Date of Filing :  06.06.2014

                                                                        Date of Order :  26.02.2016.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,                     : PRESIDENT

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

                 DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.319/2014

         FRIDAY THIS  26^TH  DAY OF FEBRUARY 2016     

Mr. A. Balaji,

S/o. K.R. Arunachalam (Late),

No.7, Thillai Nagar,

I Main Road,

Kolathur,

Chennai 600 009.                                             ..Complainant

                                      ..Vs..

1.  The Indian Institute of Planning and Management,

Through its authorized representative,

133/4, Qutab Enclave,

Phase-II, New Delhi.

2. The Indian Institute of Planning and Management,

Rep. by its Dean (A.Balaji),

IIPM Towers,

145, Marshall’s Road,

Egmore,

Chennai -08. 

3. The Managing Director,

M/s. Y-Gen Management Consulting Services,

1194, 27^th Main J.P. Nagar,

1^st Phase.

4. The Registrar,

Manomaniam Sundaranar University,

(University established by an act of Tamil Nadu State),

Abishekapatti, Tirunelveli,

Tamil Nadu 627 012.                                  ..Opposite parties  

For the Complainant                   :   Party in person  

For the Opposite parties  1,2 & 4  :   Exparte.

For the opposite party-3              :  Dismissed  as not pressed on 7.7.15

         Complaint under section 12 of the Consumer Protection Act 1986.  The complaint is filed seeking direction against the opposite parties  to pay a sum of Rs.20,00,000/- as compensation for mental agony and  cost of the complaint to the  complainant.

ORDER

THIRU. B. RAMALINGAM PRESIDENT

This complaint is filed by the complainant against the opposite parties 1 and 2 and 4 claiming Rs.20,00,000/- as compensation, for the alleged deficiency and mental agony, cost by the said opposite parties.

2.     This complaint is dismissed against 3^rd opposite party as not pressed as per the order passed dated 07.07.2015.  The 1^st , 2^nd and 4^th opposite parties were set exparte on 06.11.2014, as they were called absent despite of  receipt of notice in this proceedings.

3.     Perused the complaint filed by the complainant and the proof affidavit of the complainant and the documents Ex.A1 to Ex.A16 on the side of complainant and considered the arguments made by the complainant in person.

4.     The complainant has stated that he had joined two years dual course for PGDM and MBA degree courses conducted by the 1^st and 2^nd opposite parties institution and have paid  necessary fees as required by the schedule of payment issued by the opposite parties and payments receipts attached thereon for a sum of Rs.4,45,000/- to the 1st and 2^nd opposite parties Institution.   As per the terms and conditions of the said course and the prospectus  Ex.A1 given by the 1^st and 2^nd opposite parties  of the said 2 course the MBA course is of the 4^th opposite party the Manonmaniyam Sundaranar University.  The said dual business  management courses arranged by the 1^st and 2^nd opposite parties institution have been tie-up  with the 4^th opposite party.   Accordingly the 1^st and 2^nd opposite parties has collected the necessary fees and conducted the classes for the period 2010-2012.  The complainant also attended the courses and written the examinations and have passed the said course  in the year May 2012.  Whereas the 1^st and 2^nd opposite parties institution which has conducted the classes for the said course have not issued the necessary degree certificate for the said course immediately on completion of the course.  But the 1^st and 2^nd opposite parties have given the necessary  PGDM course i.e  Certificate in Planning and Business Entrepreneurship only on 12.02.2014  and even on that date despite of several demands made by the complainant, the MBA certificate to be issued by the 4^th opposite party was not obtained by the 1^st and 2^nd opposite parties and not given to the complainant.  The non issuance of MBA degree certificate to the complainant is due to dispute arised between the 1^st and 2^nd opposite parties institution and the 4^th opposite party university on non payment of necessary payments agreed between them.  However on the individual effort made by the complainant  by approaching the 4^th opposite party university, the 4^th opposite party university has given the consolidate mark sheet and the degree certificate  for MBA course i.e Ex.A6, Ex.A8 to the complainant on receipt of   sum of Rs.17,160/- from the complainant through Demand draft Ex.A5 and as per the news item Ex.A7 announced by the 4^th  opposite party university.  The complainant has stated that the non issuance of certificate for the said course by the 1^st and 2^nd opposite parties in time and issued belatedly after 2 years of completion of course is amounts to deficiency of service on the part of the 1^st and 2^nd opposite parties, which caused mental agony and hard ship to the complainant in  joining further course of Phd., not immediately after completion of the said course or getting necessary job, after completion of the said course.

5.     The above mentioned deficiency of service on the part of 1^st and 2^nd opposite parties  attributed  by the complainant in issuance of necessary degree certificate by themselves for the  PGDM course  and also issuance of degree certificate for MBA by obtaining from 4^th opposite party to the complainant are proved by the complainant in this case.   Further it is also proved that due to non issuance of the said certificates to the complainant in time i.e immediately after the completion of  the said course but have been given only after 2 years i.e in the year 2014, the complainant has got the MBA certificate on his own effort on payment of additional fee of Rs. 17,160/- which has been already paid to the 1^st and 2^nd opposite party along with other fees i.e total payment Rs.4,45,000/- to the opposite parties as such the complainant was suffered mental agony and hard ship is also acceptable.  As per the Ex.A2 mentioned schedule of payment issued by the 1^st and 2^nd opposite parties a sum of Rs.1000/- said to have been paid as caution deposit which is refundable.  Therefore as claimed by the complainant the 1^st and 2^nd opposite parties are jointly and severally liable to pay the complainant a sum of Rs.17,160- which was happened to  be paid by the complainant as additional payment to the 4^th opposite party to get the MBA degree certificate and also a sum of Rs.1000/- as refund of caution deposit. Therefore we are of the considered view that the 1^st and 2^nd opposite parties are jointly and severally liable to refund a sum of Rs.17160/- + 1000/- totaling Rs.18160/- to the complainant.  The non issuance of the said certificate to the complainant immediately after the completion of the said course in the year 2012, and the issuance of said certificate to the complainant after his personal effort  and several demand that too in the year 2014 which caused hard ship and mental agony  to the complainant for joining Phd course or getting  job in time and caused 2 years of  delay, the opposite parties 1 and 2 are liable to pay compensation  to the complainant, Though the claim made by the complainant against  the 1^st and 2^nd opposite parties institutions and 4^th opposite party, which is exorbitant, considering the facts and circumstances  of the case,  the 4^th opposite party is not liable to pay any compensation  to the complainant, but the opposite parties 1 and 2 are liable to pay a sum of Rs.25,000/- as just and reasonable compensation to the complainant.  Contrary to this there is no contra evidence on the side of opposite parties, since the opposite parties have remained exparte in this proceedings.

6.     Therefore we are of the considered view that the 1^st and 2^nd opposite parties are jointly and severally directed to refund  a sum of Rs.18160/- and also to pay a sum of Rs.25,000/- as compensation  and also to pay a sum of Rs.2500/- as litigation charges to the complainant within six weeks from the date of this order,   failing which the   above said amounts (Rs.18160/- + 25000/-)  will carry interest at the rate of  9% p.a.  from the date of this order and to till the date of payment.  This complaint against the 3^rd opposite party was already dismissed as not pressed. Further this complaint is dismissed against the 4^th opposite party as the complainant is not entitled for any relief sought for in the complaint against  4^th opposite party.

In the result this complaint is partly allowed.   The opposite parties 1 & 2 are jointly and severally directed to refund a sum of Rs.18,160/- (Rupees Eighteen thousand one hundred and sixty only) and also to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) as compensation  and also to pay a sum of Rs.2500/- (Rupees Two thousand and five hundred only) as litigation charges to the complainant within six weeks from the date of this order,   failing which the   above said amounts (Rs.18160/- + 25000/-)  will carry interest @ of 9% p.a. from the date of this order and to till the date of payment. 

This complaint against the 3^rd opposite party was already dismissed as not pressed.  Further this complaint is dismissed against the 4^th opposite party as the complainant is not entitled for any relief as sought for in the complaint.

Dictated directly by the President to the Assistant, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 26^th day of February 2016.

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-         -       - Copy of Prospectus of the ISBE course.

Ex.A2- 23.9.10 to

           23.6.2011  - Copy of All fee payment of Rs.4,45,000/- is paid IIPM

Ex.A3- 23.11.2012         - Copy of the offer letter.

Ex.A4- 11.3.2013  - Copy of semester wise mark statement along with letter

Ex.A5- 16.11.2013  Copy of fee payment of Rs.18,160/- is paid to University,

                              a/w the letter sighed by Registar.

Ex.A6-         -       - Copy of University consolidated mark statement.

Ex.A7-         -       - Copy of university news item published in their website

                              To pay the fees for individuals students.

Ex.A8- 18.3.2014  - Copy of university convocation received in person with

                              Serial No.SGD 200888.

Ex.A9- 21.3.2014  - Copy  of Ph.D. Preliminary entrance qualified certificate.

Ex.A10- 29.3.2014         - Copy of CSR copy, police and online complaint.

Ex.A11- 15.2.2014 – Copy of PGP certificate and consolidated mark statement.

Ex.A12- 5.5.2014  - Copy of notice before filing to consumer court.

Ex.A13- 6.5.2014  - Copy of  4 nos. postal receipts and Ack.

Ex.A14- 29.5.2014         - Copy of university reply to the notice sent.

Ex.A15- 9.6.2014  - Copy of university convocation received through postal.

Ex.A16-3.10.2013 – Copy of e.mail letter.

Opposite parties’ Exhibits:-    

.. Nil..

MEMBER-I                        MEMBER-II                             PRESIDENT.