1.

The facts of case as per the District Commission record are as under:

“The case of the complainant, in nutshell, is that she was a

student of OP No.1 at South Extension, New Delhi and her ID

No. was S090020101308 and she took admission for three

years GNIIT program in the year 2008. She got admission on

28.06.08 and paid Rs. 106064/- vide various receipts till

19.07.10. The OP had informed her father that she was doing

very well in the study and getting more than 75% marks.

When she asked for the mark sheet it was told by the OP No.1

that the composite mark sheet will be given only after

completion of the course. She completed two years course on

20.07.2011 and she was attending the classes continuously.

She lost interest in the said program as the OP's study method

was outdated and they were not taking any interest. She got

admission in MBA from Bharti Vidyapeeth at Pune and,

hence, she informed the OP in writing on 20.07.11 that she is

not in a position to continue with a 3rd year GNIIT program

and requited the OP to issue a certificate for two years as

agreed by the OP at the time of giving admission. Inspite of

receiving letter dated 20.07.11 OP has not issued any

certificate to her in this regard. She again requested the OP

on 06.09.2011 for issuing the certificate for two years to

which she was legally entitled. The OP vide letter dated

29.09.11 deviated from the contents of the prospectus given to

her at the time of admission. She informed the Technical Head

of the OP that she was not interested in view of the poor

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quality of the education/training imparted by the OP. Instead

OP telephonically informed her father that she is doing very

well in her studies. The contention of the OP is incorrect that

she had requested to repeat T-1, SMB Module Test to clear

the test with the minimum 50% marks. The OP called her at

South Extn. Centre and asked her to write a letter for re-

examination so that they could award an NIIT certificate to

her. Once again she sent a letter dated 29.10.11 to the OP to

redress her grievance by issuing the certificate but the OP

deliberately failed to redress the grievance and compelled her

to approach this Forum. Complainant has prayed that the OP

be directed to issue certificate of ANIIT, pay Rs.50,000/-

towards compensation for causing mental harassment and or

in alternative to refund the entire consideration of Rs.

1,06,064/- alongwith interest @ 12%.”

2.

The District Commission after taking into consideration the material

available on record passed the order dated 04.09.2017, whereby it held as

under:

“We have heard the arguments on behalf of the

Complainant and have also gone through the file very

carefully.

It is not in dispute that the complainant took the admission

with the OP for three years and after completion of two years

she got admission in MBA and requested the OP to issue the

certificate and refund of the money.

There is no material on the record to show that the

complainant had obtained 50% SWAP in the 4 semesters

attended by her and for which she had been given the

examination. Therefore, there is no material on the record to

show that the complainant had become entitled to get any

certificate or diploma from the OP for completing her two

years course out of 3 years course. Onus to prove this fact

was on the complainant but the complainant has failed to

prove this issue. Even otherwise, we are of the considered

opinion that after attending the classes held by the OP for two

years, it did not lie in the mouth of the complainant to say in

the 3rd year that the quality of the education provided by the

OP was not upto the mark and had degraded. If this issue is

left to be decided by a student, then a hotchpotch like situation

will arise and the students would become judges/adjudicators

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to decide the fate of an educational institutio