The ICFAI University vs Robin Jain

Judicial Analysis Court Copy Headnote Facts Arguments Court observation


The State Consumer Disputes Redressal Commission Union Territory,Chandigarh ,Plot No 5-B, Sector No 19B,Madhya Marg, Chandigarh-160 019
FIRST APPEAL NO. 38 of 2011

1. The ICFAI University Dehradun, Village Bhawala, Near Saila Khui, Industrial Area, Paonta Sahib Road, District Dehradun 2. ICFAI National College (INC) (now Adam Smith Institute of Management) Plot No. 11-12, Dainik Bhaskar Building, Sector 25-D, Chandigrh, through its Principal/Campus Head 3. Col. K.K. Sharma, Principal ICFAI National College (INC) (now Adam Smith Institute of Management), Plot No. 11-12, Dainik Bhaskar Building, Sector 25-D, Chandigarh 4. Shri Sukhwinder Singh Mann Assistant Manager (Development), ICFAI National College (INC) (now Adam Smith Institute of Management), Plot No. 11-12, Dainik Bhaskar Building, Sector 25-D, Chandigarh 5. Anjali Mahajan, Counselling Officer, ICFAI National College (INC) (now Adam Smith Institute of Management), Plot No. 11-12, Dainik Bhaskar Building, Sector 25-D, Chandigarh						...........Appellant(s)
Vs.
1. Robin Jain S/o Shri Suresh Kumar Jain r/o Colony No. 1, House No. 12, Guhla Cheeka, District Kaithal						...........Respondent(s)

For the Appellant :

Sh.Anand Chhibbar, Adv. for the appellants, Advocate for

For the Respondent :

Sh.Mohit Jaggi, Adv. for the respondent, Advocate

Dated : 29 Aug 2011

ORDER

Per Justice Sham Sunder , President

This order shall dispose of the aforesaid two appeals, arising out of the order dated 19.11.2010, rendered by the District Consumer Disputes Redressal Forum-II, U.T. Chandigarh (hereinafter to be referred as the District Forum only), vide which it accepted the complaint and directed the OPs as under ;

“The complaint is allowed with a direction to OP Nos.2 to 5 jointly and severally to refund the amount of Rs.3,85,000/- to the complainant alongwith interest @ 9% p.a. from the date of respective deposits. OPs No.2 to 5 are also directed to pay Rs.7000/- as costs of litigation to the complainant.

The order be complied with by OP Nos.2 to 5 jointly and severally within 45 days from the date of receipt of its certified copy, failing which OP Nos.2 to 5 shall be liable to refund Rs.3,85,000/- to the complainant alongwith penal interest @ 18% p.a. from the date of the respective deposits, till its realization besides costs of litigation.”

2. The facts, in brief, are that the complainant undertook the entrance test for admission to Master’s Business Administration(MBA). He received interview letters, from various institutes, including OP-2 (now appellant No.1 in Appeal No.38 of 2011). Allured by the false promises made by OP Nos.2 to 5 ( in the original complaint), that they were affiliated with ICFAI University, Dehradun and he would be given regular degree of the said University and that their institute was a study centre of OP NO.1/appellant No.1, having 100% placement, he chose to get admission, in their College, and deposited admission fee of Rs.15,000/- and Rs.3,85,000/- as course fee. It was stated that the complainant attended the classes in Sector 25, Chandigarh, for about 3 months and pre-MBA classes from 15.5.2008 to 30.6.2008. On 18/19.10.2008, all of a sudden, he was shocked to know that the name of the institute was changed from INC to INC Adam Smith. He also came to know, at that time, that the College was not affiliated with ICFAI University, Dehradun, but was affiliated with ICFAI University, Tripura, which was not disclosed to him, at the time of admission. It was further stated that the affiliation was subsequently changed to Sikkim Manipal University, and, thereafter, to Maharishi Dayanand University, Rohtak, within a year. It was further stated that the institute, which was providing academic support, had no right to change affiliation from one University to another, as it was only to provide academic support. It was further stated that in the prospectus for the year 2009, the O

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