Complaint filed on: 13-02-2013

                                                      Disposed on: 16-07-2014

BEFORE THE BENGALURU IV ADDITIONAL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BENGALURU – 560 052           

C.C.No.372/2013

DATED THIS THE 16^th JULY 2014

PRESENT

SRI.J.N.HAVANUR, PRESIDENT

SRI.H.JANARDHANA, MEMBER

Complainant: -   

                                                Mr.Mohammed Zimad Siddique,

                                                Aged about 26 years,

                                                S/o. Mohammed Jafar Siddique,

                                                Residing at No.23, SMYM Hostel,

                                                Milkman Street, Langford Road,

                                                Shanti Nagar, Bangalore-27

V/s

Opposite parties: -       

1. Windsor Institute of Management Studies, #57-58, Old Madras Road, Near SJES College, Medahalli, KR Puram, Bangalore-49                            Reptd by its Principal
2. Mr.M.Zakariya, Dean,      Windsor Institute of Management 
3. Mr.Nayaz, Treasurer, Windsor Institute of Management 
4.  Mr.Abid, Director, Admission, Windsor Institute of Management 
5. Mr.Wazir, Vice-Chairman, Windsor Institute of Management 

ORDER

SRI.H.JANARDHANA, MEMBER

        This is a complaint filed by the complainant against the OPs, under section 11 and 12 of the Consumer Protection Act, praying to pass an order, directing the Ops to reimburse the course fee of Rs.85,000=00 along with interest at 24% p.a. from the date of payment of fee till date of realization of amount and to pay Rs.2.00 lakhs towards mental agony and Rs.2.00 lakhs towards loss of entire academic year.

2. The brief facts of the complaint can be stated as under.

          The complainant after completing his BBA from Madras University was interested in pursuing MBA course in the hope of successfully pursuing his management studies. So the complainant approached the OPs institute to realize his dream and sought admission for the MBA 2010-12 batch. On visiting the institute the complainant spoke to the Dean of the institute i.e. 2^nd OP and informed that he had secured 49.58% in his BBA course and wanted to know whether he was eligible to seek admission for his MBA course. The 2^nd OP assured the complainant that once the complainant is admitted as a student in the institute the institute would ensure that the complainant would be eligible to appear for the semester examination and that he securing 49.58% would not be an endurance in the complainant appearing for the semister examination and 2^nd OP also assured that if any issue would arise with the concerned University i.e. Mysore University, the OPs institute was well equipped to deal with such issues and 2^nd OP. Dean would take care of the complainant academic interest with the Mysore University. The complainant on interaction with the Director and Vice-Chairman of the institute i.e. 4^th and 5^th OP and on voicing his concern as to complainant was eligible to seek admission in the MBA course. The Director of admission i.e. 4^th OP and Vice chairman i.e. 2^nd OP assured the complainant that there is no cause for worry or concern and that the OP institute and its personal would handle the issue smoothly with the Mysore University. The complainant was also informed by the OPs that the entire fee structure for the MBA course would be Rs.3,75,000=00. The complainant believing the assurance given by the Dean i.e. 2^nd OP, the Director of admission i.e. 4^th OP and Vice Chairman i.e. 5^th OP the complainant joined the OP institute and initially paid the course fee amounting Rs.1,25,000=00. On 26-8-2010 the complainant paid Rs.50,000=00 towards admission fee and also submitted his original documents i.e. 10^th Marks card, PUC Marks card, PUC marks card, Provisional Degree certificate (PDC), Transfer certificate etc. to the OPs institute. Immediately on depositing the admission fee, the Director of Institute i.e. 4^th OP issued a letter dated 26-8-2010 congratulating the complainant being provisionally selected for admission to the MBA plus PGPBM programme for the academic year 2010-12 batch. Thereafter the complainant was admitted to the institute and began attending classes and joined the OPs institute. The complainant was also issued an ID card having registration No.051 for the year 2010-12 batch. Again the complainant on 6-10-2012 made another part payment of Rs.75,000=00 towards second instalment fees. Thereafter classes commenced and the complainant attended classes regularly for the first semester. The complainant states that after a week before the semister examinations during the first week of Jan.2011 when the hall tickets were issued for the first semester examination the complainant was shocked to know that his admission was rejected by the University as he was not eligible to pursue his MBA course due to his low percentage. Further the complainant took up the issue with the institute authorities i.e. Director of admission i.e. 4^th OP and Dean i.e. 2^nd OP but they showed their helplessness. The complainant on demanding his admission amount the 4^th OP and 2^nd OP assured and promised to return the admission fee amount for the course paid by the complainant within 6 months. After several requests and demands the 3^rd OP issued a cheque for discharge of the existing debt/liability for an amount of Rs.1,00,000=00 bearing no.946095 dated 25-8-2011 drawn on Canara Bank, Cantonment branch, Bangalore. The complainant on issuance of the said cheque towards discharges of existing cheque presented the same through his banker SBI, Bhatkal branch on 25-8-2011. However to the utter shock of the complainant the same was returned with an endorsement funds insufficient and the same was communicated by the complainant by his banker by return advice slip dated 25-8-2011. The complainant contacted the institute and the OPs institute promised to make good the payment within a month. However, the OPs institute failed to make good the payment and further stopped replying and stopped receiving calls of the complainant. However, the complainant was made further to run pillar to post. Hence, the complainant has filed the present complaint.

3. After service of the notice, the OPs did not appear before the forum and they were called out absent and they have been placed ex-parte and posted the case for filing the affidavit of the complainant.

          4. So as to prove the case, the complainant has filed his affidavit and produced seven documents along with complaint. We have heard the arguments of the complainant and we have gone through the oral and documentary evidence of the complainant meticulously. 

5. One Mohammed Zimad Siddique, who being the complainant has stated in his affidavit that, after completing his BBA from Madras University he was interested in pursuing MBA course in the hope of successfully pursuing his management studies, so he approached the OPs institute to realize his dream and sought admission for the MBA 2010-12 batch. On visiting the institute, he spoke to the Dean of the institute i.e. 2^nd OP and informed that he had secured 49.58% in his BBA course and wanted to know whether he was eligible to seek admission for his MBA course. The 2^nd OP assured him that once he got admitted as a student in the institute the institute would ensure that he would be eligible to appear for the semister examination and that he securing 49.58% would not be an endurance in his appearing for the semister examination and 2^nd OP also assured that if any issue would arise with the concerned University i.e. Mysore University, the OPs institute was well equipped to deal with such issues and 2^nd OP. Dean would takes care of his academic interest with the Mysore University, and he interacted with the Director and Vice-Chairman of the institute i.e. 4^th and 5^th OP and on voicing his concern as to he was eligible to seek admission in the MBA course. The Director of admission i.e. 4^th OP and Vice chairman i.e. 2^nd OP assured him that there is no cause for worry or concern and that the OP institute and its personal would handle the issue smoothly with the Mysore University. He was also informed by the OPs that the entire fee structure for the MBA course would be Rs.3,75,000=00. He believing the assurance given by the Dean i.e. 2^nd OP, the Director of admission i.e. 4^th OP and Vice Chairman i.e. 5^th OP he joined the OPs institute and initially paid the course fee amounting to Rs.1,25,000=00. On 26-8-2010 he paid Rs.50,000=00 towards admission fee and also submitted his original documents i.e. 10^th Marks card, PUC Marks card, PUC marks card, Provisional Degree certificate (PDC), Transfer certificate etc. to the OPs institute. Immediately on depositing the admission fee, the Director of Institute i.e. 4^th OP issued a letter dated 26-8-2010 congratulating him for being provisionally selected for admission to the MBA plus PGPBM programme for the academic year 2010-12 batch. Thereafter he was admitted to the institute and began attending classes and joined the OPs institute. He was also issued an ID card having registration no.051 for the year 2010-12 batch. Again on 6-10-2012 he made another part payment of Rs.75,000=00 towards second instalment fees. Thereafter classes commenced and he attended classes regularly for the first semister. He states that after a week before the semister examinations during the first week of Jan.2011 when the hall tickets were issued for the first semester examination he was shocked to know that his admission was rejected by the University as he was not eligible to pursue his MBA course due to his low percentage. Further he took up the issue with the institute authorities i.e. Director of admission i.e. 4^th OP and Dean i.e. 2^nd OP they showed their helplessness and on demanding his admission amount the 4^th OP and 2^nd OP assured and promised to return the admission fee amount for the course paid by him within 6 months. After several requests and demands the 3^rd OP issued a cheque for discharge of the existing debt/liability for an amount of Rs.1,00,000=00 bearing no.946095 dated 25-8-2011 drawn on Canara Bank, Cantonment branch, Bangalore. On issuance of the said cheque towards discharges of existing cheque presented the same through his banker SBI, Bhatkal branch on 25-8-2011. However to his utter shock, the same was returned with an endorsement funds insufficient and the same was communicated to him by his banker by return advice slip dated 25-8-2011. Again he contacted the institute and the OPs institute promised to make good the payment within a month. However, the OPs institute failed to make good the payment and further stopped replying and stopped receiving calls from him and made him to run pillar to post. So he has come up with the present complaint and pass an order as prayed for.

          6. The above said assertions of the complainant have remained uncontroverted. The OPs have neither appeared nor denied the sworn testimony of the complainant. So under the circumstance, we have no reasons to disbelieve the sworn testimony of the complainant.

7. Let us have a cursory glance at the relevant documents of complainant. Document no.1 is receipt issued by the OPs institute to complainant vide receipt no.5654 dated 26-8-2010 for a sum of Rs.50,000=00 towards admission fee of complainant. Document no.2 is acknowledgment issued by the Director-Academics of OPs institute dated 26-8-2010 wherein it is stated that, the 11 original marks card and certificates i.e. 10^th marks card, PUC marks card, BA Degree-1^st to 6^th semesters marks cards (7marks card), Provisional degree certificate, Transfer certificate of complainant were received by the OPs from complainant. Document no.3 is provisional admission certificate dated 26-8-2010 issued by the OPs institute to complainant wherein it is stated that, he has been provisionally selected for admission to MBA+PGPBM program in their institution for the academic year Aug.2010-2012 batch. Document no.4 is the copy of identity card of complainant issued by the OPs institute. Document no.5 is receipt no.5764 dated 6-10-2010 issued by the OPs institute for a sum of Rs.75,000=00 towards second installment (part payment) fee from complainant. Document no.6 is the copy of legal notice issued by the complainant’s advocate to the OPs no.1 to 5 calling upon them to refund the entire amount of Rs.85,000=00 paid towards admission and course fee along with interest @ 18% per annum from the date of payment till the date of realization. Document no.7 consists of unserved envelop covers produced by complainant.     

8. On making careful scrutiny of the case of complainant on the back ground of oral and documentary evidence of complainant, it is no doubt true that, the complainant got admitted to the OPs institute to pursue MBA course and on assurance of OPs no.1 to 5 that, they would take care and the OPs institute was well equipped to deal with the situation for the eligibility & for appearing for the semester examination. On such assurances the complainant got admitted to the OPs institute by initially paying the course fee of Rs.1,25,000=00 and again on 26-8-2010 further paid Rs.50,000=00 towards admission fees and also submitted his original documents to the OPs institute and the OPs institute issued a letter dated 26-8-2010 congratulating him for being provisionally selected for admission to the MBA + PGPBM for the academic year 2010-2012 batch. Thereafter the complainant started attending the classes and the OPs also issued an ID card having registration no.051. Complainant further on 6-10-2010 made another part payment of Rs.75,000=00 towards second installment. During a week before the semister examination i.e. during the first week of Jan.2011 when the hall tickets were issued for the first semister examination the complainant came to know that his admission was rejected by the university as he was not eligible to pursue MBA course due to his percentage. Then the complainant took same matter to the OPs institute and the OPs no.2 and 4 admitted their helplessness when the complainant demanded for refund of the amount then the 4^th OP assured and promised to return the amount within six months. The complainant after making several request and the demands the 3^rd OP issued a cheque to the complainant for the discharge of the OP debt/liability for a sum of Rs.1,00,000=00 bearing no.946095 dated 25-8-2011 drawn on Canara Bank, Cantonment branch, Bangalore and on issuance of the said cheque the complainant presented the same through his banker SBI, Bhatkal branch on 25-8-2011 and the said cheque came to be dishonored for the reason funds insufficient and the complainant was communicated by his banker by a return advice dated 25-8-2011. Conduct of the OPs of assuring the complainant of admission to the institute and university in spite of the complainant informing the institute that he has obtained 49.5% in his pre university amounts to unfair trade practice. Further the OP institute on accepting the payment of Rs.1,25,000=00 and allowing the complainant to attend classes for a semester and thereafter at the time of semister examination not able to secure his hall ticket which amounts to deficiency of service. Further the conduct of the OPs in not refunding the amount due to the complainant and making him to run from pillar to post clearly amounts to deficiency of service. This deprecating conduct of the OPs has resulted in immense injury, mentally and monetarily to the complainant for which he is qualified for the compensation. In view of the Hon’ble Apex court decision in III (2010) CPJ 378 (Ker) before granting admission it is the duty of the OPs to check all documents and eligibility of candidates hence deficiency of service is proved. Applying the guidelines of said decision to the present case on hand it is make clear that, the OPs are negligent and there is deficiency of service on the part of the OPs in not making verification of the documents of complainant before admission. Viewing the case of complainant on the back ground of oral and documents evidence of the OPs, it is disclosed that the OPs are negligent in not making payment of the complainant’s course fee. So, we hold that the complainant has proved the deficiency of service on the part of the OPs, so the OPs are directed to refund an amount of Rs.85,000=00 to the complainant along with interest 6% per annum from the date of complaint within 30 days from the date of receipt of this order, failing which, the OPs shall pay the said amount to the complainant along with 8% interest per annum on the said amount from the date of complaint to till the date of realization. The OPs are further directed to pay Rs.5,000=00 to the complainant as compensation for mental agony and for loss of academic year and Rs.2,000=00  towards cost of litigation, and according, the complaint of complainant is partly sustainable. In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint of complainant is partly allowed.

The Ops no.1 to 5 are jointly and severally liable to pay a sum of Rs.85,000=00 to the complainant along with interest at 6% p.a. from the date of complaint within 30 days from the date of receipt of this order, failing which, the Ops no.1 to 5 shall pay the said amount to the complainant along with interest at 8% per annum on the said amount from the date of complaint to till the date of realization

The OPs No.1 to 5 are further directed to pay Rs.2,000=00 and Rs.5,000=00 to the complainant towards cost of litigation and compensation respectively.  

          Supply free copy of this order to both parties. 

(Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this, 16^th day of July 2014).