State Consumer Disputes Redressal Commission
Chintan Mukul Mehta vs Ds Actuarial Education Services Pvt Ltd on 17 October, 2018
A/12/674 & A/12/675 1
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA, MUMBAI
FIRST APPEAL NO.A/12/674
(Arisen out of Order Dated 13/04/2012 in Consumer Complaint
No.CC/10/90 of Mumbai Suburban District Forum)
Nivedita Ashok Khadye
F-2/16 Best Nagar,
Motilal Nagar No.1,
Goregaon West,
Mumbai 400 104. - Appellant/s
Vs.
DS Acturial Education Services Pvt.Ltd.
C/o.Managing Director,
Juhu Parle Education Society,
Utpal Sanghavi School,
East West Road No.3,
JVPD Scheme, Mumbai 400 049. - Respondent/s
FIRST APPEAL NO.A/12/675
(Arisen out of Order Dated 13/04/2012 in Consumer Complaint
No.CC/10/89 of Mumbai Suburban District Forum)
Chintan Mukul Mehta
Flat No.8, Triveni Bldg.,
North South Road No.5,
Juhu Scheme, VileParle West,
Mumbai - 400 056. - Appellant/s
Vs.
DS Acturial Education Services Pvt.Ltd.
C/o.Managing Director,
Juhu Parle Education Society,
Utpal Sanghavi School,
East West Road No.3,
JVPD Scheme, Mumbai 400 049. - Respondent/s
BEFORE:
Mr.D.R. Shirasao, Presiding Judicial Member
Mr.A.K. Zade, Member
For the Appellant/s : Adv.Pankaj Bhatta
For the Respondent/s : Adv.Anupama Shah
A/12/674 & A/12/675 2
ORDER
Per Mr.D.R.Shirasao, Hon'ble Presiding Judicial Member [1] Being aggrieved by common judgment and order passed by learned District Consumer Disputes Redressal Forum, Mumbai Suburban District in consumer complaints bearing no.89/2010 and 90/2010 on 13/04/2012 dismissing complaints, complainants preferred these appeals. As both the appeals are arising out of the same judgment and order given by learned District Forum, appeals are decided by this common order.
[2] Brief facts giving rise to appeals are as under:-
Complainants filed complaint against the opponents for refund of amount deposited by them with opponent with damages sustained by them along with costs and compensation. Complainants submitted that they had seen advertisement in newspaper in respect of course for post graduation in Acturial Science. As per that advertisement, it was impressed that the candidates completing these courses will get 100% placement in service. They were also promised to give post graduation degree from recognized university after completion of this course. Hence, complainants joined the courses conducted by the opponent. It is the contention of the complainants that they were expecting that they would get training from different faculty members and lecturers. However, there are only 2-3 faculty members working with opponent. Opponent was also not affiliated with any recognized university. There was no proper course given by the opponents to them. There was no facility of library and computer. Hence, they submitted that they realised that they are wasting their time in taking education of that course. Hence, ultimately, they gave application for return of amount deposited by them with opponent. They submitted that in spite of attending of this course, if they would have joined any service they could have earned amount from same. Hence, they claim damages along with costs and compensation from opponent. They submitted that they learnt A/12/674 & A/12/675 3 that unless the examination of Institute of Actuaries of India [IAI] is not passed, they will not get degree of recognized university and also they will not get placement in the job.
[3] Opponent contested complaint by filing their written statement on record. They submitted that their institute was recognized by Yashwantrao Chavan University. Initially, interim authorization was given and same was subsequently confirmed. They specifically denied that the false assurances were given in the advertisement by their institution and falsely assured that there will be 100% placement if this course is completed. They specifically denied that education given in their institution was not proper. There was no adequate number of faculty members and there was no proper library and computer room for the candidates in their institution. Opponent submitted that both the complainants had completed their maximum sessions and in examination they secured good marks. They submitted that they had assured to give 100% assistance to the candidates in placement in job. They submitted that as complainants had not completed the course, they could not get degrees from Yashwantrao Chavan Vidyapeeth. As they have completed many of the sessions of their course, they are not entitled to refund of amount deposited by them. They have cancelled their candidature on their own accord and they are not entitled to receive refund of amount deposited with opponent. Hence, they submitted that they have not given any deficiency in service to the complainants. Hence, consumer complaints filed by complainants be dismissed.
[4] Considering rival contentions of the parties, evidence adduced by them and documents filed on record, the learned District Form had come to conclusion that opponents have not given any deficiency in service to the complainants and hence complainants are not entitled to get amount deposited with opponent along with damages along with costs and compensation. Hence, learned District Forum dismissed both the complaints. Being aggrieved by the same, complainants have preferred A/12/674 & A/12/675 4 these appeals.
[5] Heard learned advocate appearing for the complainants. He submitted that opponents have given advertisement in respect of their courses in newspaper. Both the complainants had gone through advertisement. In that advertisement, it was promised that on completion of these courses, candidate will get degree from international or recognized university. It was also promised that they will get 100% placement in the job. It was also promised that they will get updated knowledge in Acturial Science by attending these courses. He submitted that believing on those assurances; complainants had taken admission to these different courses in the institution of opponent. They completed many of the sessions of the opponent institution. However, during this time, they found that there is no proper course of this subject. There is no adequate number of faculty members for taking different subjects. Only 2-3 persons are teaching all the subjects. There is no proper facility of library and computer room for the candidates. They also learned that institution is not affiliated to any recognized university and also not recognized by Yashwantrao Chavan Vidyapeeth. They learnt that they will get degree in Acturial Science only on passing through examinations conducted by Institute of Actuaries of India. Unless they go through these examinations, they will also not be able to get placement in the jobs. He submitted that hence complainants realised that they are wasting their time by taking admission for these courses. Hence, they had given application for cancellation of their candidature and claimed amount deposited with opponents. They also claimed damages along with costs and compensation from opponents. He submitted that opponents had given false promises to complainants. Complainants are entitled to get amounts from opponent. However, learned District Forum had not considered the same and dismissed the consumer complaints. Hence, he submitted that complaints filed by the complainants be allowed by allowing these appeals.
[6] Heard learned advocate appearing for the opponent/respondent.A/12/674 & A/12/675 5
She submitted that opponent institution had given advertisement of their institution in respect of courses of Acturial Science in newspaper. She submitted that in this advertisement they have not given any false assurance to the candidates. They had never promised candidates to give 100% placement in the job. On the contrary, they promised candidates that they will assist candidates in getting placement in the job. She denied that course of the subject was not proper and it was not recognized by the university. She submitted that their institution is duly recognized by Yashwantrao Chavan Vidyapeeth. Initially, they had been given interim authorisation to their institution and subsequently the same was confirmed. She submitted that both the complainants had completed many of the sessions in their institution. They also scored good marks in examinations. Hence, it cannot be accepted that they had not received proper guidance from the faculty members. She also submitted that if complainants would have completed the course, they would have received degrees from Yashwantrao Chavan Vidyapeeth. She submitted that as complainants had withdrawn their candidature on their own accord after completing many of the sessions, they are not entitled to get amount deposited with opponent. As opponent has not given any deficiency in service to the complainants, complainants are not entitled to get damages from them along with costs and compensation. Learned District Forum has rightly considered this fact and dismissed the consumer complaints filed by complainants. Hence, she submitted that both the appeals be dismissed and order passed by the learned District Forum be confirmed.
[7] Perused record of the case, documents filed on record and evidence adduced by the parties. On perusal of the same, it has become clear that opponent is an institution parting education of Acturial Science. In that respect, they were taking diploma courses and degree courses. Different charges were taken in respect of different courses. They had given advertisement of their institution in newspaper in respect of courses take by them on the subject of Acturial Science. Both the complainants had taken admission to different courses by depositing A/12/674 & A/12/675 6 requisite amount with opponent. On perusal of record, it appears that both the complainants had completed many of the sessions of their courses and thereafter given applications for cancellation of their candidature to opponent. By these applications, they had claimed amount deposited by them from opponent. As the opponent has not given the same to complainants, they filed consumer complaints against opponent and claimed refund of amount deposited with opponent along with damages along with costs and compensation.
[8] The learned advocate appearing for complainant has mainly contested the appeals on the ground that opponent had given false assurances in their advertisement in newspaper. We have gone through the advertisement in newspaper and also assurance given in their prospectus. On perusal of the same, it has become clear that opponent had given assurance that candidates will get proper guidance in respect of Acturial Science in their institution on joining these courses. They had also promised that on completion of these courses, they will get degree from international or recognised university, such as Yashwantrao Chavan Open University. They had also assured candidates that they will assist them in getting placement in job. Hence, it has become clear that opponent had not assured that they will give 100% placement in service. On the contrary, they promised to assist the candidate in getting placement in service. In this case, it is admitted fact that both the complainants had taken admissions for different courses by depositing requisite amount with opponent. They had attended many of the sessions. During examination of different semesters, they had scored good marks. They had not taken objection about conduct of courses or teaching at initial stage. They have taken this objection after completion of considerable semesters of their courses. Hence, we are of the opinion that the objection about course and teaching at belated stage cannot be considered. Moreover, complainants have cancelled their candidature on their own accord. Hence, they will not be entitled to get refund of amount deposited by them with opponents. Complainants failed to bring sufficient evidence on record that opponent A/12/674 & A/12/675 7 has given false assurances in respect of courses for which they had taken admission. If complainants would have completed course, they would have received degrees from Yashwantrao Chavan Open University. Hence, it has become clear that complainants could not get degrees as they left course on their own accord. Under such circumstances, the learned District Forum has rightly considered that opponent has not given deficiency in service to complanants and complainants are not entitled to get amount deposited with opponent along with damages along with costs and compensation. We are of the opinion that both the appeals are to be dismissed and order passed by the learned District Forum be confirmed. Hence, we proceed to pass the following order.
ORDER
1) Appeals bearing no.A/12/674 and A/12/675 are hereby dismissed.
2) Order passed by the learned District Forum, Mumbai Suburban District in consumer complaint no.CC/10/89 and CC/10/90 on 13/04/2012 is hereby confirmed.
3) Parties to bear their own costs.
4) Copies of this order be furnished to the parties forthwith.
Pronounced on Dated 17th October, 2018.
[D.R. Shirasao] Presiding Judicial Member [A.K.Zade] Member pg