OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.27/2014
Present:-
1)Md.Sahadat Hussain, A.J.S. - President
2)Sri Upendra Nath Deka - Member
Shahnoor Rahman - Complainant
S/O Abdur Rahman,
R/O R.G.Baruah Road,Jurani Path,
House No.16,Guwahati-781005, Assam
-vs-
1) The Assam Valley International (AVI), (The Assam Valley Education Society ) -Opp.Parties
Represented by its Director, Md.Lutfor Rahman
Head Office-Dr.R.P.Road,Dispur Last Gate,
Guwahati-6,District: Kamrup,(M),Assam
2) Md.Lutfor Rahman, Proprietor Cum Director
The Assam Valley International (AVI)
(A Co-Educational Institute), Dr.R.P.Road,
Dispur Last Gate, Guwahati-6,
District: Kamrup,(M),Assam
Appearance-
Learned advocate Md.Hosnul Houque for the complainant
Date of argument- 12.5.2016
Date of judgment- 26.5.2016
Exparte Judgment
1) This is a case u/s 12 of Consumer Protection Act,1986.
2) The complaint filed by the complainant Md.Shahnoor Rahman was admitted on 11.3.14 and notices were served on the opp.parties and they also filed written statement. After filing w.s. the opp.party defaulted to appear and hence this case, vide order dated 18.3.16, is proceeding on exparte. The complainant filed his affidavit and then-after, Ld advocate Mr.H.Hoque filed the written argument and forwarded his oral argument on 12.5.16. Today, we deliver the judgment which is as follow-
3) The complainant’s case in brief is that, Opp.Party No.1, the Assam Valley International (AVI) (The Assam Valley Education Society), is a educational Institution having its head office at Dr.R.P.Road, Dispur (Guwahati) run by Md.Lotfur Rahman (Opp.Party No.2) under franchise of Chandra Mohan Jha University (CMJ), Shillong, and Opp.Party NO.2 is the proprietor/director of the said educational institution. The function of Opp.Party No.2 provide admission for Ph.D.degree to the eligible candidates, provides research guides, reference books, coaching course for the course of Ph.D.degree, enhance test, enrollment and all kinds of facilities through Opp.Party No.1 under CMJ University , Shillong for a period of two years duration would be entitled to get the aforesaid facilities through Opp.Party No.1 for obtaining Ph.D.degree under CMJ University, Shillong. Opp.Party No.2 published several advertisements in “Assam Tribune” in the year of 2010 inviting eligible candidates for admissions CBSE ( I –XII) “The Assam Valley International School and U.G.C. recognized Ph.D. degree, AVI college at Dispur Last Gate stating contact No. 98640-45878 and 98540-29885. This advertisement was also published through electronic media also. On perusal of said advertisement, the complainant contacted Opp.Party No.1 and Opp.Party No.2 who showed Rules and Regulation of the Institution for obtaining Ph.D.degree under the Francise of CMJ University, Shillong. Opp.Party No.2 stated to the complainant that Opp.Party No.1 is a recognized educational institution/franchise under CMJ University, Shillong. Then Opp.party No.2 sold educational package for a period of two years w.e.f. June,2011 to June, 2013 to the complainant in the name of Opp.party No.1 with assurance that he will provide all kinds of aforesaid facilities through Opp.Party NO.1 for obtaining Ph.D. degree under the said university. Being convinced the complainant purchased the said educational package for obtaining Ph.D.degree for the session, June,2011 to June ,2013, from Opp.Party NO.2 [paying consideration of Rs.2,27,100/- (deposited Rs.52,100/- vide receipt No. 1821 dt.20.12.2010, Rs. 55,000/- vide receipt No.1862 dt.12.1.2011, Rs.54,000/- vide receipt No.1899 dt. 3.6.2011, Rs.10,000/- vide receipt No. 2566 dt. 25.7.2011, Rs.54,000/- vide receipt No. 2580 dt.13.8.2011, Rs.2,000/- vide receipt No.2581 dt.13.8.2011] which was duly received by the opp.parties, which includes admission fee, tution fee and other charges of obtaining Ph.D. degree under CMJ university, Shillong through Opp.Party No.1 run by Opp.Party No.2. Some other candidates also purchased the said package. Thereafter, the complainant alongwith other candidates was waiting for such educational service for obtaining Ph.D. degree as said, but opp.Party No.2 concealed himself without providing such service to them and he also visited the office of Opp.Party No.1 regularly to meet Opp.Party No.2, but all the times he was found absent and on the pressure, Opp.Party No.1s’ office provided some documents to him without providing educational service to him. The complainant then made an enquiry at CMJ University and found that the registration certificate and the course work completion certificate issued CMJ University are fake and manufactured documents, and on-line verification, it was also found that Opp.Party No.1 has no such kinds of facilities under the said university, and then he met Opp.Party No.2 and asked Opp.Party NO.2 to return the money he had paid to him, but he did not respond and then he and other candidates lodged FIR against him on 11.8.13 which was registered as a case, vide Dispur P.S. Case No.1635/2013 u/s 120 (B) 7420/406/468/471 IPC. As the Opp.Party No. 1 & 2 has not provided educational service to him as promised under the package, thereby, they committed deficiency of service towards him and hence they are liable to return him the money with interest at the rate of 18% p.a. and pay compensation to the tune of rupees two lakhs.
4) Opp.Party side, by filing written statement, admits that Opp.Party No.1 was authorized by CMJ, University, Shillong as academic counseller to provide guide to the students interested for taking admission in CMJ University, Shillong for the name of C.M.J.; and after collecting the fees they deposited the same to the university and letter No. CMJ U/AUTH/2012-13/305 is the said authorization letter; and that Ph.D.course is the regular course and whatever amount deposited by the complainant has been deposited against the said course, and that in pursuant to the order of Supreme Court dated 13.9.2013 in SLP© No. 19617/2013, CMJ University faced dissolution, and the Meghalaya Government seized almost all the documents of the university including documents relating to the admission in the course of the complainant and the fees deposited by him , and hence no document of admission of the complainant and the fees paid by him are not available with them; and that as per said order of the Supreme Court, the admission provided to the complainant alongwith the admission and degrees of other students are declared illegal and as such the complainant is at his liberty to file representation to the Government of Meghalaya. Opp.parties further states that educational materials of Ph.D.degree were being provided to the complainant time to time by them and they are not guilty of deficiency of service.
5) We have perused the pleadings of the parties as well as the evidence adduced by the complainant. The Opp.Party No.2 – Md.Lutfor Rahman, in his written statement, admits that Opp.Party No.2 Assam Valley International ( The Assam Valley Educational Society) is a educational institution formed and established by him and he is the proprietor and director of that establishment and his establishment is an academic Councellor to provide guidance to the students interested for taking admission in their respective courses including Ph.D.course in Chandra Mohan Jha University, Shillong (Meghalaya). Thus, it is established that Assam Valley International (Opp.Party No.1) is an educational Institution established by Opp.Party No.2 Md.Lutfur Rahman and it is situated at Last Gate, Dispur, (Guwahati-6) and Opp.Party No.2 is the director and the proprietor of it and its function is to provide admission of Interested students in different courses including Ph.D.course in Chandra Mohan Jha University (CMJ University), Shillong
6) The complainant states that Opp.Party No.1, on several days in the year of 2010, published advertisements in Assam Tribune inviting candidates for admission in CBSE (I- XII) the Assam Valley Internatinal School and for U.G.C. recognized Ph.D.degree in AVI College, Dispur Last Gate, Guwahati. Perusing the evidence of the complainant, it is found that opp.Party No.1 gave advertisements in “The Assam Tribune” in the issue of 31st Oct and 30th Nov,2010 inviting students for students for admission in CBSE course (I- XII) and UGC recognized Ph.D. course in Assam Valley International College, and Exhibit 4 & 5 are paper cuttings of their advertisement. This fact is admitted by opp.parties in their written statement.
7) The complainant states that after perusing Ex.4 & 5 advertisement he went to Opp.Party NO.1 where he met Opp.Party No.2 and discussed with him about the Ph.D.course and Opp.party No.2 showed him the rules and regulations of the institution for obtaining Ph.D. degree under Franchise of CMJ University, Shillong, and told him that Opp.Party NO.1 is a recognized education institution/Franchise under CMJ University, Shillong, and Opp.Party NO.2 sold to him the package of two years Ph.D. course of the session w.e.f. June,2011 to June,2013 in the name of Opp.Party No.1 with assurance that Opp.Party No.2 will provide all kinds of facilities through Opp.Party no.1 for obtaining Ph.D. course under CMJ University, Shillong, and he then [paid/deposited Rs.52,100/- vide receipt No. 1821 on 20.12.2010, Rs. 55,000/- vide receipt No.1862 dt.12.1.2011, Rs.54,000/- vide receipt No.1899 dt. 3.6.2011, Rs.10,000/- vide receipt No. 2566 dt. 25.7.2011, Rs.54,000/- vide receipt No. 2580 dt.13.8.2011, Rs.2,000/- vide receipt No.2581 dt.13.8.2011) in total Rs.2,27,100/- ] to Opp.Party No.2 in cash for that course. The opp.parties admit this fact in their written statement. Thus, it is established that Opp.Party No.1 and Opp.Party NO.2, vide their advertisement, in the issues of 31st Oct,2010 and 30th Nov,2010; invited interested candidates for Ph.D.course (two year)(U.G.C. recognized degree) in OPp.party No.1 and after looking that advertisement, the complainant went to the office of Opp.Party No.1, where he talked with Opp.Party No.2 and Opp.Party No.2 told him that Ph.D.course is the U.G.C. recognized course and Opp.Party No.2 then sold that course to him for consideiration of Rs.2,27,100/- and he paid the entire amount to Opp.Party No.2 in cash, but in instalment. It is also established that the course was of two years course w.e.f. June, 2011 to June ,2013 .
8) The complainant further states that opp.parties are to provide admission for obtaining Ph.D.degree in C.M.J. University and the service of entrance test, enrollment, research guides, reference books and necessary coaching course. This fact is admitted by the opp.parties in their written statement , but the opp.parties provided nothing to him; and on pressurizing Opp.Party No.2, he gave Ext.12 & 13 documents to him which seems to be provided by CMJ University , but on enquiry it was found that all these documents are false and manufactured one and thereby the opp.parties totally failed to provide such service to him. The opp.parties in their written statement admit that CMJ University was dissolved by Meghalaya Government in pursuant of the order of Supreme Court of India dated 13.9.13 in SLP No. 19617/2013 .But the opp.parties does not state anything as to how they provided service to the complainant and whether they arranged for admission of the complainant in Ph.D.course in CMJ University and whether they assisted him in doing research to obtain Ph.D.degree. This silence of the opp.parties infers that what the complainant states is true. Secondly, opp.party No.2 in their written statement, admits that he possess no document to show that he deposited the money received from the complaint to CMJ University for admission of the complainant in Ph.D.course. Thus, his statement that he deposited the money he had received from the complainant, in CMJ University for admission of the complainant in Ph.D.course in that university is not proved at all.Thus, it is clearly established that Opp.Party No.2 has neither deposited the amount (Rs.2,27,100/-) which he had received from the complainant as admission fee and tution fee and fee for research guidance for Ph.D.course to CMJ University nor made any arrangement for his tution, research for Ph.D.degree, meaning thereby the opp.paties defaulted to give service of admission, tution as well as research to the complainant for Ph.D.degree course, and thus it is a clear case of deficiency of service towards the complainant , but CMJ University is no way involved, in such deficiency of service. The opp.parties are service- providers of service, which is education service to the complainant, and therefore , the opp.parties stands in the status of service-provider and the complainant in consumer of service under them and hence he is covered under “consumer” defined under section 2(1)(d) of Consumer Protection Act,1986. In view of above discussion we hold that the opp.parties are liable to return Rs.2,27,100/- (Rupees one lakh thirteen thousand) which they had received from the complainant as cost /fees of two years study course/research course for Ph.D.degree, and they are also liable to pay him Rs.10,000/- as compensation for causing harassment to the complainant and another amount of Rs.10,000/- as cost of proceeding.
9) Because of what has been discussed as above, the complaint is allowed on exparte against both the opp.parties with direction to them to refund Rs.2,27,100/-(Rupees two lakhs twenty seven thousand one hundred) to the complainant, Shahnoor Rahman which they had received from him as cost/fee for Ph.D.course with interest at the rate of 12% p.a. from the date of filing of this complaint (11.3.14) and to pay Rs.10,000/- as compensation and Rs.10,000/- as cost of proceeding, to which they are jointly and severally liable. They are directed to pay the amounts within two months , in default of which , other two amounts shall also carry interest in the same rate.
Given under our hands and seal of this forum on this day 26th May,2016.
Free copies of judgment be delivered to the parties.
(Md.S.Hussain) (Mr U.N.Deka)
President Member
