IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION,  CHENNAI – 600 003.

BEFORE  THE HON’BLE  THIRU. JUSTICE R.SUBBIAH  :   PRESIDENT

F. A. No.574 of 2022

(Against the Order dated 14.10.2022 made in RBT/C.C.No.202 of 2022  on the file of D.C.D.R.C. Ariyalur)

Wednesday, the 27^th day of September, 2023

The Chief Administrative Officer,

Anna Medical College & Research Centre,

10, Dr. Durgabai Deshmukh Road,

RA Puram, Chennai – 600 028.              ... Appellant/ 2^nd opposite Party

-Versus-

1. S.Renald Yesuthason,

    S/o Y.Samuel,

    1/15C, Near Village Office,

    South Thamaraikulam

    And Post- 629 701,

    Kanyakumari District.                       … 1^st Respondent/Complainant

2. Anna Medical College & Research Centre,

    Royal Road, Solitude,

    Republic of Mauritius,

    Office in India at:

    1312, 11^th Main Vijay Nagar,

    Bangalore – 560 040.                  ...  2^nd  Respondent/ 1^st  Opposite Party

3. Vaidyalingam,

    The Chairman,

    Anna Medical College & Research Centre,

    Accura Speciality Labs & Scans,

    No.26/53, 2^nd Street, Kamaraj Avenue,

    Adayar, Chennai – 600020.       …      3^rd Respondent/3^rd Opposite Party

Counsel for the Appellant/2^nd opposite party :  M/s. K.M.Balaji

Respondent No.1/ Complainant                   :  M/s. Elizabeth Ravi

Respondent No.2/ Opposite party No.3        :  M/s. S.Ganesh

This appeal came up for final hearing on 20.09.2023 and on hearing the arguments of the counsel for the appellant/2^nd op and on perusing the material records, and having stood over for consideration till this day, this Commission made the following:

ORDER

JUSTICE R.SUBBIAH  :   PRESIDENT

   This appeal has been filed by the 2^nd opposite party under section 41 of the Consumer Protection Act, 2019, as against the order dated 14.10.2022 passed in RBT/C.C.No.202 of 2022, by the District Consumer Disputes Redressal Commission, Ariyalur, allowing the complaint filed by the 1^st Respondent  herein, in part.

2.    The case of the complaint is that the complainant had completed his Higher Secondary Course Examination conducted by the State Board of Education, Government of Tamil Nadu, in March 2014, securing 929 marks out of 1200 marks. The marks secured by the complainant, was below the cut-off marks fixed for the admission into the Medical Course. However, Attracted by misleading advertisements made by the opposite parties, that the first opposite party institution situated at Mauritius is recognized by the Medical Council of India, and that having admission with the University therein, it is providing education of aspiring medical students, from around the world, to pursue the Under Graduate Medical Programmes (MBBS), through its extensive blend of structured lecture, lab and clinical training activities. Believing the same,  the complainant applied to the first opposite party, at their Chennai office, and the second opposite party and Admission Manager, received a sum of Rs.1,00,000/- under a cash receipt on 11.07.2014, and thereafter, paid a sum of Rs.9,50,000/- to the credit of the first opposite party, on 14.07.2017, in the Bank Account maintained by them in their name, with ICICI Bank, and the balance of remittances were made at the branch office of ICICI Bank, Kanyakumari Branch, and the Dean issued an order of admission dated 17.07.2014, and at the time of payment of another sum of Rs.1,00,000/- but, without any receipt, the complainant handed over the followi