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2008(3) CPR 1
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA
Arun Kumar Goel, President and Mrs. Saroj Sharma, Member
Munish Kumar —Appellant
versus
The Director Sachdeva New PT College and Anr. —Respondents
Appeal No. 401 of 2007
Decided on 24.4.2008
Counsel for the Parties:
For the Appellant:Mr. Abhishek Lakhanpal, Advocate.
For the Respondent No. 1:Ms. Kamlesh Shandil, Advocate.
For the Respondent No. 2:Mr. Rajesh Kumar, Advocate.
IMPORTANT POINT
For starting Distance Education Learning Programme concerned University has to get recognition from Distance Education Council.
Headnote:Consumer Protection Act, 1986—Sections 12 and 17—Unfair Trade Practice and deficiency in service—Distance Education Courses—For starting Distance Education Learning Programme, concerned University has to get recognition from Distance Education Council—Respondent No. 1 as authorized study Centre for respondent No. 2 offered Distance Education Courses and complainant got enrolled for M. Phil in physics course and deposited course fee Rs. 14,000 with Rs. 2,000—Non-refund of Rs. 2,000 after complainant withdrew from the course and Rs. 14,000 was refunded—Evidence to show that course in question had not been approved by Distance Education Council—Both respondents were guilty of unfair trade practice and were bound to indemnify complainant appellant—Respondent No. 1 to refund Rs. 2,000 with interest at 9% p.a. and pay Rs. 25,000 as compensation for undue harassment and Rs. 10,000 as punitive damages and to recover it from respondent No. 2. (Paras 9 to 15 and 20)
Result: Appeal allowed.
Arun Kumar Goel, President—Admitted facts giving rise to this appeal are, that respondent No.1 as Authorised Study Centre for H.P. of Chaudhary Devi Lal University, Sirsa, respondent No.2, issued advertisement, Annexure C1, in ‘Times of India’ on 26.11.2006, inviting applications for admission to Job Oriented Professional Distance Education Courses detailed in the said advertisement. This pertains to the admission for 2006-07. One of the courses offered was M. Phil in the subject of Physics, with which we are concerned in the present appeal.
2. Appellant deposited Rs. 14,000 and Rs. 2,000 with respondent No.1 was again not disputed. At the time of hearing, learned counsel for the parties admitted that so far respondent No.2, University is concerned, it has been established by a State Act passed by Haryana Government.
3. Distance Education Council on 26.11.2006 had published the following notice, copy whereof annexure C3 and the same is reproduced:
“Distance Education Council
Maidan Garhi, New Delhi-110068
Recognition of Degrees/Diplomas/Certificates for Employment Recognition of Distance Education Institutions.
Distance Education Council (DEC) constituted under the Indira Gandhi National Open University Act, 1985 with the object inter alia of determination of standards for distance education in the country has prescribed guidelines. In that behalf, it is mandatory for all institutions to obtain prior approval of the DEC before commencing any programme/course for degree/diploma/certificate through distance mode.
DEC has learnt that a number of institutions are offering programmes through distance mode without authorisation or recognition by the DEC. In few cases, deemed to be universities and State universities/institutions have sought to franchise to third parties and/or beyond the territory of the state in which the parent institution is located. All the institutions have been asked to refrain from such offerings vide a letter dated May 13, 2003 jointly signed by the Chairman UGC, AICTE and DEC. This is impermissible and does not have the sanction of DEC.
The public is cautioned that before they enroll for distance education in any institution, they must be satisfied that the institution has sanction for granting degree/diploma/certificate for the course in question and that the centre in question has specific prior approval of DEC.
(Emphasis Supplied)
A list of approved institutions with their centres and their programmes are placed on website at http://www.dec.ac.in or http://www. dec. ignou.ac.in. Further inquiries may be addressed to Director, Distance Education Council, DEC Building, IGNOU Campus, Maidan Garhi, New Delhi-110068.
Director
Distance Education Council”
4. Record further shows, that meanwhile Himachal Gyan Vigyan Samiti, Mandi, Himachal Pradesh, approached Indira Gandhi National Open University, on the subject ‘information regarding approval status of programme-reg’. Since this communication is relevant and material for deciding this appeal, it is also extracted herein below:
“Indira Gandhi National Open University
Prof. Manjulika Srivastava
F. No. IG/DEC/Misc/G-303/2214
Date: 11.1.2007
Sub: Information regarding approval status of programme-reg.
Dear Sh. Singh,
This has reference to your letter dated 10.1.07 regarding recognition status of programmes M. Phil course (in Science/ Arts) of Ch. Devi Lal University, Sirsa through distance mode.
In this connection we would like to mention that the above mentioned programme of the said university is not approved by DEC as yet as per Government of India Gazette Notification No. 44 dated 1st March, 1995 for posts and services under Central Government. You may visit DEC website www.dec.ac.in to know the recent recognition status of any programme.
With regards,
(Emphasis supplied)
Yours sincerely,
(Manjulika Srivastava)
Bhim Singh
Secretary
Himachal Gyan Vigyan Samiti, Mandi Himachal Pradesh.”
5. So far Indira Gandhi
