Remedies under consumer protection act for Failure to disclose information in prospectus of educational institutions

 

Remedies under consumer protection act for Failure to disclose information in prospectus of educational institutions

Director, Vels Group of Maritime College v. Lovish Prakash

Guldcokar Revision Petition No. 1895/2018 (NCDRC).

 

Facts: The Vels Group of Maritime College was engaged in offering several

courses including Higher National Diploma in Nautical Science. The

Complainant took admission in the aforesaid course and completed the same

in 2005-2007. The grievance of the Complainant is that though the said

course had not been approved by the Government of India, the aforesaid

information was not disclosed in the prospectus issued by the petitioner.

Since on completion of the course, the Complainant did not get the

Continuous Discharge Certificate (CDC) from the Government, despite

having completed the above referred course, on account of the approval of

Director General of shipping having not been obtained by the Petitioner, he

approached the concerned District Forum by way of a consumer complaint,

seeking compensation etc. The contention of the Respondents is that the

Petitioner which took a preliminary objection is barred by limitation, and it

was also alleged that on completion of the course by the Complainant, he

was provided the requisite certificate namely Higher National Diploma in

Nautical Science (HND-NS). This was also the case of the Petitioner that

the aforesaid Diploma had been approved by Maritime Education Training

(VAMET) U.K. and the said information was duly disclosed in the prospectus.

The District Forum having allowed the complaint and having directed the

Petitioner to refund the amount of Rs. 8,50,000/- which the Complainant

had paid to it along with compensation quantified at Rs. 50,000/- and the

cost of litigation quantified at Rs. 20,000/-, the Petitioner approached the

concerned State Commission by way of an appeal. The said appeal also having been dismissed, the petitioner is before this Commission.

Issue: Whether the Petitioner is deficient in rendering the Service?

Decision: The National Commission observed that a correct and purposive

interpretation of the MS Notice Dt. 03/12/2003, it required not only to a

new course but also to a new batch of an existing course offered by a training institute should necessarily obtain the prior approval from the Director General of Shipping before commencement of the training courses. It also observed the reply given by the Government of India under Right to

Information Act, that No student, who has completed higher national

Diploma in Nautical Science from Vels College of Maritime Studies, Chennai

is entitled to get Indian CDC from your office, as Vels College of Marine

Studies Chennai has not obtain prior approval from the Director General of

Shipping before commencement of the training course affiliated to Foreign

marine Administration. As the Rule 5(4) of the Merchant Shipping

(Continuous Discharge Certificate-cum-Seafarer’s identity Document) Rules,

2001 lays down the procedure to obtain the Indian CDC which read as- A

citizen of India who is in possession of a valid certificateof competency

issued by any foreign nation is eligible to request for issue of a CDC. It is

therefore, evident that the Complainant was not entitled to get Indian CDC

from Directorate General of Shipping since no approval from the said

Directorate had been taken in respect of the batch in which admission was

taken by the Complainant. The national Commission dismissed the revision

petition of the Petitioner and held that the Petitioner was deficient rendering

services by not obtaining the prior approval of the Directorate General of

Shipping or at least by not disclosing MS Notice no. 27 dated 03.12.2003 in

the prospectus issued after 03.12.2003.