CC Filed on 23.06.2009<br /> Disposed on 10.12.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 10th day of December 2009<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 46/2009<br /> <br /> Between:<br /> <br /> <br /> Ashwin Singh,<br /> S/o. Narayan Singh,<br /> Aged about 22 Years,<br /> #67, 6th Block, KSRTC Quarters,<br /> Wilson Garden, <br /> Bangalore – 27.<br /> <br /> <br /> (By Advocate Sri. D.S. Ramagopal & others) <br /> <br /> <br /> V/S<br /> <br /> <br /> 1. Principal,<br /> Gupta College of Management <br /> & Technology (GCMAT)<br /> # 327, Brahmin Street,<br /> Sharada Talkies Road,<br /> Kolar.<br /> <br /> 2. Gupta Education Trust,<br /> # 808, 100ft. Ring Road, BSK 3rd Stage,<br /> (Near Hosekerehalli Telephone Exchange)<br /> Bangalore – 85. <br /> <br /> <br /> (By Advocate Sri. N.G. Vasudev Murthy & others) <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Parties<br /> <br /> <br /> <br /> <br /> ORDERS<br /> <br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to refund Rs.85,000/- paid towards course fees with interest and to award compensation of Rs.1,00,000/- for mental agony and loss of future education and to direct the OPs to return the original Marks Card of SSLC, PUC and B.com submitted to them with costs. <br /> <br /> 2. The case of complainant may be stated as follows: <br /> That the opposite parties advertised to offer M.B.A. course of International American University, Los Angeles, USA, in Kolar town and the complainant was attracted by it and visited the office of OP-1 and enquired the principal and its management and they assured to provide loan facility to complainant to continue the education and he was motivated to get admission as early as possible on first come first serve basis. OP-1 has provided admission to complainant to M.B.A. course at Kolar by receiving Rs.5,000/- and Rs.80,000/- towards course fee on 20.09.2008 and 22.09.2008 respectively and receiving all his original marks cards of S.S.L.C., P.U.C., and B.com. <br /> <br /> It is alleged that the complainant attended the classes regularly and completed Ist semester. The OP.1 and 2 did not issue authenticated marks card for having passed Ist semester, but they issued a certificate and told that the said certificate itself is original marks card and they also told to visit the OPs’ internet site for more details. The complainant checked the internet site but did not find any details. It is alleged that the complainant losing hope of getting M.B.A degree gave a requisition dated 08.05.2009 for cancellation of M.B.A admission and to return original marks cards and again on 09.05.2009 he gave another requisition as desired by OP.1. The complainant has alleged that the OPs failed to provide proper accumulation of class rooms and there was no proper teaching faculty and failed to provide any basic amenities. Further he alleged that the OPs illegally demanded Rs.2,00,000/- and that the institution was unregistered and that there was no clear cut fee structure and prospectus of this Institution. Therefore he filed the present complaint. <br /> <br /> <br /> 3. The OPs appeared and filed their common version. The OPs have denied all the adverse allegations made against them. They admitted that complainant was admitted for M.B.A course at Kolar on receiving Rs.85,000/- course fee and also his original marks cards. They contended that the course fee is non-refundable and the same is printed on the receipt itself. They contended that M.B.A is 2 years course consisting of 4 semesters and the first year admission in 2008 started during September and the course fee prescribed for entire M.B.A course was Rs.2,00,000/- payable in two installments in each year. It is contended that the complainant was required to pay Rs.1,00,000/- for first year and he paid only Rs.85,000/- and he was required to pay balance of Rs.15,000/- before the completion of academic year. Further that the complainant completed first semester and secured first class in that semester which was completed in February 2009 and thereafter he continued the second semester till May 2009 and for the reasons best know to him he discontinued the course. Further they contended that the complainant requested for issue of certificate on 30.05.2009 and accordingly OP.1 issued a certificate stating that the complainant has completed first semester securing first class and second semester is in progress. Further that there is no procedure to issue marks card for each semester and the marks card will be issued by the International American University after completion of M.B.A course. Further it is contended that the complainant was well aware of these facts and he continued for more than 3 months in second semester. They denied the other allegations made by complainant. Therefore they prayed for dismissal of the complaint. <br /> <br /> 4. The parties filed their affidavits by way of evidence and produced documents. We heard both parties. <br /> <br /> 5. The following points arise for our consideration:<br /> <br /> 1. Whether the complainant proves that there was <br /> deficiency in service by OPs ?<br /> <br /> 2. If point No.1 is held in affirmative to which reliefs<br /> the complainant is entitled to?<br /> <br /> 3. What order? <br /> <br /> 6. After considering the records and the evidence and the submissions of parties our findings in the above points are as follows:<br /> <br /> Point No.1: From the documents produced by OPs, we made an effort to ascertain the identity and status of OPs. OP.2 is an Educational Trust formed to run educational institutions. It is running one degree college and one pre-university college in Bangalore and one pre-university college at Kolar. These colleges are affiliated to Bangalore University and Pre-University Board respectively and also approved by Government of Karnataka. The said Trust also established Gupta College of Management & Technology (GcMAT). It appears the GcMAT is in the nature of coaching class or tutorial. It is not affiliated to any University or approved by any State Government or Central Government. International American University (IAU) Los Angeles, USA has issued a recognition certificate to GcMAT Bangalore India, that it is an official eduPartner and is authorized to carry out educational services on behalf of IAU. Therefore one can say that GcMAT is a collaborative partner of IAU, USA. Ultimately the degrees are awarded by IAU. The OPs claim that the degree awarded IAU is internationally recognized. The following passages in the prospectus of GcMAT lead to the above conclusions. <br /> <br /> “Higher education has become a competitive and internationally tradable service in many ways with the Indian brain, being tagged the highest. This became the guiding force in setting up of Gupta College of Management & Technology (GcMAT) in the country with primary objective of “Nurturing of talents and grooming of first generation entrepreneurs”.<br /> With the courage to aspire and passion to be the pioneers, a group of academicians, administrators and corporate philanthropists created new vistas by establishing the State-of- the Art Business School – GcMAT which is a unique centre for industry-academia interface to meet the changing needs of the corporate and industrial houses in the country. The College is aimed at promotion of excellence in higher education, corporate training, advanced research and management consultancy for continuous improvement in managerial performance”. <br /> <br /> Gupta College of Management & Technology (GcMAT) and International American University (IAU) have joined forces to break the conventional mould of MBA pedagogy to offer business education to practicing managers and young management students besides first generation entrepreneurs in the context of their own jobs and the needs of their own organizations. It is in this connection, IAU in association with its international academic partner-GcMAT has launched various programs for regular students and working professionals. The IAU and GcMAT faculty members along with Indian corporate leaders will train Indian students as successful business executives and managers. Indian students can do their project work under the guidance of IAU professors. Further more they can get global placement opportunities since MBA degree awarded by IAU is internationally accredited.<br /> <br /> The Degrees are awarded by International American University in recognition of GcMAT’s excellent standard of Education. GcMAT conducts its Autonomous programmes and these do not come under the purview of AICTE, UGC, or any other acts.” <br /> <br /> Regarding discontinuation of the course the instruction is as follows:<br /> “Discontinuation of the Course: After joining the course and attending the classes, if any candidate wishes to discontinue the course after the completion of a semester, he/she will have to pay the entire tuition fee for the remaining period, to get relief from GcMAT and return of certificates & documents.”<br /> <br /> 7. The Learned Counsel for the OPs submitted that Gupta Educational Trust has permitted in recent years to open a Branch of GcMAT at Kolar to facilitate study of MBA for the students of this place and thereafter a Branch of GcMAT is running in a building situated at Sharada Talkies Road and the students are being admitted here. <br /> <br /> While giving attractive advertisement of GcMAT Kolar Branch the OPs have not prepared any prospectus relating to this Branch, but on the other hand it appears they handed over the prospectus relating to GcMAT Bangalore. They have also not intimated in writing the fee structure applicable at Kolar Branch. Therefore by merely seeing the prospectus of GcMAT Bangalore a student is likely to be misled, seeing the infrastructure and other facilities provided in Bangalore for this College as shown in the prospectus. The Learned Counsel for OPs submitted that the students have visited the Branch at Kolar before joining the course and they had the opportunity to see the infrastructure provided here and to make a decision whether to join here or not. It may be true but the minimum requirement is to publish a prospectus relating to this Branch and to say in advance the fee structure of the course provided here. In the present case, the complainant states that he visited the Kolar Branch of GcMAT and he saw the attractive advertisement and assurances given by the OPs. The fee structure for the course might have been intimated orally to complainant. The other papers produced by OPs show that the fee for the M.B.A course collected was Rs.2,00,000/- per student. The complainant attended first semester and got first class in it and he also attended second semester for 2-3 months. The attendance register shows that even after first semester the complainant attended the college. In the representation dated 08.05.2009 the complainant requested to return of original marks cards produced by him and stated that for his personal reasons he was not able to continue his education. In the letter dated 09.05.2009 further he requested for return of proportionate fee paid by him and requested to charge only the course fee for first semester. It appears at that stage the OPs might have insisted for payment of the balance course fee of Rs.1,15,000/- for return of original marks cards. For that reason it appears the complainant was forced to file the present complaint. <br /> <br /> As already noted GcMAT is in the nature of tutorial imparting education to obtain degree from IAU. The complainant has not pointed out any provision of law restricting the right of OPs to run such Institution. The OPs do not claim anywhere that GcMAT is affiliated to any University or approved by any Government. <br /> <br /> In the facts and circumstances of this case we think return of course fee to complainant is not justified as he had attended the first semester as well as some months in the second semester. His contention that the amount already collected by him towards course fee was for the entire course and the further demand for Rs.2,00,000/- towards balance course fee, appears to be not true. The two letters of complainant show that for his personal reasons he was forced to leave the study in the middle. As already noted one cannot deny that the OPs have not placed all facts and figures relating to Kolar Branch of GcMAT and they made efforts to persuade the students to join the course here by handing over or showing the prospectus relating to GcMAT Bangalore and they have also not intimated in writing the fee structure for the course at Kolar Branch. We hold that to this extent there is deficiency in service by OPs which is likely to mislead a student intending to join the said course. Accordingly point No.1 is held in affirmative. <br /> <br /> Point No.2: Considering the facts and circumstances of the case, we think a sum of Rs.20,000/- may be awarded as compensation to complainant. The OPs may be directed to return the original marks cards of complainant. Hence Point No.2 is held accordingly.<br /> <br /> Point No.3: For the above reasons we pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is partly allowed with costs of Rs.1,000/-. The opposite parties shall pay compensation of Rs.20,000/- (Rupees Twenty Thousand only) to complainant within one month from the date of this order. In case of default, the said amount shall carry interest at the rate of 6% p.a. from the date of default till the date of payment. <br /> <br /> Further OPs shall return to complainant his original marks cards of SSLC, PUC and B.com immediately. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 10th day of December 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />