A.K.UMMAT vs BARINDER PAL SINGH

THE Consumer Disputes Redressal Forum-II, Union Territory, Chandigarh ordered on 18.9.1997 refund of Rs. 28,700/- to the complainant and it was to be made within one month by the Managing Director, Aptech Computer Education, Sector 34-A, Chandigarh. Besides this interest was also awarded @ 12% per annum from the date of institution of the complaint till realisation. Aggrieved against it the Managing Director of Aptech Computer Education, Chandigarh has attempted the present appeal.

THE main grievance of the complainant had been that he joined the institution run by the appellant in October, 1991 for Master in Software Engineering course. At the time of admission he was given to understand that the programme of the above institution will lead to Master in Software Engineering Degree and it shall be issued to him by Apple Industries. However, during the pendency of the course the appellant changed the degree course into a diploma course which too was not recognised by any University. This unilateral change was obviously against the interest and career of the respondent. THE huge collection made from the complainant by the Director of Aptech Computer Education was a kind of unfair practice and deficiency. THE master''s degree programme was down-graded to diploma course and no notice thereof was given to the students including respondent for this down-grading. THE Apple Industries was one of the well known institution and the Aptech was no match for it. It is also on record that the complainant made efforts to resolve the dispute and he met the authorities concerned for the relief but he could not succeed. The complainant brought on record his affidavit dated 7.1.1997 by way of evidence and the important paras 2 to 7 thereof are reproduced as under: 2. That I was admitted to the Three Years MSE (Master of Software Engineering) course and was given to understand that this programme will lead to Master in Software Engineering degree and the certificate will be issued by the Apple Industries Limited. 3. That the course was changed from MSE to MDSE (Master''s Diploma in Software Engineering) during the said period without any intimation to me.

That the name of the institution was changed from Apple Computer Education to Aptech Computer Education simultaneously.

THAT the respondent was using the title Apple Computer Education without any proper authority. That the name of the institution was changed from Apple to Aptech as a result of Supreme Court judgment. 7.I have paid Rs. 28,700/- as fee to Aptech (28,450 fees + 250 security)". 4. Though the respondent filed the counter- affidavit but it has failed to contradict the material points brought on record by the complainant. It cannot be denied that the documents which are placed on record show that the course was for M.S.E. (Master in Software Engineering). Appraisal report, R-I shows that the course was for M.S.E. After completion of the course this student has not been given any such degree from the Apple Industries with affiliation to U.K. The District Forum-II thus on the basis of the affidavit as well as documentary evidence rightly held that the plea of the complainant had merit and he is entitled to the relief sought for. In view of the details referred to above, the complainant is entitled to refund of Rs. 28,700/- together with interest @ 12% per annum from the date of the complaint till payment and the appeal is dismissed accordingly. Appeal dismissed.