GANDHI INSTITUTE OF MANAGEMENT & TECHNOLOGY Vs. ALOK KUMAR JHA
LAWS(NCD)-2020-2-8
NCDRC
Decided on February 25,2020

Gandhi Institute Of Management And Technology Appellant
VERSUS
Alok Kumar Jha Respondents




JUDGEMENT

C.VISWANATH,PRESIDING MEMBER, J. - (1.) The case of the Respondent/Complainant is that he took admission at the Petitioner/Opposite Party Institution for BBA course in 2011. He was given to understand by the Petitioner that the course was a regular BBA course under Eastern Institute for Integrated Learning in Management University (EIILM University). He, however, later learnt that the University Grants Commission had not approved distant learning course for opening of study centre on franchise basis, other than its Jorethang campus in Sikkin. Thereupon the Complainant sent a legal notice to the Opposite Party. Since there was no response to his legal notice, he filed a complaint case before the District Forum.
(2.) The case was contested by the Petitioner/Opposite Party that it held regular classes. The Complainant after two years of academic studies and obtaining marksheet from EIILM University for the first year, was seeking undue gain by claiming refund of fees. There was no deficiency in service on their part and therefore, the Complaint be dismissed.
(3.) District Forum allowed the Consumer Complaint in part with the following observation: - "Complainant has examined himself by filing affidavit in chief. We have carefully gone through the affidavit in chief submitted by the complainant. Complainant has stated that he is a consumer and after taking admission in the Gandhi Institute he came to know that Gandhi University not offering any certificate as a regular student to any institute outside the state of Sikkim and the course which he has pursued was in fact a long distance course. He has given lawyer notice to the Gandhi institute but they have not replied. Hence he has prayed for refund of admission fees. We find that there is no such document coming before us to controvert the statement of the complainant. The series of documents by the complainant and the OPs which could not show that OP Gandhi Institute is giving certificate for the course of BBA. In this circumstance we hold that complainant is entitled to get refund of admission fees. Hence, it is ordered that the complaint be allowed on contest against OPs in part. OPs are directed to refund Rs.1,76,085/- to the complainant within two months from the date of this order, failing which an interest of 12% per annum will run from the date of this order till final payment." ;


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