Delhi

East Delhi

CC/133/2014

AKSHAY - Complainant(s)

Versus

THE INDIAN INSTITUTE OF PLANING - Opp.Party(s)

14 Feb 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                                                   CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

 

CASE NO-133/14
 

Sh. Akshay Goyal,

S/oSh. Vijay Kr. Gpyal

R/o E-7A/5, Krishan Nagar

Delhi-110051

          Complainant

Vs

The Indian Institute of Planning And Management (IIPM)

Through it’s,

Dean Arindam Chaudhuri,

Corporate Office Level-), IIPM Canpus,

Satbari, Chandan Haula,

Chattarpur Road, New Delhi-110074, India

 

IInd Address: D-4, Level-4, Rectanbel-1,

Dehind Select City Walk, Saket,

New Delhoi-110017, India                                               

   Opposite Parties

 

                                                                                        DATE OF ADMISSION-14/02/2014

                                                                                   DATE OF ORDER        -02/12/2015

SH. N. A. ZAIDI, PRESIDENT

This complainant joined the Respondent college in the month of August 2010 for BBA course and paid Rs.67,600/- as part payment of fee. The total fee paid was Rs.4,50,000/- for 3 year course. After completing three years, Two years mark sheet is still not given. In the absence of mark sheet his future is in the dark. Despite his repeated request the mark sheet is not been provided. the complainant has prayed that his total fee of Rs.5,50,000/- with 2% interest per month and compensation of Rs. 2,00,000/- be awarded.

            The respondent was served but they failed to file any written statement. The case proceeded exparte.

            We have heard the complainant and perused the record.

            We raised the issue that the complainant has taken the admission in BBA course in which the degree is provided by the Institute as such this matter may not be covered by the Consumer Protection Act. The complainant Ld. Counsel relied upon the observation made by the Hon’ble Delhi High Court that the respondent is not a recognized Institution and Hon’ble High Court restrain the respondents from using the word MBA, BBA. They were directed to display prominently on the website that they are not recognized by any statutory body. Since this fact has not come on record that the respondent are recognized body by the AICTE or the GNCT/ Govt. of India. They cannot offer the course of BBA and MBA and if they have represented to the student then it amounts to unfair trade practice. The Hon’ble National Commission in the matter of Des Raj Rana Vs Neha Sharma IV CPJ 772 (NC) have rule that when the Institute is not recognized and they offer the admission in diploma course it amounts to cheating and fraud and deficiency in service apart from unfair trade practice and the Hon’ble National Commission ordered for the refund of the amount of the fees paid. The case in hand is fully covered by the judgment of Hon’ble National Commission. The receipts of making the payment of fees which has been filed along with the complaint shows that on 22/07/2010 the amount of Rs.34,400/-, on 06/08/2010 Rs.67,600/-, 19/10/2011 Rs.66,600/-, on 4/06/2012 Rs.6,000/-, on 06/02/2013 Rs.4,300/- another amount of Rs. 3000/- was paid on 21/06/2011, on 27/04/2011 Rs.66,600/- were paid, the total comes to Rs.2,48,500/-.

            In the above circumstances when the respondent is not a recognized institution, they are directed to refund the total amount of fee i.e. Rs.2,48,500/-with 9% interest there on from the date of deposit till it is finally paid. The respondent has spoiled the carrier of this student by their false representation. The time spent at their institute has gone in vain, the same cannot be returned back. We wish to impose a sum of Rs.1,00,000/- as compensation for the wrong doing on the part of the respondent. This amount of Rs.1,00,000/- should be paid to the complainant within 45 days from the date of the order failing which 9% shall be paid over this amount till it is paid. We further award Rs.10,000/- towards the litigation charges.

Copy of this order be provided to both the parties.

 

 

(POONAM MALHOTRA)                                                                                       (N.A.ZAIDI)                                                                                                                                                         MEMBER                                                                                                PRESIDENT