Delhi

East Delhi

CC/817/2014

SHELDON - Complainant(s)

Versus

UNIVERSAL BUISNESS - Opp.Party(s)

12 May 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                               CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

 

CASE NO-817/14

In the matter of:

Sh. SHELDON DESSA

R/O 56/11, BASEMENT,

OLD RAJENDER NAGAR

NEW DELHI-11060

Complainant

Vs

UNIVERSAL BUSINESS SCHOOL

105, RUNWAL & OMKAR ESQUARE, 1ST FLOOR,

EASTERN EXPRESS HIGHWAY

SION, MUMBAI, MAHARASHTRA-400022

 

ALOS AT.

UNIVERSAL BUSINESS SCHOOL

OFFICE NO.611, 6^TH FLOOR

DEVIKA FORUM, NEHRU PLACE,

NEW DELHI.110019

Opposite Party

 

                                                                                               DATE OF ADMISSION-04/09/2014

                                                                                                     DATE OF ORDER         -07/09/2015

SH. N.A.ZAIDI (PRESIDENT)

This complaint has been filed with the allegation that the complainant applied for M.B.A course for session of 2014-15 by depositing Rs.50,000/- which was confirmed by letter dated 12/05/2014. The Respondent thereafter changed the M.B.A Program to P.G.D.M without the consent of Complainant, which is illegal. He has availed the services of the OP for M.B.A and not for P.G.D.M. The complainant has prayed for refund of amount deposited and compensation of Rs.2,00,000/- with 10% interest and cost of litigation.

            Respondent in his written statement have taken the plea of Jurisdiction. They pleaded that name of the course was changed as per the Hon’ble Supreme Court decision and A.I.C.T.E. direction. Rests of allegation are denied.

            Both the parties have filed Evidence on record.

            Heard arguments and peruse the record.

            The first question which arises for consideration is with regard to deficiency of services on the part of the Respondent. This fact is not disputed that when the amount of Rs.50,000/- was deposited by the Complainant, it was for M.B.A Course and not for P.G.D.M. The respondent have taken the plea that course was changed from M.B.A to P.G.D.M. under the direction of A.I.C.T.E. It is for the Respondent to prove that it was done under the Hon’ble Supreme Court order and they did it by providing information and intimation to the Complainant. They have not placed on record any proof that it was under the circular of A.I.C.T.E. that they changed the course. No such circular has been filed. They have not provided any opportunity to the Complainant to opt or not to opt for the P.G.D.M course. This is also not proved that the Complainant has ever attended any class or has paid the fees for the course of P.G.D.M or have taken the admission. The amount of Rs.50,000/- was meant only for booking a seat for M.B.A. Course. This amount should have been refunded, when the Complainant have opted out from the course after deducting Rs.1000/- only as per the A.I.C.T.E. directive. Non refunding of this amount is deficiency in service.

            Second question, which has been raised by the OP, is with regard to Jurisdiction of this forum.

            The Complainant in this case is a resident of Delhi. The office of the Respondent is also located at Devika Forum, Nehru Place, New Delhi. Respondent submitted that fees was deposited at Karjat Maharashtra, admission was taken at Maharashtra, as such no cause of action has arises at Delhi.

            This has been challenged by the complainant Counsel. The refusal to pay the amount was finally communicated to the complainant at Delhi, as such the cause of action has arisen at Delhi and the Forum at Delhi shall have the Jurisdiction.

             We find force in the submission of the Ld. Counsel for the Complainant, where the cause of action has arises shall have the Jurisdiction. Since part of cause of action has arisen at Delhi, hence the complaint is maintainable at Delhi.

            We allow this complaint. The Respondent is directed to refund to the complainant an amount of Rs.49,000/- together with 9% interest there on from the date of filing of this complaint, till it is paid. The Respondent have harassed the Complainant and have cause mental pain and agony.

            We allow Rs.25,000/- as compensation which shall include the cost of litigation. This amount be paid within 45 days from the date of order, if not paid, the respondent shall pay 9% interest till it is paid.

            Copy of this order be supplied to both the parties.

 

SUBHASH GUPTA                               POONAM MALHOTRA                                   N.A.ZAIDI

     (MEMBER)                                            (MEMBER)                                             (PRESIDENT)