DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.583/2013
Sh. Vaibhav Sharma
S/o Sh. H. G. Sharma
169, Mehrauli,
New Delhi-110030
….Complainant
Versus
Shri Sharda Institute of
Indian Management Research
7, Institutional Area, Phase-II,
Vasant Kunj, New Delhi-110070 ……Opposite Party
Date of Institution : 02.12.13 Date of Order : 10.02.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that the OP’s staff who claims to be an autonomous body claiming accredition from AICTE for imparting courses like MBA Degree to the such Complainants from Western Trinity University of UK as admitted by OP in their letter dated 28.7.13 lured him to take admission and the application form and prospectus of Rs.500/- was purchased by him on 11.07.13. Thereafter he was asked to deposit course fee of Rs.25,000/- and the OP issued receipt No.15395 dated 16.07.13. The OP unilaterally decided to change the admission course for a degree MBA to PGDM which is a diploma course. He had decided to take the education loan for which he was to file certain documents for the loan formalities but even after two months, the OP did not provide any documents. He requested to withdraw the admission and requested the OP to refund the deposited fee without attending any class or utilizing any service/facility from the OP but the OP refused to make the payment. He sent the notice to the OP but the OP refused to accept the same. Hence, claiming deficiency in service and unfair trade practice on the part of the OP, the Complainant has prayed as under:-
- Direct the OP to refund the deposited amount of Rs.25,000/- alongwith 24% interest from the date of deposit.
- Direct the OP to pay Rs.25,000/- for mental agony and harassment caused to the Complainant.
- Direct the OP to pay Rs.25,000/- towards cost of litigation.
OP has been proceeded exparte vide order dated 06.03.14 passed by our predecessors.
Complainant has filed his own affidavit in evidence and written arguments.
We have heard the Complainant and have also gone through the file very carefully.
OP has knowledge about filing of the complaint but has not chosen to contest it.
It stands proved that the Complainant had deposited Rs.25,000/- towards admission fees for two years PGDM programme 2013-15 (for the purpose of identification we mark the document as annexure -A). Receipt of the payment of Rs.25,000/- issued by the OP has been filed (for the purpose of identification we mark the document as annexure -B). The Complainant vide letter dated 23.09.13 requested the OP to return the certificates and documents (for the purpose of identification we mark the document as annexure -C). It is mentioned in the letter, “I am very grateful to the Institute that I have received all my certificate on date…………. I hereby also declare that there are no dues left of mine with the institute”. He had received all the documents on 23.9.13 itself. Thus, on 23.9.13 the OP was not liable to pay any amount of money to the complainant. Hence, the complaint is false and frivolous. We accordingly dismiss it with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 10.02.16.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 583/13
10.02.2016
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room
(NAINA BAKSHI) (N. K. GOEL) MEMBER PRESIDENT
