1. Rupa Jha,

            6/T, Kankulia Road,

            Railway Quarters, Kolkata – 29.                                                              _________ Complainant

____Versus____

1. The Director,

            International Business School of Management,  

            20/A, Ashutosh Chowdhury Avenue,

Ballygunge Phari, P.S. Ballygunge, Kolkata-19.

1. Sudip Ray Choudhury,  Represnting

Ygen Management Consulting Pvt. Ltd.,

24A, Shakespeare Sarani, Parijat Building,

1^st Floor, P.S. Shakespeare Sarani, Kolkata-17.                                      ________Opposite Parties

1. Gulbarga University,

Ganga Ganga Campus,

Gulbarga, Karnataka-585 106                                                        ________Proforma Opposite Party

Present :           Sri Sankar Nath Das, Hon’ble President

                          Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   14    Dated   30-05-2014.

          The case of the complainant in short is that complainant willing to pursue an MBA course, had taken admission at the institution of o.p. no.1 for the academic session 2011-2013 for a two years full time MBA-Degree – Industry Interactive Programme, along with Post Graduate Programme in Planning and Entrepreneurship (PGPPE) along with Certificate Programme in French (CPF), Personality and Employability Certificate Programme (PEM), English Module Certificate (EMC) and Essentials of SAP / ORACLE certificate.

            Complainant had paid a total of Rs.1,25,000/-for the total course fees including all facilities and benefits allegedly provided by o.p. no.1 under different headings.

            Accordingly, complainant paid the regn. fees and received the selection letter along with provisional admission letter  from o.p. no.1.

            O.p. no.1 had advertised that they were directly enrolled with Manonmaniam Sundaranar (M.S) Univserity, Tamil Nadu only through their brochure and no documentary proof of regn. had ever been submitted by o.p. no.1 to the complainant, nor any university regn. roll number had been provided to the complainant till date. Copy of affiliation with M.S. University from the year 2009-2010 is marked as annex-D.

            Some time in October, 2011 o.p. no.1 had informed the complainant verbally that the affiliation of o.p. no.1 had been changed from M.S. University, Tamil Nadu to Gulbarga University, Karnataka and even then, no documentary proof was given to the effect, nor any university enrolment number was provided to the complainant. It is pertinent to mention here that the complainant was under a cloud of uncertainty as o.p. no.1 had not produced any document of affiliation under any university whatsoever.

            During this alleged transfer of affiliation of Gulbarga University, the complainant came to know from o.p. no.2, whose representative Sudip Roy Choudhury informed the complainant verbally that o.p. no.2 is an educational consultancy agency in tie up with o.p. no.1 and Gulbarge university and o.p. no.2 were under process to the affiliation of the students of o.p. no.1 from M.S. University to Gulbarga University and that the interest of the students would be looked after.

            After some time in October, 2011 o.p. no.1 and o.p. no.2 made the complainant fill some online regn. forms and provided the complainant with an enrolment number allegedly being the enrolment number of affiliation to Gulbarga University.

            O.p. no.1 was supposed to conduct examinations vide four semesters in two years as per their brochure but even till March, 2012 no examination had been conducted by o.p. no.1 and consequently, the complainant was loosing precious time of his career.

            The 1^st semester examination was held on 20.4.12 and the complainant was forced to write his examination without any hall ticket, admit card and/or any proof of examination. It is pertinent to mention here that no schedule of examination was given by o.p. no.1 for any semesters and that the faculty of o.p. no.1 had assured the complainant that universities of South India do not provide registration card to intending examinees.

            O.p. no.1 had informed the complainant that result for 1^st semester will be published in 2^nd week of July, 2012, but it was not published as promised which is a glaring example of the negligence and willful neglect of o.p. no.1 and o.p. no.2 along with their deficiency in service and unfair trade practice in cheating the complainant and other students as well.

            In August, 2012 the complainant came to know that o.p. no.2 was involved in an educational scam across India which was flashed in the newspapers. It is pertinent to mention here that o.p. no.2 is the middle man between o.p. no.1 and proforma o.p. no.3 and thus are liable of unfair trade practice as well.

            Complainant filed an application dt.12.9.12 to o.p. no.1 raising queries about their administration which o.p. no.1 refused, for which the complainant posted the same on 13.9.12 by regd. post with a/d which was also refused.

            Complainant with all other students had demanded the college fees back from o.p. no.1 as they were unable to procure proper affiliation to university, conduct examinations and publish results in time, but to no effect.

            Complainant has incurred an expense of college fees for Rs.1,25,000/-for which he did not get the required services from the o.ps.   Hence, the case was filed by the complainant with the prayers for refund of college fees with interest along with compensation and cost.

            O.p no.1. had entered their appearance in this case by filing w/v and denied all the material allegations interalia stated that complainant was provisionally admitted on 23.11.11 in MBA course offered by o.p. no.1 from a UGC recognized university, but delayed the payment of 2^nd installment of fees. Complainant was allowed to pursue his course. O.p. no.1 is not made any misinterpretation to any of its student at any point of time. The admission letter dt.23.11.11 clearly shows that the MBA course was offered from a UGC recognized university. It is evident from the enrolment application form for out reach programmed dt.3.12.11 of the Gulbarga University which was filed on line by the complainant. The copy of registration form is annexed with the w/v of o.p. no.1. Complainant had sought admission after full knowledge of the facts and the present complaint is filed without cause of action against o.p. no.1 as there is no deficiency of service or unfair trade practice on the part of o.p. no.1. In their w/v o.p. no.1 submitted that conducting examination is a prerogative of the university. O.p. no.1 has conducted classes, completed the syllabus and courses and is bound by the guidelines of the Gulbarga University through o.p. no.2 – a national coordinator of the university. As no cause of action arose against o.p. no.1, the present case should be dismissed with exemplary cost.

             O.p. no.2 and 3 did not contest the case by filing w/v and the matter was heard ex parte against them.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant had taken admission at the institution of o.p. no.1 for the academic session of 2011-13 for a two years full time MBA degree and for that reason complainant had paid a total amount of Rs.1,25,000/-for total course fees including all facilities and benefits allegedly provided by o.p. no.1 under different heads. There is no reasonable reply on the part of o.p. no.l why they have not conducted the examination as per their brochure. All allegations made by o.p. no.1 are not at all maintainable as o.p. no.1 only shows the payment to o.p. no.2. No MOU or acceptance of the affiliation has been annexed by o.p. no.1. There is no scrap of paper filed by o.p. no.1 which shows that o.p. no.1 has fulfilled the terms and conditions of o.p. no.3 to get the affiliation from o.p. no.3. No correspondence has been made by o.p. no.1 to o.p. no.3 for the grievances made by students of their institute.

            From annex-G with the complaint petition, we have observed that o.p. no.1 gave the affiliation letter to all its students wherein it is seen that the said affiliation was started from 24.2.12. Hence it can be clearly ascertained that when the complainant took admission in the institution of o.p. no.1 for 2011-13 course, there was no affiliation under Gulbarga University as alleged by o.p. no.1.

            So, there is a clear deficiency of service on the part of o.p. no.1 as well as on the part of o.p. no.2. We find no deficiency of service on the part of o.p. no.3 as there is no evidence that after fulfillment of the conditions by o.p. nos.1 and 2, the o.p. no.3 has declined to give the proper service. Hence, the complainant is entitled to get relief.

            Hence, ordered,

            That  the case is allowed on contest with cost against o.p. no.1 and ex parte with cost against o.p. no.2 and dismissed ex parte without cost against o.p. no.3. O.p. nos.1 and 2 are jointly and/or severally directed to refund a sum of Rs.1,25,000/-(Rupees one lakh twenty five thousand) only to the complainant as college fees and are further directed to pay to the complainant a sum of Rs.1,00,000/- (Rupees one lakh) only as compensation for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.