Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member This appeal takes an exception to an order dated 09/02/2010 passed in consumer complaint no.426/2005, Gajanan Patil v/s. Narsee Monjee Institute of Management Studies (deemed university) & others passed by Additional District Consumer Disputes Redressal Forum, Mumbai Suburban District Consumer Disputes Redressal Forum (‘forum’ in short). Undisputed facts are that respondent/org. complainant had taken admission for ‘E-MBA’ course run by appellant institute. Said programme is known as ‘Executive-Master of Business Administration’. It is the grievance of the respondent that the prospectus and the information given relating to the said course by the appellant, gave impression that after successfully completion of the course, he will be awarded a Degree. Later on, it was informed that it would be only a Diploma which would be conferred on the complainant. Thus, he feel cheated. Therefore, after entering a correspondence with the appellant, respondent filed this consumer complaint inter-alia praying the reliefs as under:- “(a) The Opposite parties be directed to refund the entire fees of 96,150/- along with interest at 18% per annum from 19/4/2004 till payment and/or realization; (b) The Opposite parties be directed to pay to the complainant the compensation for the amount of 16,30,000/- details whereof are set out in Exhibit ‘K’; (c ) Cost of the complaint; (d) Such other and further reliefs as this Hon’ble Forum deems fit and proper in the facts and circumstances of the case.” The Forum, partly allowing the claim, awarded `50,000/- as compensation along with `5000/- as cost. Feeling aggrieved thereby this appeal is preferred by the original opponents. Heard Ms.Gayatri Sharma Ld.counsel appearing for the appellant and respondent in person. Perused the record. Only point that is pressed before us is that assumption of the respondent that by prospectus he was misleaded about the outcome of the completion of the programme i.e. he will be awarded not Degree but Diploma is erroneous and there was no misleading statement made by the appellant at any point of time and, thus, impugned order is passed on wrong assumptions. We have carefully considered the prospectus particularly, part of it under sub title “Assessment, Eligibility and the Admission Process”. Therein, it is categorically mentioned as under:- “……….The Project Report is an individual assignment that must be passed in order to award the degree…….” ( underlining provided). This particular statement with reference to conferring of the ‘Degree’ on completion of the programme corroborates the case pleaded by the respondent/ original complainant. It is tried to be submitted on behalf of the appellant that the word ‘Degree’ includes Diploma too. We are not much convinced about the same in the background of the facts established in the instant case. Besides that, the nomenclature “E-MBA i.e. Executive -Master of Business Administration” in common parlance signify that it is a post graduate degree that would be awarded to the candidates on successfully completing the course. Though it may be that appellant being a deemed university, no specific sanction to run the course required from the University Grant Commission (in short UGC) but certainly, the guidelines of the UGC are applicable to them. After taking cognizance of such mis-nomenclature of the course in question, as even admitted by the appellant, said course was renamed as “MPE” i.e. Management Programme for Executives on the suggestion made by UGC. This particular admission comes in a reply given to respondent’s query by the appellant in its E-mail reply dated 19/05/2005 (Exhibit C- annexure to the written version by the appellant). Thus, the deficiency in service vis-à-vis unfair trade practice on the part of the appellant giving the misguiding information or not making sufficiently clear about outcome of the course is well established. Thus, the view taken by the Ld.forum awarding compensation, supra, cannot be faulted with. Therefore, we find the appeal devoid of any substance and pass the following order:- ORDER Appeal stands dismissed. In the given circumstances, no order as to costs. Copies of the order be furnished to the parties. Pronounced on 4th July, 2011. | 
