Tamil Nadu

South Chennai

CC/394/2006

Lakshmi Madusudanan - Complainant(s)

Versus

Wigan& Leigh College (India)Ltd., - Opp.Party(s)

D.S.Rajasekaran

02 Aug 2017

ORDER

                                                                        Date of Filing :  11.07.2006

                                                                        Date of Order :  02.08.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

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

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

C.C.NO.394/2006

WEDNESDAY THIS 2^ND  DAY OF AUGUST 2017

 

Ms. Lakshmi Madusudanan,

No.248, II Main Road,

8^th Cross Extension,

Heritage Jayendra Nagar,

Sembakkam, Chennai 600 073.               .. Complainant

 

                                        ..Vs..

 

1. Wigan & Leigh College (India) Limited,

Rep. by its Regional Director,

401 – 402, Skipper Corner,

No.88, Nehru Place,

New Delhi 110 019.

 

2. Wigan & Leigh College (India) Limited,

Rep. by its Regional Director,

Campus office at No.30, Dickenson Road,

Bangalore 560 042.

 

3. Wigan & Leigh College (India) Limited,

Rep. by its Administrative Manager,

Campus office at No.17, Murrays Gate Road,

Alwarpet, Chennai 600 018.                              .. Opposite parties.

 

 

Counsel for Complainant         :    M/s. D.S.Rajasekaran & V.V.Giridhar  

Counsel for opposite parties 1 to 3:  M/s. S.Ilamparithi & another

 

 

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite parties  under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of 1,36,000/- towards tuition fees and also to pay a sum of Rs.2,00,000/- towards compensation for mental agony and to pay cost of the compliant.

 1. The averment of the complaint in brief are as follows:

         The complainant submit that the opposite parties offered the complainant a Post Graduate Diploma Course in Mass Communication in their campus office at Bangalore, after being duly selected by undertaking aptitude test.   The complainant has made the payment of Rs.1,00,000/- towards tuition fees, Rs.10,000/- as security deposit and also further payment of 200 pounds towards registration and examination fees to their college at United Kingdom.   The opposite parties informed the complainant that the duration of the above course is two years with 4 semesters.    The complainant further state that  the 2^nd opposite party did not have proper study materials lack of faculty and lack of proper equipments at their Bangalore Campus, the complainant was shifted from  Bangalore campus to Chennai.   Further the complainant state that the opposite parties did not provide a seat in the Mass Communications course and the opposite parties have assured the complainant that the 1^st semester would be common for all media students and she will be provided a seat in Mass Communication after completion of the first semester.  Thereafter the opposite parties have informed the complainant that the Mass Communication specialization is not available in the opposite party office at Chennai and only course available in Diploma in Animation and forced the complainant to join the said course.    The complainant also state that only after assurance given by the opposite parties with regard to the availability of the Diploma Course in Mass Communication, the complainant has made the payment for tuition fees and other fees.  The opposite parties have made a false representation with regard to the availability of the post graduate diploma course in Mass Communication and made the complainant to pay for the tuition fees and other charges.    Accordingly the complainant sent a lawyer’s notice dated 18.4.2006 to the opposite parties calling upon them to repay the fees and other charges after deducting the necessary charges for the first semester within 15 days from the date of notice.  The opposite parties have sent a reply notice dated 28.4.2006 through their lawyer making untenable and false averments.      As such the act of the opposite parties clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2. The brief averments in Written Version of  the opposite party    are as follows:

        The opposite parties state that the opposite party denies each and every allegation except those that are specifically admitted herein.   The opposite parties submit that Wigan & Leigh (India) Limited has globally recognized qualification with an international Course Curriculum.  The opposite party admit that the complainant has applied for Mass Communication for the academic year 2005-2006 having campus at Bangalore on 2.8.2005 and she was admitted in P.G. Diploma in Mass Communication in Bangalore Campus.  The allegation that the Bangalore Campus did not have proper study material lack of faculty and lack of proper equipment are all false and made with a malafide intention for extorting money from the opposite parties.   Further the opposite parties state that it was incorrect to state that the complainant was shifted from Bangalore Campus to Chennai for want of study materials and lack of faculty.   The opposite parties never made any offer to the complainant to continue her studies at Chennai.   In fact the complainant herself opted for a Intercity Transfer Joining Animation Course at Chennai.   The 2^nd opposite party considered her request and transferred her to Chennai.    The opposite parties never made any false representation to the complainant regarding availability of P.G. Diploma Course in Mass Communication and thereby committed unfair trade practice.   The complainant herself voluntarily left the College in order to join the P.G. Diploma Course in another Institution.   As per code of conduct and regulations, no fees will be refunded for any reason whatsoever.   Hence there is no deficiency in service on the part of the opposite parties and therefore this complaint is liable to be dismissed.

3.      In order to prove the averments of the complaint, the complainant had filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 marked.  Proof affidavit of opposite parties  filed and Ex.B1 to Ex.B3 marked on the side of the opposite parties.  

4.   The point for the consideration is:  

 

1. Whether the complainant is entitled to refund a sum of Rs.1,36,000/- towards fees paid by the complainant as prayed for ?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for mental agony for deficiency of service with cost as prayed for?

5.      POINTS 1 & 2:-

        Heard Both sides.  Perused the records.   The learned counsel for the complainant contended that the complainant is a graduate want to continue the study in the field of Mass Communication, after seeing the advertisement Ex.A4, Prospectors & brochure Ex.A1 of the opposite parties.  The complainant made application for admission in  Post Graduate Diploma course “Mass Communication”.  Ex.B1 & Ex.B2 is very clear that the complainant opted only for Mass communication.  After due aptitude tests and an undertaking the complainant was admitted in Bangalore Campus.  The complainant paid a sum of Rs.1,00,000/- towards tuition fees and Rs.10,000/- security deposit in addition to payment of 200 pounds towards registration  and examination fees to their college at United Kingdom.   After joining the course at Bangalore Campus the complainant was not provided proper materials by the 2^nd opposite party.  Equally there is lack of  faculty and proper equipments at Bangalore Campus.   Hence the 2^nd opposite party shifted the complainant from Bangalore Campus to the 3^rd opposite party’s campus at Chennai and also the complainant pursued her studies on Mass communications.   The opposite parties suppressed several facts and told the complainant that out of four semesters,  first year semester is common to all.   Hence no body have any choice of selection either Mass Communication or any other steps cannot arise.   After completion of 1^st semester the complainant further approached the opposite party for  Post graduate Diploma in Mass Communication.  At that time the opposite party informed the complainant that the Mass Communication course is not available in the 3^rd opposite party office at Chennai,  The only availability   is Diploma in Animation;  and compelled the complainant to join the Diploma in Animation.   The learned counsel for the complainant further contended that on the assurance of the 2^nd opposite party the complainant joined the Post Graduate Diploma course in Mass Communication and paid the fees.  Since several deficiencies in coaching like improper supply of notes, deficiency of faculty, deficiency in infrastructure and on the assurance of the opposite parties the complainant shifted to Chennai campus;  wherein also  the opposite parties played unfair trade practice i.e. without the  Post Graduate Diploma in mass communication compelled to join Diploma in animation.   Hence the complainant was not able to continue the studies for one year resulting great mental agony and huge loss of future prospect.   The complainant is claiming a sum of Rs.1,36,000/- towards the fees paid to the opposite parties and a sum of Rs.2,00,000/- towards mental agony for such loss of prospects.    

6.     The contention of the opposite parties is that the opposite parties are Wigan and Leigh (India) Limited a leading college for higher Education in the country with an outstanding record of producing top grade students, excellence in teaching with globally recognized qualification with an international course curriculum.  The contention of the complainant that as per the advertisement Ex.A4 and Prospectus Ex.A1  she joined the Post Graduate in Mass Communication is absolutely false.   There is no Post graduate in Mass Communication Course availed in Bangalore and Chennai campus.  But on a careful  perusal of Ex.A4 Advertisement  it is seen that the said course is available at Bangalore Campus.    Further the learned counsel for the opposite parties contended that the complainant joined at Bangalore Campus for Diploma in Animation and at the request of the complainant she was transferred to Chennai Campus.   Wherein also she studied Diploma in animation only.  The contention of the complainant that she opted only Post Graduate Diploma in Mass Communication is false.   But on a careful perusal of Ex.B1 & Ex.B2 the duly filled up application, it is apparently seen that the complainant opted only Post Graduate in Mass Communication.   Further the learned counsel for the opposite parties contended that the fees paid shall not be refunded under any circumstances.    But the complainant paid the prescribed fees is also not denied.   Equally the complainant not continued her education  Post graduate Diploma in Mass Communication for two years has provided in the advertisement and brochure resulting one year waste to the complainant.   Further the learned counsel for the opposite parties contended that the claim of Rs.2,00,000/- towards mental agony is exorbitant and imaginary.    But it is not denied that the waste of one year education of the complainant.   Considering the facts and circumstances of the case this forum is of the considered view that the opposite parties 1 to 3 are jointly and severally liable to refund a sum of Rs.1,36,000/- towards tuition fees and also compensation of  Rs.50,000/- towards mental agony and hardship with cost of Rs.5,000/-  and the points 1 & 2 are answered accordingly.

        In the result the complaint is allowed in part.  The opposite parties 1 to 3 are jointly and severally liable to refund  a sum of Rs.1,36,000/- (Rupees one lakh and thirty six thousand only)  towards tuition fees  and also compensation of  Rs.50,000/- (Rupees Fifty thousand only) for mental agony  with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The above  amount shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.    

  

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  2^st  day  of  August 2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

Ex.A1- 2005-2006          - Copy of Prospectus issued by opposite parties.

Ex.A2- 18.4.2006  - Copy of Notice sent by the complainant.

Ex.A3- 28.4.2006  - Copy of reply sent by opposite parties.

Ex.A4- 5.6.2006    - Copy of Advertisement given by opposite parties.

Opposite parties’ side document: -   

Ex.B1- 2.7.2005    - Copy of opposite parties learning agreement and Enrolment

                               Form.

Ex.B2-         -     - Copy of Student registration and examination form.

 

Ex.B3-  8.12,.2005         - Copy of complainant’s leave letter.

 

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.