State Consumer Disputes Redressal Commission
Wigan & Leigh College vs Supriya Chabria on 26 February, 2008
IN THE STATE COMMISSION: DELHI IN THE STATE COMMISSION: DELHI (Constituted under section 9 clause (b) of the Consumer Protection Act, 1986) Date of decision: 26.02.2008 First Appeal No.943/2004 (Arising from the order dated 24.09.2004 passed by District Forum(South-II), Udyog Sadan, Qutub Institutional Area, New Delhi in Complaint Case No.4383/1999) Wigan & Leigh College, Appellant 401-402, Skipper Centre, 88, Nehru Place, New Delhi. Versus Ms Supriya Chabria Respondent. A-33 Lajpat Nagar II New Delhi. CORAM: Justice J.D. Kapoor, ... President Ms. Rumnita Mittal Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice J.D. Kapoor, President(ORAL)
1. On account of having been misrepresented by the appellant at the time of admission that the third semester course would be completed at U.K., with the degree in DBA, the appellant has been vide impugned order dated 24.09.2004, directed to pay compensation of Rs.1 lacs towards air ticket and for the stay in England and also for causing mental agony due to non-issue of the certificate by the appellant besides Rs.3,000/- as cost of litigation.
2. Feeling aggrieved the appellants have preferred this appeal.
3. Broad facts are not in dispute and are that the appellant is franchisee of Wigan & Leigh College, U.K. It claims to offer internationally relevant and accepted qualification both at the undergraduate and postgraduate levels.. The certificate and diplomas are granted by various British professional bodies. One of such course is Diploma in Business Administration (DBA) which according to the prospectus of the appellant is recognised by Chartered Institute of Marketing. Duration of the course is 1 years. The programme is divided into 3 semesters of 6 months each. The tuition fee if paid in lumpsum is Rs.27,000/- for the whole course of Rs.25,00/- per month, if paid in instalments. The respondent opted for DBA programme in August 1997 and opted for payment of the fees in instalments. She gave 15 post dated cheques of Rs.2,500/- each. Besides this she paid Rs.4,000/- as registration charges at the time of admission. In all she paid Rs.41,500/- for the course.
4. After joining the course the respondent was told by the College that she could opt to pursue the last semester of the course in England.
The fee was 3000 sterling pounds, which was reduced to 2000 sterling pounds. Out of these 500 sterling pounds were to be paid in India and the rest in the UK. The college also offered a scholarship of 1000 sterling pounds to meritorious students on the basis of good performance in the first two semesters. The respondent opted for the 3rd semester in UK. She was granted the scholarship of 1000 sterling pounds on the basis of her performance in the first two semesters. The respondent completed the first two semester in August 1998. At the end of August 1998 she was to leave for England to complete her last semester. However, it is alleged that College delayed her departure till January 1999 and thus the respondent lost her three precious months.
5. Since the respondent had opted to do her 3rd semester in England, the appellant told her that she would be refunded the fee for the 3rd semester. But the appellant encashed her cheques and did not return the total fee of Rs.10,000/- for 3rd semester. The respondent left for England in January 1999. Before leaving she paid to the appellant 500 sterling pounds as advance payment for her course in the UK. On reaching England the respondent found that the Wigan & Leigh College, UK had no such course as DBA. However, the college offered that she could pursue any course available in the College in lieu of DBA. None of the courses offered by the UK College matched with the subjects of the DBA Course. Since the respondent had already spent much money on travel and lodging etc., she could not go back. The college authorities advised her to study on her own and not as a part of the classroom course contrary to their own letter dated 16.01.1998 describing the course as full time. The respondent completed her 3rd semester of her own without any aid of any teaching facility of UK College. The respondent completed her assignment in 1 months and submitted to the UK College. The UK College vide letter dated 09.02.1999 confirmed that the respondent completed her 3rd semester in DBA at the Wigan & Leigh College UK and that she would be granted a diploma in business administration and the certificate would follow. However the respondent did not receive any such certificate till the filing of the complaint. The respondent returned to India in the end of February 1999.
6. The respondent was to pay 1000 sterling pound for the course in England and 1150 sterling pound for her accommodation from January 1999 to June 1999. However, since she completed her course in less than two months she was exempted from payment of these fees. She was charged only 184 sterling pounds towards lodging. The respondent spent Rs.30,522- on air fare and Rs.72,725/- on food etc. during her stay in the UK.
According to the respondent the appellant misguided her that their College in UK provided tuition for the DBA Course in the 3rd semester. The respondent claimed the refund of Rs.10,000/- paid to the appellant as fees for the 3rd semester in India, Rs1.5 lacs spent by her in UK and Rs.1 lacs as compensation.
7. As against this the version of the appellant is that the DBA programme was a part time course and according to letter dated 16.11.1998 it was a full time course issued by the UK College only to enable the respondent to obtain the visa for UK. The respondent joined the course in August 1997 and completed her second semester in August 1999 and therefore there was no question of her joining the course at JK College starting in September. The application for the 3rd semester in UK was to be sent by 25.08.1998 and by no stretch of imagination the person applying on 25.08.1998 could joint the College in UK w.e.f. 01.09.1998. The respondent chose to do the 3rd semester in UK of her own choice. That the fee of 500 sterling pound was paid by the respondent to the UK College and not to the appellant and that as per the letter dated 16.11.1998 the respondent was accepted by the UK College for the course which was to commence from 04.01.1999 and the same having been accepted by the respondent she cannot now turn back and state that her departure was delayed by the appellant.
8. The appellant denied that the respondent was informed that in case she opted to pursue her 3rd semester in UK the fees paid for the 3rd semester to appellant would be refunded. According to the appellant the fee was not refundable as per the rules and agreement and that the certificate has been issued to the respondent and even otherwise the same was to be issued by the UK College and the appellant is responsible for the same. As to the studies at the UK College there was no student who had opted for the said course from the UK and other students from India also arrived lat and therefore the course started late The appellant denied that the UK College was not having any course such as DBA. It has further averred that the respondent did not attend the classes at the UK College for the subject relating to the DBA course. She was also given tutorials on that basis. According to the appellant the respondent was given tuition for DBA and additionally a course in Business and Micro Economies at no extra cost.
9. Perusal of the impugned order shows that the District Forum has observed that there is nothing on record to substantiate the plea of the respondent that the appellant had promised to refund the third semester fee. The respondent chose to do her last semester at the UK College of her own volition and therefore in the absence of any agreement, she cannot ask for the refund of the third semester fee paid to the appellant. The District Forum also observed that in any case the respondent having accepted the admission for the course starting in January 1999 at the UK College now could not turn back to blame the appellant.
10. The only question as posed by the District Forum is that whether the DBA Course was being offered by the UK College to the third semester students of the appellant or not. According to the counsel for the appellant the answer given by the District Forum to the aforesaid question in the negative, is not correct.
11. Counsel for the appellant has challenged the conclusion of the District Forum on the following premises:-
(i) Letter given by UK College informing that the UK has no course as DBA and this course of DBA was especially designed to meet the market needs of overseas students only, studying in their own country and UK College offered her that in lieu of DBA she can pursue any other course. It is further submitted that this programme is running successfully in five countries for over 12 years and the programme as such was not offered to the students.
(ii) Letter dated 17.02.1999 clearly states that the appellant was having arrangement with UK College for providing tutorials and equivalent BTEC Higher National Diploma subject to enable students coming from India to complete their DBA in the final semester.
(iii) Letter dated 09.02.1999 issued in favour of respondent is to the following effect.
Supriya Chabria, who is a student of Wigan & Leigh College India studying for her Diploma in Business Administration.
Supriya gained a scholarship to come to Wigan & Leigh College in the United Kingdom to complete her last semester during the period January to June 1999.
She obtained the following modules in India: -
Managing Marketing Distinction (Examination & Assignment) Managing
Finance - Distinction(Examination & Assignment) Managing Information - Pass (Examination only) Managing People & - Merit (Examination Only) Operations.
During her time in Wigan, she obtained: -
Managing Law - Distinction Managing Peope & - Distinction Managing Information - Distinction We are therefore pleased to say that Supriya will be awarded her Diploma in Business Administration, the certificate will follow.
To complete her Diploma, Supriya has had to study on her own to complete the assignments, not as part of a class. She has had to work very hard during the short time she was here with us at Wigan & Leigh College UK and has done extremely well to have obtained the result that she has.
12. According to the counsel for the appellant the aforesaid communications demonstrate that the appellant had arrangement with the UK College for completion of Diploma in Business Administration with the assurance that she will be awarded her diploma in business administration followed by a certificate. Counsel for the appellant has referred to the said certificate issued by the UK College which is placed at page 159 of the paper book.
13. While refuting the allegations of the respondent that BTEC is not the same course as DBA, the counsel for the appellant contended that BTEC is the Board like certificate like CBSE and not course like DBA. Thus according to the counsel for the appellant the impugned order is not in consonance with the aforesaid communication as well as agreement between the parties particularly when the respondent was given certificate and also given facilities.
14. On the other hand the counsel for the respondent has referred to the reply filed by the appellant wherein the appellant had denied that respondent had not been issued certificate by saying that the certificate was issued within one month from the completion of the course but at the same time it has stated that without prejudice to the same holding over the certificate by the UK College has no connection with the appellant and cause of action arose in UK and not in India. Counsel for the respondent has contended that it was only at the stage of filing of the appeal that the appellant has enclosed the certificate.
15. This is being said on the premise of letter dated 17.02.1999. According to his letter this programme has run successfully in five different countries for over 12 years but programme as such was not offered to the students in UK. But the college agreed that the appellant was having arrangement with UK College for providing tutorials and equivalent BTEC Higher National Diploma subject to enable students coming from India to complete their DBA in the final semester.
16. There is no dispute with the later part that the respondent would be provided tutorials and equivalent BTEC Higher National Diploma so as to enable those students coming from India to complete DBA. The same facility was provided to the respondent.
17. Another communication which is relevant is letter dated 09.02.1999 stating that respondent will be awarded her diploma in business administration, the certificate would follow but to complete her diploma, respondent had to study on her own and not as a part of the classroom course and as such she had to work very hard during the short time she was at Wigan & Leigh College UK, and has done extremely well.
18. There is no document or indication anywhere that she was to be provided classes to complete assignment as part of arrangement.
Even if it was so what was assured was that the courses are same, qualifications are same but there is difference in experience and thus limited grievance of the respondent was with regard to not being allowed to attend the classes whereas she was provided all the tutorials and material to complete the course and in any case she had to incur expenses for her stay there, which she is now claiming as she was to be awarded diploma in business administration with certificate to be issued by the appellant College UK. However it appears that there was misunderstanding or misconstruction of conclusions as mentioned in the communication that the courses are same, qualifications are same but there is difference in experience.
19. Taking overall view of the matter and the mis-apprehension created in the mind of the respondent to the effect that she was under the impression that she would be allowed to attend the classes and not to be assisted by way of tutorials etc. and other material, we deem that lump sum compensation of Rs.25,000/- besides Rs.10,000/- as cost of the proceedings would meet the ends of justice.
20. The appeal is disposed of with the direction to the appellant to pay Rs.25,000/- as compensation and Rs.10,000/- as cost of the proceedings and also with the direction to issue certificate to the respondent having cleared diploma in business administration if already not issued and further that the appellant in future shall make very clear as to what kind of assignment or assistance shall be provided to the student at UK and not to be ambiguous about the conclusions or information given by them on the notice board.
21. This order shall be complied with within one month from the date of receipt of this order.
22. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.
23. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
Announced today on 26th day of February 2008.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member Tri