IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 29th day of August, 2022.
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 116/2021 (Filed on 20-07-2021)
Petitioner : Acca Lydia Jacob,
D/o. Rev. Jacob T. Abraham,
C.S.I. Parsonage,
Edamattom P.O.
Kanjirappally village,
Kanjirappally Taluk, Kottayam.
(Adv. Anish Kumar K)
Vs.
Opposite parties : 1) Wespo Academy,
Madeena Arcade,
C.M.S.College Road,
Near Baker Junction,
Kottayam – 686001.
Rep. by its Manager,
Wespo Academy, Kottayam.
2) Rajiv Gandhi Institute of
Technology, RGC Campus,
Cholanagar, R.T. Nagar Post,
Bangalore – 560032.
Rep. by its General Manager.
O R D E R
Smt. Bindhu R. Member
The complainant, who was a B. Tech graduate, approached the 1st opposite party believing their advertisement that they were the authorized education franchise of the 2nd opposite party and the 2nd opposite party conduct various higher studies courses with 40 years of experience in providing quality education. On 30.01.20 the complainant joined the MBA programme offered by the 1st opposite party which was said to have been conducted by the 2nd opposite party by paying Rs.25,000/- as registration fee for the year 2020 -2022.
The complainant was ready and willing to join the course and arranged the balance payment also. But during the Covid 19 pandemic the 1st opposite party informed the complainant that they needed some more time to start the said course and assured that the complainant would not lose any academic year due to the delay. The 2nd opposite party assured the complainant that they were having 40 years experience in providing quality education to students from countries across the world and they had ample infrastructure to overcome the Covid pandemic restriction and so the course would begin within a short span of time. But even after a lapse of time, the opposite parties did not start the course. The complainant in the strong belief that she could join the MBA course with the opposite parties did not join any other course. Finally the complainant realised that the opposite parties did not make any arrangement for the admission for the said MBA course and she had lost one academic year. The opposite parties did not return the amount received by them as registration fee also. This is a gross deficiency of service on the part of the opposite parties which should be compensated by the opposite parties. Hence this complaint is filed for getting Rs. 25,000/- back and compensation.
Though the opposite parties received notice from this Commission, they did not appear or file version and hence set exparte.
The complainant has filed affidavit in lieu of chief examination along with A1 to A3.
From the above perused pleadings and evidence we frame the points as whether there is any deficiency of service on the part of the opposite party and if so what are the reliefs?
The complainant has paid Rs.25,000/- towards the registration fee to the 1st opposite party for joining the MBA course conducted by the 2nd opposite party. As per Exhibit A2, the 2nd opposite party has admitted the complainant to MBA course for the academic year 2020 – 22 as per the rules and regulations of the institute Visweswaraya Technological University, AICTE, State Govt. of Karnataka. Accordingly on 30.01.20 the 1st opposite party issued A1 receiving Rs.25000/- as the registration fees.
From these documents we infer that the opposite parties had promised to give a service by giving admission to the 2year MBA programme in the 2nd opposite party institute but due to some or other reasons they did not fulfil that promise. Even after receiving the notice from this Commission, the opposite parties did not turn up and defended the allegations. So in the absence of contrary evidence we infer that there is gross deficiency on the part of the opposite parties and hence the complainant is entitled to the refund of the amount and compensation.
Hence in the light of above discussion we allow the complaint and direct the opposite parties to return Rs.25,000/- along with 9% interest from 30.1.2020 till the date of realization and give Rs.10,000/- as compensation.
The order shall be complied within 30 days failing which the compensation amount shall carry 9% interest from the date of order till realization.
Pronounced in the Open Commission on this the 29th day of August, 2022
Smt. Bindhu R. Member Sd/-
Sri. Manulal V.S. President Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of receipt dtd.30-01-2020 issued by 1st opposite party
A2 – Copy of tuition fee structure dtd.04-03-2020 issued by 2nd opposite party
A3 – Copy of fee receipt issued by 2nd opposite party
Exhibits marked from the side of opposite party
Nil
By Order
Assistant Registrar
