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

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

                      

F. A. No. 4 of 2023

 

(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

 

 

S.Renald Yesuthason,

S/o Y.Samuel,

1/15C, Near Village Office,

South Thamaraikulam & Post- 629 701,

Kanyakumari District.                                   ... Appellant/ Complainant

 

-Versus-

 

1. 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. The Chief Administrative Officer,

    Anna Medical College & Research Centre,

    10, Dr. Durgabai Deshmukh Road,

    RA Puram, Chennai – 600 028.         

 

3. Vaidyalingam,

    The Chairman,

    Anna Medical College & Research Centre,

    Accura Speciality Labs & Scans,

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

    Adayar, Chennai – 600020.       …      Respondents/ Opposite Parties

Counsel for the Appellant/ Complainant   :  M/s. Elizabeth Ravi

Respondents 1 to 3/opposite parties 1 to 3:  Served. Called absent.           

This appeal came up for final hearing on 20.09.2023 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 Complainant 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 Reddressal Commission, Ariyalur, in so far as rejection of the complaint for refund of Rs.11,50,000/- towards the fees paid by the complainant in the first opposite party college at Mauritius.

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. 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.  Pursuant to the said payment, 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 following documents in original, namely, (i) 10^th Mark Sheet No.0115560; (ii) 12^th Mark Sheet No.8630326; (iii) The conduct Certificate issued by CSI Matriculation Higher Secondary School, Nagercoil; (iv) Transfer Certificate issued by CSI Matriculation Higher Secondary School, Nagercoil; (v) Passport of the complainant.  Subsequently, the passport alone was returned to the complainant, to enable him to travel from India to Mauritius, but other documents were not returned, but they were retained by the opposite parties.  The father of the complainant was made to pay a total sum of Rs.11,50,000/-

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