Notice was also issued to OP-2 through speed post for appearance but none for OP-2 appeared despite service on 28.01.2017 as per track report and as such the OP-2 was proceeded ex-parte vide order dated 12.04.2017.
4. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record letter of authority in the name of Sh. Upender Gupta, copy of broacher issued by OP-1, copies of receipts no. 5835 dated 14.06.2014 for a sum of Rs.24,000/- and receipt no.6078 dated 26.08.2014 for a sum of Rs.19,000/- issued by OP-1, copy of Identity Card of the student issued by OP-1, copy of certificate
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dated 22.12.2014 of Rs.91,500/- as the fee charged by Rahul’s IAS Coaching Institute and copy of cheque no. 424904 dated 03.02.2015 for a sum of Rs.33,000/- issued by OP-1 with an acknowledgement of OP-1 either to refund Rs.10,000/- or to adjust in the next year tuition fee.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. It appears that even after receiving notices of this case from this forum and putting appearance through the counsel the OP-1 has kept mum and has not bothered to answer the case of the complainant. It seems that OP-1 has no defence at all. Accordingly the OP-1 is held guilty of unfair trade practice and deficiency in service.
6. We, accordingly, direct the OP-1 as under:
i) To refund to the complainant an amount of Rs.10,000/- being the balance amount kept by OP-1.
ii) To pay to the complainant an amount of Rs.10,000/- towards compensation for causing mental agony and harassment which includes litigation cost.
7. The above amount shall be paid by the OP-1 to the complainant within 30 days from the date of receiving of this order failing which
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OP-1 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OP-1 fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 31st July, 2017.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
