State Consumer Disputes Redressal Commission
Universal Consultants vs Rajni Dhakate on 20 February, 2017
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA NAGPUR CIRCUIT BENCH NAGPUR First Appeal No. A/689/07 (Arisen out of Order Dated in Case No. of District State Commission) 1. UNIVERSAL CONSULTANTS NAGPUR ...........Appellant(s) Versus 1. RAJNI DHAKATE CHANDRAPUR ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE A.P.BHANGALE PRESIDENT HON'BLE MR. B.A.SHAIKH JUDICIAL MEMBER For the Appellant: For the Respondent: Dated : 20 Feb 2017 Final Order / Judgement (Delivered on 20/02/2017) PER MR. JUSTICE A.P.BHANGALE, HON'BLE PRESIDENT. 1.
Heard and perused the copies of documents brought to our notice .This appeal by the Appellant (Opposite party in the original Complaint) arose out of judgement and order dated 23.03.2007 in Consumer Complaint No.425 of 2006 passed by the Consumer Dispute Redressal Forum, District Nagpur.
2. Facts briefly stated are that the Complainant Rajani Dhakate was 12 the Standard passed girl who desired to pursue her studies in medical Science abroad in Russia. She came across the advertisement with phone contact number published in Daily "Hitavada" published by the Opposite Party assuring the such students free guidance by the OP. Complainant was informed that the medical education would be in English medium and annual fees would be 1,69,980/- and that Medical Council of India has approved it and student passing can practice in India as Doctor .Complainant believing the advertisement has paid the admission fees of Rs.15,000/- and first year fees in the sum of Rs. 1,27,400 was payable and further fees of Rs. 1,12,700 per year was payable fees inclusive of library, education charges recreation study material . OP had claimed Rs.30,000/- as processing fees paid by the Complainant on 01.08.2004.Fees was payable in currency Dollars to the Kazan Medical Institute hence sum of Rs 1,60,000/- converted in to Dollars through Cox and Kings Private Limited .Complainant had booked flight from Amritsar to Kazan by Uzbekistan Airways for ticket in the sum of Rs 42,150/-
3. When Complainant reached in Russia she was informed that the medium of instruction for the study was in Russian language and Medical Council of India has not granted the approval . According to the Complainant she was duped by the OP in the sum of Rs 1,60,000/- as it was not paid to the Medical Institute in Russia. Complainant had to return to India. Complainant lost sum of Rs 2,05,000/- Complainant prayed for refund of the amounts of Rs 15,000/-, 30,000/- paid for processing of admission. Tution fees paid in the sum of Rs 1,60,000/- unlawfully recovered .
4. OP defended on the ground that the complainant is not the consumer. According to the OP the Medical Council of India had approved the medical education in Russia and about 200 students are taking education in Russia .complainant and her Mother were aware of the terms upon which Complainant went to Russia .Complainant had given Cheque in the sum of Rs 1,60,000/- to the Cox and Company and the Company gave 3393 $ to the Complainant .Complainant was assisted up to Amritsar for flying to Kazan in Russia. Complainant was assisted for to take medical education in Russia. OP contended that . Medium of Instruction in Kazan is English and many Indian students are taking medical education in Kazan. The OP prayed for dismissal of the Complaint.
5. Learned forum below went carefully through the advertisement published in Hitavada daily English newspaper published from Nagpur , The advertisement was found cryptic in the name as Universal issued in the name of operator one Kishore Saste with mention of his phone number, documentary evidence as to payments made by the complainant produced in the forms of receipts issued in the name of Universal consultants for Rs 30,000/- as process charges for admission and sum of Rs 15000/- towards prospectus , cash memo issued by Cox and Kings foreign exchange for receipt of 1,60,000/- and Cash memo for $3393 US dollars , Rs 42,150 /- paid for travel to and fro from Amritsar and Kazan . It considered the compensation in the sum of Rs 50,000/- to be awarded for mental anguish and physical harassment to the Complainant all the amounts payable within 30 days from the date of receipt of the order.
6. It is urged on behalf of the respondent Complainant that Students in India are targeted by misleading advertisements published unauthorisedly in the newspapers to collect money from the innocent students desiring to accomplish themselves with higher education by going abroad and they find that they are cheated with tall and empty promises which remain unfulfilled. Such unauthorised and fake agencies unlawfully operating and collecting the amounts from the students misled by the advertisements cannot be allowed to escape from the clutches of law on the pretext that student was not 'consumer' in the eye of law. Complainant was consumer within definition of the Section 2 (1) (d) of the Consumer Protection Act 1986 .
7. The appellant at appellate stage sought to rely upon the copies of documents as evidence that the Medical Council of India did recognised the medical education in the Kazan in Russia , and that the student Rajani Dhakate had returned to India on personal health grounds leaving the medical education in Kazan at interim stage . According to the Appellant the medical education in Kazan, Russia is well recognised by medical Council of India and sought to canvass it as valid for to start and carry on medical practice in India . The contentions are not only belated but have no sound or reasonable basis to be relied upon belatedly at appellate stage.
8. The Complaint was filed in the District Forum below long back in the year 2006 bearing number 425 of 2006. During the pendency of the Complaint and till the award was passed no any documents was produced by the Opposite party for to rely upon. Assuming that the documents were made available to the appellant later after the award was passed , we do not believe these copies as authentic evidence to rely upon the documents produced so late at appellate stage, There is no any convincing affidavit evidence led from the authentic sources of Medical Council of India and/or from Kazan University of Russia to establish that the medical education in the Kazan University in Russia is recognised by the Medical Council of India or Government of India and that the successful student there can get valid enrollment or registration as Doctor with the Medical Council of India for to start practice as Doctor in India and furthermore, that the appellant is accredited or authorised or recognised agent or have duly licence as service provider for to send the medical students in India to Russia hence no useful purpose can be served by remanding this very old case to the Forum below . Opposite party is held under the circumstances liable for having indulged in unfair trade practice and liable for deficiency in service to send students to Russia for medical education in the facts and circumstances of the case .Impugned Judgement and award is therefore sustainable and need no interference in exercise of the appellate jurisdiction .
9. The appeal is thus found without substance and is dismissed. No order as to Costs.
[HON'BLE MR. JUSTICE A.P.BHANGALE] PRESIDENT [HON'BLE MR. B.A.SHAIKH] JUDICIAL MEMBER