State Consumer Disputes Redressal Commission
Sushil Gupta vs International Deportment on 5 November, 2015
Daily Order IN THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Argument:05.11.2015 Date of Decision: 18.11.2015 Complaint No. 340/14 In the matter of: Sh. Sushil Gupta, S/o Sh. Ram Kishan Gupta, R/o H.No.6580/2, Block No.9, Dev Nagar, Karol Bagh, New Delhi-110005. .............Complainant Versus International Department (Master Vintage International), Through Mr. Herve Salkin, Director General, Ecole Superieure d'Agriculture (Groupe ESA), 55, rue Rabelais, B.P.30748, 49007, Angers Cedex 01, FRANCE Also at: Master Vintage International (Groupe ESA, Angers) Through its Chairperson The Coordinator Campus France India, French Cultural and Research Centre, 2, Aurangzeb Road, New Delhi-110011. ......Opposite Parte CORAM Justice Veena Birbal, President OP Gupta Member (Judicial) 1.
Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
OP Gupta, Member (Judicial) The present complaint has been filed on the allegations that complainant is a science graduate and has learnt French language up to intermediate level from Alliance Franccaise de Delhi , Lodhi Road in 2005. He used to work with Oracle India Pvt. Ltd as a French language specialist from July, 2006 to February, 2008 at the package of Rs.4.25 lacs per annum. From March, 2008 he started working freelancer doing translations, interpretations, giving French language home tuitions to the school students in order to have good future prospects. He went to France in September, 2009 for pursuing his International Master Degree to have a bright professional carrier. He was a student of OP from September, 2009 to October, 2012. He applied for the said course in December, 2008 and was called for interview on 12.01.2009. It was difficult for him to go Pune. So he requested campus office at New Delhi to have telephonic interview which was allowed for 04.02.2009. He was selected on 11.05.2009. He was asked to deposit 200 euro (Rs.14,000/-) in advance to confirm his admission. He made the payment. He was invited to pursue this course in France in September, 2009 and he left India to pursue this two years Master Degree Course. The course was divided in four semesters. He pursued the course and passed in first three semesters with good marks but failed two times consecutively in last semester. In the last semester, he was required to do an internship of six months with a company and to write an academic thesis and the services of a tutor was assigned by the Groupe ESA to make the thesis of the quality standard which is required at the Masters degree level. The tutor did not help him and went on holidays without checking and giving his comments on the documents prepared by the complainant. In August, 2011, tutor came back from holidays, read the thesis and marked the thesis as 'insufficient' or 'fail'. The complainant was told to repeat the last semester by depositing 3016 euros. The complainant requested for waiving off the fees which was rejected. He paid the fees and found another internship at New Delhi. He was assigned the tutor Madam Caroline Dusautoir to give services to him but she also did not assist and did not give quality services. The complainant was told by his tutor that both thesis and summary of the thesis were insufficient and were not up to the required quality level. The complainant is going to be of 34 years of age on 3rd October, 2013 and his professional career has been ruined by OP. The complainant became mentally unwell and was under treatment in psychiatry OPD at AIIMS. He sent notice dated 23.02.2013. Hence, this complaint for refund of Rs.15,26,400/- paid by him towards tuition fees for the Session 2009-2011, refund of Rs.2,17,152/- paid as tuition fee for 2nd thesis, Rs.1,08,000/- spent by him towards Air fare lodging and boarding for going to France in October, 2012. He also claimed Rs.57,60,000/- as compensation for mental, physical and financial agony. He has claimed Rs.14,40,000/- as compensation for loss of earning during past three years and Rs,.54,000/- as litigation cost. In all, he has claimed Rs.98,25,552/-.
We have gone through the material on record and heard the arguments. First of all it may be mentioned that taking admission and paying fees does mean that candidate is entitled to Master Degree. According to complainant himself he learnt French language uto intermediate level. He could not get master degree straightway. There is long gap in intermediary level and master degree.
Secondly, it may be mentioned that amount claimed by the complainant is highly exaggerated. He paid about 18 lacs and now he wants Rs. Ninety eight lacs. Consumer Protection Act is meant for saving a consumer from exploitation and harassment not for enriching him.
In view of the above decision, complaint is dismissed in limine. A copy of this order be sent to the complainant free of cost.