DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the  28^th    day of October 2017

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member                                 Date of filing:  25/10/2016

               : Sri.V.P.Anantha Narayanan, Member

   (C.C.No.162/2016)

Sumisha.P,
D/o Sukumaran.P,
Punneth Veedu,

Panamanna South (PO) ,

Ottappalam,                             

Palakkad, 679 501.                                                  -        Complainant

(Party in person only)

 V/s

Thomas George,

Director,

Lead College of Management,

Dhoni (Po),

Olavakkode,

Palakkad.                                                               -        Opposite party

(Adv.T.Giri)   

O R D E R

By Shri.V.P.Anantha Narayanan, Member,

          Brief description of the Case,

In 2016 KMAT examination the complainant secured 132^nd rank.  The opposite party college management repeatedly telephoned her to join MBA course in their college, promising that the fees for the 2 year course is Rs.3,60,000/-, there was hundred percent success in the college, job prospects, higher educational facilities, better residential and food facilities in the college hostel etc.  On informing the complainant by the college authorities that only two seats are vacant and by remitting Rs. 5,000/- seat should be reserved, immediately the complainant along with her brother reached the opposite party college on 12.06.2016 and reserved a seat by paying Rs.5,000/- on 19.06.2016 she was informed to participate in “Admission Fair” and the complainant accordingly reached the college.  According to the complainant, in the admission fair the director made the complainant and her parents sign certain forms without allowing them to read those forms.  The college authorities possessed her 6 original certificates and 3 photos.  Then college authorities asked 100 students including the complainant to wait in the college for a week’s training programme to present art programmes before NAAC who would be visiting the college for inspection.  Accordingly the complainant waited in opposite party college for ten days from 19.06.2016 to 29.06.2016 and on 29.06.2016 she was allowed to return her home.  Complainant also pleads that when she waited at the college, trekking in Dhony forest, dance practice, college director’s speeches etc. took place; complainant further pleads that in the opposite party college hostel accommodation and food facility were not sufficient for MBA students.  For 2016 new batch MBA students no accommodation facilities were available.  For many days water was not received even for bathing.  There was only common toilet, no proper food and sleeping facility.  Further wrong representation that high success percentage, job prospects, availability of expert teachers are made by the college management.  The main teacher of the college was the college director.  Although fees were told to be Rs.3,60,000/-, the bank loan papers given by the college authorities showed that the fees were Rs.3,90,000/-.  All these experiences of the complainant in the opposite party college made the complainant decide to discontinue her study for MBA course in opposite party college.  To get back her original certificates the complainant met the principal and the director who told her to give Rs.25,000/- more in order to get back her certificates, which is the decision of their association.  The complainant in order to participate in Job Fair on 23.07.2016 conducted by Palakkad Employment Exchange, demanded original certificates from the opposite party college.  On 20.07.2016 the complainant caused to sent a notice to the opposite party college director to make available her certificates.  But the certificates were not made available to her.  Hence complainant pleads that,  though she participated in the job fair on 23.07.2016, she did not get a job in the Job Fair due to lack of original certificates, besides loss of registration fees and incurring of travelling expenses because, according to the complainant, original certificates were essential to get a job in the Job Fair.  On 09.08.2016 a notice was sent by the college authorities to her father whereby Rs.17,778/- was asked to be paid directly at the college or Rs.17,778/- worth of bond should be given, only then certificates would be given.  According to the complainant, original certificates were essential to join MCom Course also because her name had appeared in the MCom Government common list.  With much difficulty Rs.17,778/- was paid to the college director and hence complainant got back her original certificates.  The complainant also pleads that more than 10 students who got admission along with the complainant gave up their studies in June itself and 1 student’s certificates were given only on paying Rs.30,000/- and the certificates of others were withheld.  From the complainant Rs.22,778/- were recovered by the opposite party college authorities and then only her withheld certificates were given back to her.  Hence much mental agony and financial loss occurred to the complainant and her parents.  Also she has lost a possible good job due to absence of original certificates.  Narrating the above incidents, complaints were given to the District Collector, District Police Superintendent, Human Rights Commission, but no remedial steps were taken by them.   Hence complaint was given to the Hon’ble Forum whereby complainant prays to the Hon’ble Forum to make detailed enquiries and take appropriate steps to recover from the management Rs.30,000/- forcibly collected from the students.  The complainant also prays to the Hon’ble Forum to take steps to recover from the opposite party college authorities a compensation of Rs.77,222/- for mental agony suffered by the complainant and her family and Rs.22,778/- forcibly taken from her as fees by the college authorities, for which necessary orders may be issued. 

The complaint was admitted and notice was sent to the opposite party to enter appearance.  Opposite party entered appearance and filed version in which he denies all the averments and allegations in the complaint except those expressly admitted.  According to the opposite party, complaint against educational institution for non returning of admission fee is not maintainable; and the complainant is not a consumer.  Complainant who was lower in MBA entrance ranking applied for Management Quota in this opposite party college after satisfying with hostel facilities, educational atmosphere and the merits of the college in the previous academic year.  The complainant was admitted for MBA course 2016-17 and this college allotted her a seat under the Management Quota on 19.06.2016 after the complainant paying Rs.5,000/- towards part payment of admission fee and promising to pay balance amount of admission fee, tuition fee, hostel fee on getting educational loan from bank.  According to the opposite party, he has given a special concession to the complainant in payment of fees and time, although as per the college rules students joining the course have to pay full fees of that year including hostel fees immediately on joining.  If the student is discontinuing the course for any reason, he is entitled for refund subject to AICTE and University Rules.  Opposite party agrees that the complainant has handed over all her original certificates for admission which is mandatory as per University Rules.  The fees charged by the opposite party for 2016-17 were Rs.3.9 lakh for two years including hostel, tuition and admission fees.  Opposite party further adds that the fees structure of the opposite party college was explained to the complainant and her parents were given a copy of the college prospectus and fees structure before joining.  According to opposite party, complainant joined the MBA course in Management Quota after satisfying with all the terms and conditions and personally inspecting hostel facilities.  As part of MBA programme the orientation classes were started on 19.06.2016 and the complainant attended the classes from 19.06.2016 to 29.06.2016 by staying in college hostel and taking food from the college canteen without any payment.  On 07.11.2016 she requested for discontinuing the course due to personal reasons and returning the certificates submitted by her at the time of admission.  Opposite party contends that as per the college norms the opposite party requested her to pay the balance admission fees of Rs.5,000/-, proportionate tuition fees for one month of Rs.11,667/- and hostel food charges for ten days of Rs.1,111/- totaling Rs.17,778/- after deducting the advance admission fees paid Rs.5,000/-.  According to opposite party Rs.17,778/- was calculated as per the college and AICTE Rules. Opposite party agrees that complainant had stayed in the hostel and attended the orientation classes taken by experienced educationalists which was an interaction for students who can clarify their doubts, understand scope of the course, and benefits of higher studies etc.  Cultural and trekking activities were arranged to develop the confidence and leadership skills of the students.  According to the opposite party from 2000 onwards up to now, no complaint has come from any student relating to the opposite party college, its educational atmosphere and hostel facilities.  The university authorities are regularly monitoring the quality of teaching staff and approvals have been given for the last six years.  In the website and brochures the tuition fees are clearly mentioned as Rs.3.9 lakhs.  According to the opposite party photo copies of the documents are enough to participate in the “Job Fair” conducted by the Employment Exchange, Palakkad.  According to the opposite party, he had sent a reply stating all true facts, after receiving which the complainant paid the amount and collected her original certificates.  According to opposite party there was no violation of rules on his part for collecting the fees as per the college norms.  Hence opposite party humbly prays to this Hon’ble Forum to uphold his contentions and dismiss the complaint with cost to this opposite party. 

Complainant filed chief affidavit.  Opposite party filed IA to dismiss the case.  IA was heard by this Forum regarding preliminary issue and it was dismissed vide order in IA/112(A)/2017.  Opposite party also filed affidavit.  Exs.A1 to A12 were marked from the side of the complainant and Exts.B1 & B2 marked from the part of opposite party.  Both parties were heard.

The following issues are considered in this case.

1.Whether the complaint is maintainable?

2.Whether there is deficiency of service/unfair trade practice on the part of opposite party ?

3.If so what is the relief ?

Issue 1

Opposite party filed interim application to dismiss the complaint stating that the complainant has filed two complaints for the same relief before two statutory bodies.  After hearing both parties, Opposite party’s IA to dismiss the complaint was dismissed as per IA/112/(A)/2017 dated. 15.06.2017 of this Hon’ble Forum and this complaint was ordered to be maintainable in this Forum.   

Issues 2 & 3

The complainant reserved a seat by paying Rs.5,000/- for 2016-17 MBA course in opposite party college on the basis of promises given by the opposite party, the fees receipt No: 4035 is marked as Ext.A4 which shows admission fees of Rs.5,000/- was collected from the complainant for MBA course for the year 2016-17.  On 19.06.2016 complainant was informed to participate in Admission Fair in the college.  According to the complainant the opposite party made the complainant and her parents sign certain forms without allowing them to read them and possessed her 6 original certificates and 3 photos which are clear from Ext.A3.  On getting convinced about her poor experience at the opposite party college the complainant decided to discontinue her studies in opposite party college and to get back her original certificates met the director and the principal of the college who told the complainant to give Rs.25,000/- more to get the certificates from the college.  According to the complainant since original certificates are essential to participate in the Job Fair to be conducted on 23.07.2016 by Palakkad Employment Exchange, the complainant’s father sent a notice dated.20.07.2016 to the opposite party college director requesting him to give back the complainant’s original certificates before 23.07.2016 vide Ext.A1.  To this notice a reply letter was sent by the college director, which is marked as Ext.A2 indicating charges payable by the complainant to the college with a request to clear the dues to release her certificates.  Although the original certificates were not made available before 23.07.2016, the complainant participated in the Job Fair on 23.07.2016.  Receipt No.1942 dated.19.07.2016 issued by Employability Centre, Palakkad is marked as Ext.A11 which indicates collection of Rs.250/- as “Employability Centre Registration Fees” from the complainant.  According to the complainant she did not get a job in the Job Fair due to lack of original certificates.  According to the complainant since original certificates are essential for MCom admission, Rs.17,778/- was paid to the opposite party college with much difficulty and the original certificates were got back.  Photo copy of fees receipt No.4294 dated.23.08.2016 was marked as Ext.A6 which indicates receipt by the opposite party from the complainant of tuition fees and admission fees for the year 2016-17.   Photo copy of fees receipt No.832 dated.23.08.2016 was marked as Ext.A7 which indicates collection from the complainant of hostel and mess fees of Rs.1,111/- by the Lead girls hostel authorities.  According to the complainant, although complaints were given narrating the above incidents to the Palakkad District Collector, Palakkad District Police Superintendent and the Human Rights Commission requesting them for taking necessary steps, no remedial steps were taken by them.  Complaint letter dated.22.08.2016 given to Palakkad District Collector was marked as Ext.A9 which indicates a request to the District Collector to take necessary steps against the opposite party college.  Complaint forwarded to the Kerala State Human Rights Commission was marked as Ext.A10 which requests the Hon’ble Commission to make a detailed enquiry and issue orders of justice.  Complaint letter submitted to Palakkad District Police Superintendent was marked as Ext.A8 which requests him to get back her withheld original certificates from the opposite party college authorities.  A notice dated.01.09.2016 was sent by the complainant to the lead college management informing the latter of going to approach the Hon’ble Forum, if her grievances were not settled by the opposite party within 15 days.  Photo copy of this notice was marked as Ext.A5.  According to the complainant no steps were taken by the above authorities which caused her mental agony and a complaint was filed before this Forum in which complainant prays to the Hon’ble Forum to award a compensation of Rs.77,222/- for mental agony suffered by the complainant and to recover Rs.22,778/- forcibly taken as fees by the opposite party college authorities.  The complainant has also filed a petition before the Admission Supervisory Committee for Professional Colleges in Kerala.  As per their order dated.27.01.2017 (Marked as Ext.A12), the respondent, namely Lead College of Management is directed to return Rs.20,067/- to the complainant within a  week from the date of receipt of this order. 

In his version, opposite party contends that the complainant was lower in ranking of MBA entrance examination and therefore she applied for the Management Quota in this college, after satisfying with the hostel facilities and educational atmosphere, and the merits of the college in the previous academic year; then the complainant was admitted for MBA course 2016-17 and the opposite party college allotted her a seat under Management Quota on 19.06.2016 after receiving only Rs.5,000/- towards part payment of Admission Fee.  Opposite party also agrees that complainant has handed over all her original certificates for admission to MBA course for submission to university for verification and admission approval.  According to the opposite party, the fees structure of the opposite party college for 2016-17 was Rs.3.9 lakhs for two years including hostel fees, tuition fees, admission fees and these fees structures were explained to the complainant and her parents and the complainant joined the course after full satisfaction of the terms and conditions and personal inspection of hostel facilities.  Opposite party also contends that he has complied with the order of the Hon’ble High Court of Kerala in Writ Appeal No.WP (C) 7883/17 (I) whose photo copies are marked as Ext.B1 which indicates that, The Director, Lead College of Management, Dhoni, Palakkad shall deposit Rs.20,667/- as fixed deposit in the name of the petitioner with a lien marked to the Registrar General, High Court of Kerala within two weeks and the college has deposited Rs.20,667/- in Federal Bank, Palakkad Branch as per the above direction of the Hon’ble High Court of Kerala.  The photo copy of Demand Draft is marked as Ext.B2 which shows that  a fixed deposit of Rs.20,667/- was made in the name of the complainant on 14.03.2017 for a period of 12 months in Palakkad Branch of Federal Bank with Account No.10810400221099 dated.14.03.2017.  Hence opposite party humbly prays to the Hon’ble Forum to dismiss the complaint with cost to this opposite party upholding the latter’s contentions.

From the chief affidavit and other documentary evidences submitted by both parties we observe that the opposite party is seen to have failed to return the original certificates before 23.07.2016 with the result that the complainant was not able to produce her original certificates and consequently failed to get a job in the Job Fair conducted by Employability Centre, Palakkad on 23.07.2016.  Further it is also observed that even after many representations and notices to the opposite party he did not care to return original certificates and Rs.20,667/-.  But only after receipt of the order dated.27.01.2017 of the Admission Supervisory Committee for professional colleges and order of the Hon’ble High Court of Kerala in writ appeal No.WP (C) 7883/17 (I), the opposite party has deposited Rs.20,667/- in the name of the complainant in Palakkad Branch of the Federal bank.  Thus we view that opposite party is seen having committed deficiency in service and unfair trade practice.

  Hence complaint is partly allowed. 

We order the opposite party to pay to the complainant Rs.3,000/- (Rupees three thousand only) towards compensation for mental agony suffered by her and Rs.2,000/- (Rupees two thousand only) by way of litigation expenses incurred by the complainant. 

This order shall be executed within one month from the date of receipt of this order; failing which the complainant can receive interest at 9% p.a on the total amount due from the date of this order till realization. 

Pronounced in the open court on this the 28^th day of October 2017.

                                                                                                                                  Sd/-

                      Shiny.P.R.

                      President 

                           Sd/-    

                      Suma.K.P.

                      Member

                          Sd/-

    V.P.Anantha Narayanan

                     Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 -  Photo copy of notice dated.20.07.2016 sent by complainant’s father to lead

              college director

Ext.A2  - Photo copy of letter dated.09.08.2016 sent by lead college director  to the

              complainant’s father

Ext.A3 -  photo copy of check list issued to the complainant indicating

    receipt of her original certificates and three pass port size photos

Ext.A4 -  Original Fee Receipt No.4035 dated.12.06.2016 issued by Lead college

               Management.

Ext.A5 -  Photo copy of the  letter Dated.01.09.2016 sent by the complainant to Lead

             College Director

Ext.A6 -  Photo copy of original Fees Receipt No.4294 dated.23.08.2016 issued by Lead

              college  Management.

Ext.A7 -  Photo copy of Original  fees Receipt No.832 dated. 23.08.2016 issued by Lead

              Girls hostel authorities

Ext.A8 -  photo copy of complaint sent by the complainant to the  Police

              Superintendent, Palakkad dated.20.07.2016

Ext.A9 -  photo copy of complaint sent by the complainant to the  District Collector,

              Palakkad dted.22.08.2016

Ext.A10 - photo copy of complaint sent by the complainant to the Kerala State Human

               Rights Commission dated. 29.09.2016

Ext.A11 -  Receipt No:PL1942 dated.19.07.2016 issued to the complainant by

                Employability Centre, Palakkad

Ext.A12  - Order dated.27.01.2017 issued by the Admission Supervisory Committee for

                Professional Colleges in Kerala to the complainant

Exhibits marked on the side of Opposite parties

Ext.B1 - photo copy of the order of the Hon’ble High Court of Kerala in Writ

             Appeal-WPC 7883/17 (I)

Ext.B2 - Photo copy of Demand Draft showing deposit of the amount ordered by the

   Hon’ble High Court of Kerala

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Cost   

          Rs.2,000/-