State Consumer Disputes Redressal Commission
Guru Nanak Dev Para Medical Institute vs Salim Mohammad on 15 February, 2016
2nd Additional Bench
STATE CONSUMER DISPUTES REDRESSALCOMMISSION, PUNJAB,
DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.
First Appeal No.188 of 2013
Date of institution: 20.02.2013
Date of Decision: 15.02.2016
Guru Nanak Dev Para Medical Institute, Court Road, Saggu Niwas,
Near Dr. Tarlochan Singh, Barnala, Tehsil & District Barnala, Punjab
through its Principal, S.Pargat Singh.
Appellant/Opposite Party
Versus
Salim Mohammad son of Sh. Bali Mohammand, Resident of Bhaini
Kamboan, Post Office khanpur, Tehsil Malerkota, District Sangrur,
Punjab.
Respondent/complainant
First Appeal against order dated
06.12.2012 of District Consumer
Disputes Redressal Forum, Barnala.
Before:-
Shri Gurcharan Singh Saran, Presiding Judicial Member
Shri. Jasbir Singh Gill, Member
Mrs. Surinder Pal Kaur, Member
Present:-
For the appellant : None
For respondent : Sh. R.K Bansal, Advocate
Jasbir Singh Gill, Member
ORDER
This appeal has been filed by the appellant/Opposite Party (hereinafter referred as OP) against the impugned order dated 06.12.2012 passed in CC No.55 of 2012 by the District Consumer Disputes Redressal Forum, Barnala (hereinafter referred as District FA No.188 2013 2 Forum), vide which the complaint of complainant was allowed by the District Forum and Ops were directed to refund an amount of Rs.27,600/- to the CC along with interest @ 9% per annum and compensation to the tune of Rs.2,00,000/-.
2. Complaint was filed by the complainant under the Consumer Protection Act 1986 (hereinafter referred as Act) against OP on the averments that he was Matric pass and got attracted towards an advertisement given by the OP, wherein, it was mentioned that "Guru Nanak Dev Para Medical Institute" Barnala, established by SBS Educational & Welfare Society, Barnala, under the Para Medical Council, Punjab, Mohali, and the Institute was running following employment generated courses:-
S. No. Name of course Duration Qualification
1 M.P.H.W (Male) 1-1/2 year 12th with Science
2 DMLT 2 years 10th Pass with Science
3 DMRT 2 years 10th with Science
4 Ayurvedic Pharmacist 2 years 10th with science
5 Veterninary Pharmacist 2 years 10th with science
6 XXXX XXX XXX
7 XXXX XXX XXX
Complainant after reading the advertisement made up his mind to take admission in the diploma course of Veterinay Pharmacist. In this regard he contacted Principal Sh. Pargat Singh FA No.188 2013 3 who confirmed running of the course in his institution and even confirmed the affiliation of the OPs institution with the Para Medical Council Punjab Mohali. It was further pleaded that as per the advertisement given in the pamphlets and brochure by the OP, complainant applied for the admission of diploma in Veterinary Pharmacist in the institution and sent a demand draft of Rs.2600/- dated 04.10.2010. After completion all the formalities he again deposited a sum of Rs.4000/- as fee for the year 2010 vide receipt No.46 dated 16.06.2010 and paid the fee on different dates which come to Rs.27,600/-. It was further pleaded that after completion of one year, OP released the Admit Card to complainant for appearing in the annual examination of 2011 BVP 1st bearing Roll No.1020/BCp2691020/10 along with the name of study Centre/School as GNB PMI Barnala. That after the completion of one year complainant along with other students came to know about a writ petition No.13121 of 2009 titled Para Medical Council Punjab OPP. ESI Hospital Industrial Area SCO 37, Mohali Vs State of Punjab through Secretary Department of Animal Husbandry, Chandigarh that the institution of the OP was not affiliated or recognized by the department. It was further pleaded that an information was sought from the Director Animal Husbandry, Punjab, Chandigarh to the effect that whether the students, who were doing diploma from the institution of the OP, will be eligible for the appointment as Veterinary Pharmacist in Punjab or not. But as per list supplied by the Veterinary Council of India dated 14.10.2008 the FA No.188 2013 4 name of the OP was not found mentioned in the list of recognized colleges.
Thus, alleging deficiency in service, and mal practice on the part of the OP. The complainant field the complaint seeks following reliefs against the OP.
(a) OP be directed to refund the amount of Rs.27,600/- along with Rs.40,000/- on account of purchasing books etc.
(b) OP further be directed to pay Rs.2,00,000/- as compensation and Rs.10,000/- as the cost of proceedings.
3. Upon notice, OP filed the reply by taking preliminary objections that the institute was affiliated with Para Medical Council, Punjab, Mohali, which was a society registered under the Societies Registration Act. The institute has nowhere claimed in its Information/Brochure or in the advertisement of the OP, to the effect, that institute is recognized by any University, Government or by any department or the students are entitled for government jobs etc. It was further stated that there is no Central Act to regulate field of Para Medical Courses. Even the State of Punjab, do not have any State Act to regulate the Para Medical Courses. The Para Medical Council, Punjab, Mohali, has formed a group of expert doctors as Committee Members to run the various Para medical Courses. It was further stated that the Director Animal Husbandry Punjab vide its reply/letter dated 24.03.2008 had admitted that there is no Act regarding Diploma in Veterinary Pharmacy and it was also admitted FA No.188 2013 5 in this reply/letter, that the Department of Animal Husbandry Punjab, had given training to at least 450 students in two years veterinary Pharmacist Training course, but till date those students have not been recruited on regular basis by the Government. Even the Tamil Nadu Veterinary and Animal Sciences University has written a letter dated 21.09.2007, to the Director Animal Husbandry and Veterinary Sciences, Chennai, informing therein, that recognition of Veterinary Pharmacist course is not coming under the purview of that University. The Himachal Pradesh State Veterinary Council vide its reply/letter dated 28.09.2011, has also admitted that Diploma in Veterinary Pharmacy does not come under the Purview of HP State Veterinary Council, which has been established under IVC Act 1984 and this course is not mentioned in the First Schedule of the Indian Veterinary Council Act, 1984. The students/candidates, who had passed/completed Para Medical Courses run by Para Medical Council, Punjab, Mohali, were considered for Government jobs. For example, one of the student namely Dharmjit Singh has got Government job and worked as Veterinary Pharmacist at Civil Veterinary Hospital, TalwandiBharo, Tehsil Nakodar, District Jalandhar, Punjab. Another student of the Para Medical Council, Punjab, Mohali namely Gulshan Kumar s/o Sh. Sukhdev Raj, was recently employed by the National Rural Health Mission. Another student namely Dharminder Singh of the Para Medical Council, Punjab, Mohali, was considered for the post of Radiographer in Punjab Health Systems Corporation, Bathinda. Another student FA No.188 2013 6 namely Jaswinder Singh, who had done Medical Radiography course from Para Medical Council, Punjab, Mohali was employed Radiographer at Ahmedgarh, District Sangrur vide letter dated 11.02.2011, issued by Punjab Health Systems Corporation, and the Medical Radiography Technology Certificate issued by Para Medical Council, Punjab, Mohali. Another student namely Suman Devi who had done Multi-Purpose Health Workers (Female) Vocation Course from Para Medical Council, Punjab, Mohali, has been appointed as ANM in the Office of Civil Surgeon, Karnal vide appointment letter No.RCH-11/361 dated 31.02.2011 issued by Civil Surgeon, Karnal Haryana and the copies of the above said letter dated 31.02.2011 issued by Civil Surgeon, Karnal, Haryana. It was further stated that some of the students who had acquired Diploma in Multipurpose Health Worker Course from Para Medical Council, Punjab, Mohali, have applied for the post of Multipurpose Health Workers (Male) in the State of Haryana, as per the advertisement dated 07.08.2008, issued by Haryana Public Service Commission, but they were not called for interview on the ground, that they have not acquired the diploma from institutions either run by Haryana Government or approved by Haryana Government. Those students have approached the Hon'ble Punjab and Haryana High Court, vide Civil Writ Petition No.1272 of 2009 praying for issuance of an appropriate writ, order or direction quashing the advertisement dated 07.08.2008 vide which a condition has been imposed that for recruitment to the Post of Multipurpose Health Worker (Male) only the training course FA No.188 2013 7 done from institutions approved by the Government will be considered eligible or issue an appropriate writ direction or order directing the respondents for declaring that all diplomas being awarded for Multi-purpose Health Workers from registered institutions from other states will also be considered eligible. The said CWP No.1272 of 2009 was allowed vide order dated 16.02.2010 passed by the Hon'ble High Court. The State of Haryana was directed to consider the candidature of the petitioners in the said petition for the post of Multi Health Worker (Male). There is no law/regulation for regulating the registration of paramedical field. There is no state or statutory council for paramedical education set up in the state of Punjab, Haryana and Chandigarh nor has any procedure for registration of Paramedical technicians ever been set up. The OP institute imparts regular teaching and training to its students in para medical field like multipurpose Health Workers, Dental Lab Technicians, Laboratory Technicians of various types, Veterinary Pharmacist etc. These are simple skill based knowledge courses and do not require any elaborate academic training. On merits, It was admitted that the complainant took admission in veterinary pharmacist course run by the OP institute which is affiliated with Para Medical Council, Punjab, Mohali. It was also admitted that he deposited the admission fee alongwith other fee and denied that they had given false advertisement or allurements or promises to the complainant. Rather, the complainant took admission after going through the information Brochure and FA No.188 2013 8 satisfying himself. Thus alleging no deficiency in service on its part and prayed for the dismissal of complaint.
4. The CC in support of his complaint has tendered into evidence his own affidavit Ex.CW1-A, photocopy of Bank Draft dated 04.10.2010 as Ex.C-2, receipts Ex.C-3 to C-17, Admit Card Ex.C-18, Order civil writ petition No.13121 of 2009 Ex.C-19, RTI information Ex.C-20, application Ex.C-21, list of recognized veterinary colleges Ex.C-22, photocopy of rules and regulations Ex.C-23, Advertisement Ex.C-24 and closed his evidenced. On the other hand, OP in support of its version has tendered into evidence affidavit of Pargat Singh Ex.R-1, letter dated 31.01.2012 Ex.R-2, petition Ex.R-3, letter Ex.R- 4, letter dated 26.02.2010 Ex.R-5, letter dated 14.10.2008 Ex.R-6, list of recognized colleges Ex.R-17, information brochure Ex.R-8, receipts Ex.R-9 to R-16, Admit Card Ex.R-17, information brochure x.R18, copy of order of Hon'ble Supreme Court Ex.R-19, letter dated 11.10.2011 Ex.R-20, letter dated 28.09.2011 Ex.R-21 and closed his evidence.
5. Aggrieved by the order of the District Forum OP filed the appeal.
6. We have heard the learned counsel for complainant and none appear from the side of appellant.
7. In the grounds of appeal, it has been mentioned that District Forum had wrongly relied upon the false averment of complainant that OP had given advertisement that its Institute was a recognized institution and was approved by Punjab Government. FA No.188 2013 9 District Forum had wrongly observed in para No.5 of the impugned order that it appear from the brochure to the common man that the institute of OP appeared to be recognized by the Government and obviously it appears that after doing the veterinary pharmacist course one can get job. This observation of the District Forum is based on assumptions only whereas there is no such evidence on record. It was further stated that District Forum wrongly observed in the impugned order that they feel that the Act of OP is an illegal activity of imparting education in the Para Medical Field. While giving the said observation the learned District Forum had not considered the fact that there is no Central Act to regulate the field of Para Medical course. Unless any activity is barred by any Law/Act, it cannot be said that the said activity is illegal. Director Animal Husbandry Punjab vide its reply/letter dated 24.03.2008 stated that there is no Act regarding diploma in veterinary pharmacy. It was admitted in this reply/letter that Department of Animal Husbandry Punjab had given training to at least 450 students in two year Veterinary Pharmacist training course but till date those students have not been recruited on regular basis by the Government. Diploma holders of OP are entitled to get the job.
8. Whereas the counsel for the complainant argued that OP by adopting such type of modes and misleading advertisements attracted the students that OP institution is affiliated with Para Medical Council Punjab, Mohali and wrongly stating that veterinary pharmacist course is of two year as referred in their brochure Ex.R- FA No.188 2013 10 18/Ex.C-1 and further conducted the examination of first year after taking a huge amount as fee which comes to the tune of Rs.27,600/- which is unfair trade practice on the part of OP. In support of his complaint he tendered his own detailed affidavit Ex.CW/A in which he mentioned that he was admitted in the institute and completed one and a half year and OP collected huge amount in the name of fee. Whereas, institution of OP was not recognized by Government of Punjab or affiliated to any State/Central University. By giving such type of advertisement OP was successful in alluring various students. A reference has been given to the decision of Hon'ble Supreme Court in Buddhist Mission Dental College and Hospital versus Bhupesh Khurana and others 2009 Part 4 SCC Page 473 where in it was held that admitting students to the four year degree course of BDS by institute which was neither affiliated by an university nor recognized by the Dental Council for imparting education on misrepresentation about affiliation tantamount to unfair trade practice.
9. We have perused the brochure of OPs Ex.C-1, it appear from the brochure that the institution of OP is affiliated to Para Medical Council (Pb) Mohali and it appears that after doing the veterinary pharmacist course one can get the job. Complainant had placed on record a letter Ex.C-21 in which it was mentioned in 'Column-C' that the students who have taken training from the recognized veterinary pharmacist institute they shall be eligible for job. In 'Column-D' it has been mentioned that before commencing FA No.188 2013 11 the course of veterinary pharmacy the Animal Husbandry Institute had to take necessary permission from the Punjab Government for implementing courses. In this case OP has failed to bring any cogent, reliable and trustworthy evidence on the file that the institute of OP was recognized by the Government in any manner as was affiliated with any State or Central University. Complainant had also placed the list of the recognized veterinary colleges Ex.C-22 in which the name of the institute of OP was not mentioned. Complainant had also placed reliance on the judgment of National Commission in Aashirwad Health & Education Trust& Anr. Versus S.L.M. Ahmed & Ors., decided on 01.03.2013 in CPC 2013 Part-II, Page 323, held that college was not recognized and the degree was not given. OP did not obtain permission from Medical Council of India. It was clearly a case of deficiency in service on the part of OP. In this case complainant was admitted in the institute of OP to do the diploma course of veterinary pharmacist and paid Rs.27,600/- on different dates as fee and OP conducted annual examination to the diploma course and completed his one and half year. However, when there was no permission of Government of Punjab or that the institute was not affiliated with any State/Central University then what will be the fate of its student. This act of OP is a case of unfair trade practice and deficiency in service.
10. We have also gone through the judgment of the Hon'ble High Court of Punjab & Haryana, wherein, FA No.188 2013 12 theHon'ble Justice Sh. K. Kannan, has mentioned in Para 9 of the judgment, that "We have already observed that under the so-called Para Medical Institutes under the banner of the so-called Para Medical Institutes, they have enlisted students for admission into diploma courses for Veterinary Pharmacy. The Central Veterinary Council Act definitely controls all veterinary institutes in India and it shall be impermissible for anyone to have any courses through any institute that is not registered and enlisted in First Schedule of Veterinary Council Act of 1984. In Punjab, the Punjab Veterinary Council was established under the Punjab Veterinary Council Act of 1981. The first Punjab Council came into existence during the year, 1983 and the State Council continued to be constituted as per the State Act till the year 1993 when the Punjab VidhanSabha through a unanimous resolution extended the Indian Veterinary Council Act of 1984 of the State of Punjab and repealed the State Act of 1981. Therefore, the Punjab State Veterinary Council remains constituted under the Central Act and the notification to the said extent had also been issued under the Indian Veterinary Council Act of 1984. The Central body and the respective State Councils regulate veterinary practice and provides for the establishment of a Central Vigilance Council and the State Vigilance Councils and prepares and maintain s registers of practitioners. In the face of such an enactment, it shall be futile for the petitioners to contend that under the banner of Para Medical Institutes, they have a right to offer certificate or diploma courses for Veterinary Pharmacy. There can be no affiliation to a firm or educational institution which is not recognized in the manner laid down under Section 16 of the Central Act of 1984".
FA No.188 2013 13
11. From the above discussion, it seems that it is a case of false advertisement on the part of OP. OP was restrained by Hon'ble High Court of Punjab and Haryana from conducting any examination but they conducted the examination ignoring the order of the Hon'ble High Court. They have also circulated a misleading advertisement to attract many innocent youth like complainant very well knowing the credibility of their institute.
12. These kinds of private educational institutions like OP which are making very high claims and thereby creating big business and recover huge amounts by the way of fees. Whereas, the education is one of the most valuable services in human society but these institutions charges huge sum and appoint unqualified staff and faculty to teach a particular stream which has become just business rather than service to the society. Complainant and other students who took the admission in the institute of OP which was not recognized and approved by the Government or affiliated with any State/Central University tantamounts to unfair trade practice.
13. We are of the view that order passed by the District Forum is valid and justified. There is no ground to interfere the same and is upheld. The appeal filed by the appellant is hereby dismissed.
14. The appellant/OP had deposited an amount of Rs.1,00,000/- with this Commission at the time of filing the appeal. This amount of Rs.1,00,000/- with interest accrued thereon, if any, be remitted by the registry to the respondent/complainant by way of a crossed cheque/demand draft after the expiry of 45 days from the FA No.188 2013 14 date of dispatch of order to the parties. Subject to stay if any by higher Fora/Court. As per the order of the District Forum remaining amount shall be paid by the appellant/OP to respondents/complainants within a period of 45 days from the date of dispatch of order.
15. Arguments in this appeal were heard on 06.11.2015 and the order was reserved. Now the order be communicated to the parties as per rules. Appeal could not be decided within the statutory period due to heavy pendency of court cases.
(Gurcharan Singh Saran) Presiding Judicial Member (Jasbir Singh Gill) Member February 15 , 2016. (Surinder Pal Kaur) PK/- Member