news details |
|
|
| SCPF holds unrecognized institutions guilty of unfair trade practices | | | Early Times Reporter
Jammu | Mar 25
In a significant judgment, the Consumer Protection Forum today held unrecognized educational institution, imparting various educational courses, guilty of unfair trade practices.
The observations were made by the state commission, comprising Justice (Retd) GD Sharma as president and Khalid Hussain as member, in an appeal filed by Mansoor Ahmed and others versus Dr PC Memorial Institute of Para Medical Science against an order passed by the Divisional Consumer Forum.
After hearing council for the appellant, Advocate Firdous A Tak and going through the record, the Commission observed that the educational institution, 'which starts imparting education without getting affiliation number from the university or in the present case from Medical Faculty of the state government prima-facie can be held guilty for carrying on unfair trade and practices".
The Forum further observed, "It has to be born in mind that primary function of the Forum created under Jammu and Kashmir Consumer Protection Act is to provide speedy and cheap justice to a bonafide consumer without strictly observing the rules and Evidence Act or Civil Procedure Court".
The only requirement is to observe the rules of natural justice, the Forum held adding that the nature of the proceedings is of inquisitional in nature.
Setting aside the order impugned, wherein the Divisional Forum had dismissed the complaint at the preliminary stage, the State Forum held that the case can be decided by affording opportunity to the parties to lead evidence. "We find legal force in the submissions made by F A Tak Advocate for the appellant and we therefore accept the appeal and set aside the order impugned. The forum is directed to afford the opportunity to the parties to lead evidence and give a fresh finding in the factual and legal aspects of the matter in dispute".
It was further observed that the appellant, who are students, have filed the compliant in the year 2003 and after the lapse of more than five years they are at the thresh hold of proceedings. Keeping in view this aspect the Divisional forum was directed to dispose off the matter at the earliest, "preferably within six months from the receipt of the record".
As per the appellant they were admitted in Dr PC Memorial Institute of Para medical Science for undergoing Dental Assistant course in the year 2001. The appellant, three in number, deposited an amount of Rs 15000/- each as requisite fee.
They prayed that the institute was to conduct the first semester examination for the course after nine months but despite the lapse of more than fifteen months the examination were not conducted. It was further claimed that it was only due to the intervention of the state government that the appellant were shifted to AMT School Jammu for the training.
The appellant in their compliant have further alleged that one of them, Parvaiz Ahmed, was not eligible for the said course as having passed 10+2 examination with Arts stream. However, the institute took rupees fifteen thousands from him despite knowing that he was not eligible for the course. They claimed that on the failure of the management to conduct the examination in time, they demanded back their fee but the respondents categorically refused to pay the same. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
