Haryana

Panchkula

CC/155/2018

MITALI GUPTA. - Complainant(s)

Versus

HAYES INSTITUDE OF HOTEL MANAGEMENT. - Opp.Party(s)

COMPLAINANT IN PERSON

26 Apr 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA

                                                       

Consumer Complaint No	:	155 of 2018
Date of Institution	:	30.08.2018
Date of Decision	:	26.04.2019

 

Mitali Gupta, aged 22 years, daughter of Sh. Rajiv Gupta, resident of House No.731, First Floor, Sector 25, Panchkula.                                                                                                                         ….Complainant

 

Versus

1. Hayes Institute of Hotel Management, Hotel ITC Bella Vista Campus, Ground Level, S.M-8, Sector 5, Panchkula (Haryana) through its authorized signatory/Director-cum-Principal.

 

2. 2^nd Address: Hayes Institute of Hotel Management, Hotel Marc Royale Campus, Zirakpur-Panchkula Road, Zirakpur (Punjab) through its authorized signatory/Director-cum-Principal

 

2. Vice-Principal, Hayes Institute of Hotel Management, Hotel ITC Bella Vista Campus, Ground Level, S.M-8, Sector 5, Panchkula (Haryana).

….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:              Mr.Satpal, President.

Dr. Pawan Kumar Saini, Member.

Dr.Sushma Garg, Member.

 

For the Parties:   Complainant in person. 

                        Mr. Vinish Singla, Advocate for OPs.

(Dr.Pawan Kumar Saini, Member)

1.     The brief facts of the present complaint are that the complainant wanted to make her career in the Hotel Industries through diploma in Hotel Management, therefore, she along with her father approached the OPs, who disclosed that the said course/diploma is for one year and on the basis of first come first serve basis and before admission the candidate has to submit the fitness certificate and further disclosed about the fee structure of the said course as Rs.1,10,000/-, which included the course fee, books, uniform and cutlery set etc. So, complainant was agreed to take admission with the OPs. The OPs further disclosed that the fee was to be paid by the complainant in installments till the completion of the course and the diploma certificate will only be issued to those candidates, who cleared the fee of the institute. The classes of the course starts from 09.08.2017 at Hotel Marc Royale, Zirakpur. As per the direction of the OPs the complainant booked/confirmed her seat in the said course after paying an amount of Rs.15000/- on 20.07.2017. Thereafter, the OPs written a letter of Induction to the complainant intimating the induction schedule and further directed to deposit an amount of Rs.8900/- on account of uniform and knives set and also Rs.500/- against application form & prospectus fee. On 09.08.2017, the complainant deposited the said amount and OPs directed the complainant to further deposit an amount of Rs.20,000/- till 20.08.2017 and accordingly complainant deposited the said amount. Further the complainant as per direction deposited an amount of Rs.15000/- on 14.09.2017 and 12.01.2018. As per the letter of induction issued by the OPs, the complainant was to follow a dress code for the said course which is to be provide by the OPs i.e. Black Trouser, White shirt and scarf, black closed shoes with 02 inches heel tip to be worn with black stockings. However, despite start of the said course the entire dress was to be given to the complainant even till 18.09.2017 and even the books/study material which were to be supplied by the OPs has not even been supplied to the complainant till January, 2018 i.e. by the time the complainant had deposited more than half of fees of the said course, which was  Rs.1,10,000/-. Thereafter, the training of the complainant started from 03.11.2017 to 06.01.2018 in which the complainant participated and thereafter, the complainant came to know that winter vacations of the institute had started from 07.01.2018 to 14.01.2018. Thereafter, when the complainant along with her father went to Taj Hotel to receive vocational training certificates from Taj Hotel, Chandigarh, but to the utter surprise and shock of the complainant when the officials of Taj Hotel said that the OPs already received the certificates. However, the OPs did not disclosed about the said fact or handed over the said certificate to the complainant and when the complainant inquired about the same they told the complainant till the remaining fees of the course is not cleared by the complainant, they will not issue the same to the complainant. The complainant disclosed that she had already paid all the course fee and remaining fee is pertaining to the uniform and books which the OPs has not supplied to the complainant till that date in spite of her number of request and even half of the session has already elapsed. Only the I-card to the complainant was provided which also bearing her wrong blood group in spite of the fact that the OPs are having medical certificate/fitness certificate in which her blood group was mentioned correctly. But when the complainant raised this issue, the OPs told that they have written the correct as A+, whereas, as per medical record the blood group of the complainant is AB+. Further stated that till January, 2018 only one practical test was conducted whereas, as per the course there was four practical tests as the said diploma is under F & B service, F & B Production, House Keeping, Front Office etc. Further, the OPs changed their office/institute from Marc Royale to Hotel Bella Vista Campus, Ground Level, S.M-8, Sector 5, Panchkula, but the OPs never disclosed about the said facts regarding change of place of institute and due to that reason the classes remained suspended for about 20 days. However, at the time of admission the OPs disclosed the Hotel as the college property. Thereafter, when the complainant raised these issue regarding non-providing of uniform and books/study material and then only on 16.01.2018, the OPs handed over the blazer to the complainant after the period when the cool sessions had expired which the complainant refused to receive as now  it has no use for the complainant and further directed the complainant to clear the remaining fee otherwise she will not be allowed to attend the classes, in spite of the fact that books/study material yet not provided by them.  Thereafter, the complainant and her father many times visited the OPs and requested to provide the study material, certificate issued by the Taj Hotel and they are ready to clear the remaining fee and till then the complainant be allowed to attend the classes, but they remained adamant and never allowed the complainant to attend her classes. Finding no option, the complainant got served a legal notice dated 19.01.2018 upon the OPs, which was duly served. But the OPs failed to comply with the said legal notice; this act and conduct of the Ops amount to deficiency in service on their part; hence, this complaint.

2.     Upon notice, the OPs have appeared to contest the complaint and have filed the written statement taking some preliminary objections that the complainant concealed and suppressed the material facts from this Forum; that this Forum does not have the territorial jurisdiction to entertain this dispute. It is stated that the complainant has failed to show on record any discrepancy in services and/or any unfair trade practice adopted by the OPs. It is submitted that in fact the complainant herself was disobedient and refused to abide by the rules and regulations of the institute. Since, hotel industry is all about presentation of oneself before the customer and giving good foods, but if the student is not ready to follow the grooming standards and discipline of the institute, this gives not only bad precedents for other students, but also would fetch bad name for the institute.

        On merits, it is stated that Ms. Mitali Gupta i.e. the complainant took admission in diploma of hospitality management course of Hayes Institute of Hotel Management for the session 2017-18. The course duration was of one year, which included the practical trainings, vocational trainings, classes. Her classes commenced from 09^th August, 2017. As per the fee circular, she was required to deposit her entire fees of Rs.1,10,000/- (Rs.1,30,000/- minus Rs.20,000/- scholarship given by the management for the promotion of girl students) at the outset at the time of admission. But however, a request was made from her parents to take the fees in installments which was accepted by the management and accordingly she was required to pay the entire fees in 4 installments commencing from 20^th July, 2017 and last on 5^th December 2017. However, she failed to deposit the said fees in time and despite repeated reminder to her, the balance amount of Rs.45,000/- still remains to be paid by her. It was made clear initially only that uniform fees shall be exclusive of fee charged and the same was accepted by the parents/guardian and complainant herself. The complainant deposited an amount of Rs.15,000/- on 10.11.2017 and not on 12.01.2018. It is submitted that as per the letter of Induction received by the complainant, it is clearly stated that uniform measurement of every student shall be held on the day of induction itself i.e. 09.08.2017 and it shall take one month for the uniforms to get stitched and ready. Thus, almost within a month’s time, the uniform was given to all students including the complainant. Further, the books etc. were also supplied immediately with the commencement of the course. It is stated that any student would get their certificates after the course is completed for whatever trainings they undergo during the diploma course. In the normal routine, the institute send their students to different hotel for their vocational training and in this particular case, she was sent to Hotel Taj at Chandigarh on the special request of her father. The thanks giving letter dated 27.10.2017 was written by her father to the OPs wherein he further requested to grant him more time for depositing the balance fees by 10.11.2017. It is stated that complainant blood group has been wrongly mentioned in her ID card, it is submitted that at the time of admissions all the students were asked to submit their medical fitness certificates which included the blood group also. However, the medical documents/certificate submitted by the complainant did not mention about her blood group and she was asked to submit the medical report in this respect. However, she verbally informed the management that her blood group is “A+” and the same got mentioned in her ID card. But later, she informed the management that her blood group was in fact “AB+” and requested for its change on the ID card. It was again intimated to her to submit her medical report in this regard so that necessary correction can be made on her ID card. However she submitted that medical certificate for her training in the Taj Hotel on 02.11.2017 and thereafter, she joined the vocation training and did not come to the institute. On opening day also after winter break i.e. on 15.01.2018, she was absent and on 16-19^th January, 2018 she has been misbehaving with the institute staff over issue of not wearing the proper uniform. All other students who were her batch mates have successfully completed the course and have now been well placed in jobs. The complainant had herself left the course in the middle and failed to complete all her trainings etc. with the institute. The OPs never claimed the property of Hotel Marc Royale situated in Zirakpur as their college property. Further, the premises of the college was shifted from Hotel Marc Royale to present Hotel Bella Vista on 25.09.2017 because owners of the Hotel Marc Royal lost some court case and the premises was ordered to be vacated by the court’s order. The OPs (being the tenant on the property) even challenged that order of vacation before the Hon’ble High Court but the same was rejected by the Hon’ble High Court. However, no student was made to suffer due to this shifting. The allegations that classes remained suspended for 20 days is absolutely false. It is submitted that the complainant was admittedly under the vocational training from 03.11.2017 to 06.01.2018 and there was a winter break from 07.01.2018 to 14.01.2018 and she was absent on opening day of college i.e. on 15.01.2018. Thus, on 16.01.2018, she was given her uniform blazer which she refused to wear in clear violation of rules and regulations of the institute. During the vocational training period i.e. from 03.11.2017 to 06.01.2018 the complainant was supposed to wear uniform of the Hotel Taj, Chandigarh and not the college uniform. Thus, the uniform blazer was given to her along with other students during peak season of winters when they first attended the college after their winter vacations. The complainant herself refused to abide by the rules of the institute. Despite several warnings and reminders given to her to wear the proper dress code in the class, she refused to abide by the same therefore, the management had to take disciplinary action against her by barring from attending the classes till she comes in proper uniform. However, instead of complying with the rules and regulations of the institute, the complainant left the course in the middle without completing the same. Thus, the complainant herself flouted the conditions of the Declaration Form dated 09.08.2017 submitted by her. It is stated that the complainant approached the local police station in Sector 5, Panchkula for registration of FIR against the OPs by filing a criminal complaint on 29.01.2018. However, when the case was presented by the OPs before the local police station, the police refused to register any FIR in this mater. It is stated that the OPs replied back the legal notice issued by the complainant. Despite repeated reminders she failed to deposit the balance amount of Rs.45,000/- towards the course fees. She had been allowed to attend all the classes and even the vocational training despite the fact she has not deposited the entire fees. Further, despite she not being in her proper uniform she was allowed to attend her classes on 16^th, 17^th and 18^th January 2018 with verbal warning and counseling but she became highly rude to the staff and refused to abide by the rules and regulations. She stopped attending the classes after 20^th January 2018 on her own. Thus, there is no deficiency in service on the part of the OPs and as such, the complaint of the complainant is liable to be dismissed with exemplary costs.

3.     In the replication filed by the complainant, she reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of the OPs.

4.     To prove her case, the complainant has tendered affidavit as Annexure CA along with documents Annexure C-1 to C-12 in evidence and closed the evidence by making a separate statement. On the other hand, the ld. counsel for the OPs tendered affidavit Annexure RA along with documents Annexure R-1 to R-12 and closed the evidence.  

5.     We have heard the complainant, learned counsel for the OPs and gone through the record minutely & carefully and also considered the written arguments submitted by both the parties.

        It is evident that the complainant took admission in Diploma of Hospitality Management course of Hayes Institute of Hotel Management for the session 2017-18. The course duration of the said course was of one year which included the practical trainings, vocational trainings, classes (both practical and theory) and the induction program of the said course was held on 09.08.2017 according to which, uniform measurements of every student was to be held on the day induction itself and uniforms were to be provided within a period of one month. It is not disputed that the complainant deposited an amount of Rs.65000/- with the OP till 10.11.2017 on account of admission fee and Rs.8900/- on account of uniform, knives set and Rs.500/- on account of application form fee.  It is beyond the pale of controversy that the total fee for the one year course was Rs.1,10,000/- out of which Rs.45,000 was balanced towards the complainant, when she left the institution. The complainant attended the institution of OPs w.e.f. 09.08.2017 till 19.01.2018 and during this period she also underwent the vocational training program w.e.f. 03.11.2017 to 06.01.2018 at Hotel Taj, Chandigarh. The complainant has alleged the unfair trade practices and deficiencies on the part of the OPs pertaining to the following services:-

1. Non-delivery of complete uniform till 16.01.2018.
2. Non-providing of books and study material.
3. Only one class practical in one subject was conducted instead of four.

        The complainant has alleged that she was compelled to leave the institution on 19^th January 2018 middle of the session on account of deficient services provided by the OPs and also the insistence of the OPs to make payment of balance payment. The complainant has prayed for the refund of Rs.74400/-. The complainant has also prayed for an amount of Rs.3,00,000/- on account of mental agony as also Rs.11,000/- as cost of litigation.

        On the other hand, the OPs have contested the claim of the complainant denying any deficiency on their part with regard to providing of uniform as well as books and study material. It has been alleged that as per letter of induction, issued before the commencement of the course by the OP to the complainant, it was stated that uniform stitching would take one month and accordingly, uniform was supplied to the complainant almost within a period of one month. It has been further alleged that the complainant herself left the institute in the middle of the course not on account of any deficiencies or unfair trade practices as alleged on the part of the OPs. It is alleged that the complainant failed to abide by the rules and regulations by the institute with regard to wearing of the uniform/dress and hence, she was issued the disciplinary letter Annexure R-8, asking her to tender the apology, with advice to follow the general standard of discipline. The ld. counsel for the OPs contended that the complainant was disobedient and refused the abide by rules and regulations of the institute. The ld. counsel contended that the complainant was sent to Hotel Taj, Chandigarh on the special request of her father and in this regard her father wrote a letter dated 27.10.2017 thanking for sending the complainant to Hotel Taj at Chandigarh for the vocational training as also requesting the OPs to grant to him further time till 10.11.2017 to deposit the balance fee. It is further contended that blood group as A+ was mentioned in ID of the complainant as per the information provided by her and the same was changed as AB+ immediately when she submitted the medical certificate for training in the Taj Hotel, Chandigarh on 02.11.2017. It is further contended that the complainant after undergoing the vocational training at Taj Hotel, Chandigarh refused to wear the proper uniform on 16.01.2018 and she misbehaved with the staff. In this regard the ld. counsel invited the attention of this Form towards the disciplinary letter Annexure R-8. Continuing the arguments, the ld. counsel asserted that as per the declaration form Annexure R-9 duly signed by the complainant as also by her mother, it was incumbent upon the student and trainees including the complainant to adhere to the rules and regulations with regard to wearing of uniform. The ld. counsel further asserted that as per said declaration form Annexure R-9 it was clear that in case any trainee discontinued the course or was dropped from the batch due to the non-payment of fees, the course fee already paid would not be refunded under any circumstances. The ld. counsel also relied upon the terms and condition as contained in application form Annexure R-2 vide which it was made clear that fees once deposit are not refundable in any circumstances. The ld. counsel invited our attention towards further clause of this application form Annexure R-2 whereby the complainant and her parents had agreed to follow the rules and regulations. With regard to the change of the institute from the premises of hotel Marc Royale, Zirakpur to Hotel Bella Vista, Sector 5, Panchkula, the ld. counsel refuted the contention of the complainant that there was break of 20 days in the session. The ld. counsel stated that the OPs had to shift the hotel Bella Vista on account of some court’s order and there was break of only 2 days as is evident from the copy of attendance register Annexure R-7.  Concluding the arguments, the ld. counsel placed reliance upon the law laid down by Hon’ble Supreme Court in cases titled as Maharshi Dayanand University Vs. Surjeet Kaur, in Civil Appeal No.6807 of 2008, decided on July 19, 2010 & P.T.Koshi and Ors. Vs. Ellen Charitable Trust and Ors. in Special Leave to Appeal (Civil) No.22532 of 2012, decided on 09.08.2012.

6.     After hearing the ld. counsel for the complainant as well as the ld. counsel for the OPs and perusing the entire record available on the file we find that the complainant left the institution of OPs in the midsession on 20^th January 2018. As per the version of the complainant she had left the institution on account of compelling circumstances created by the OPs institution as they had failed to provide her the uniform, books and study material etc. On the other hand as mentioned in forgoing paragraphs the OPs have alleged that  the complainant had left the institute at her own level as she failed to abide by the rules and regulations of the institution with regard to wearing of the uniform. In this regard, a disciplinary letter 20.01.2018 Annexure R-8 issued by the OPs to the complainant asking her to tender an apology is of an utmost importance, which in our considered opinion would unravel the truth in the matter. The relevant part of the said letter Annexure R-8 is reproduced as under:-

“Dtd.20^th Jan.18

Ms. Mitali Gupta

Batch:001/17                      Disciplinary Letter

Dr. Ms. Mitali Gupta,

This disciplinary letter is issued to you for the following defaults that have been observed in your department since 16^th Jan 2018.

1. XXXXXXX
2. You were handed-over your Uniform’s Coat on 16^th Jan.18 by student Welfare Manager and advised to wear the complete Uniform. However, you remarked that would not wear the coat and your Mother would speak to her.
3. On 18^th Jan.2018 observing the fact that you were not reporting in proper uniform, the Student Welfare Manager again counseled you to come in proper uniform. To this, again your reply was same (as given on 16^th Jan.18).
4. On 19^th Jan.18, the Vice Principal again counseled you to be in Proper Uniform but, you again remarked that you would not wear the coat.
5. You were absent from the sessions on 20^th Jan.18.
6. Your fees are also outstanding since dtd. 5^th Oct. 17. This extension of date was honoured by management on your request vide application dtd. 27^th Oct.17.

Such acts not only are of grave concern about your indisciplinary approach but, also depict the repeated instances of being rude and humiliating towards your faculty and administrative staff. Your are hereby informed to render an apology for these instances and also advised to kindly follow the general standards of discipline.

Regards

Authorized signatory

Mr.Hitesh Khullar

Vice Principal

Hayes IHMAs she refused to sign this letter. The letter has                                                                       been posted to her address on 20^th Jan. 18”

 

        The complainant has not controverted the facts as contained in the above letter and neither she has filed any reply rebutting the version of the OPs; rather, she has admitted in Para 12 of the complaint that she refused to receive the dress on the ground that winter season had already expired. We find no force in the version of the complainant as her refusal to wear the uniform was contrary to the clause No.22 of the declaration form Annexure R-9, which states that any trainee not properly groomed and dressed will not be allowed to sit in the sessions. Moreover, it cannot be said that winter session was over by the mid of January. The complainant’s  another plea on account of which she left the institute is that the institution had asked her to making balance payment. In this regard we find that an amount of Rs. 45,000/- was still payable by the complainant. We find that the complainant’s father vide his application/letter dated 27.10.2017 Annexure R-5 has requested the OPs to permit him to pay the fees up to 10^th Nov. 2017. As per fee installation plan Annexure R-3, the 3^rd installment was payable upto 5^th December 2017 and thus, the plea of the complainant that she was not allowed to join the classes after 19 Jan. 18 on account of nonpayment of the fees is completely devoid of any merit and hence, not tenable. Further, we find that the complainant and her parents had undertaken to follow all the rules and regulations of the OPs by making declaration in this behalf as is evident from application form Annexure R-2. In view of the aforesaid discussion, we may safely conclude that no lapse and deficiency can be attributed on the part of the OPs as alleged by the complainant that she was compelled by the OPs to leave the course in midsession.  

7.     Now, coming to the deficiencies as pointed out by the complainant with regard to non-providing of uniform/dress, study material etc. we find that as per the induction program dated 09.08.2017 appended with Annexure C-10, complete dress was to be provided to the complainant within a month; but, admittedly, the same was not provided within the prescribed time; thus, there was delay in providing the dress to the complainant. Further, the blazer and Neckar scarf was provided on 16.01.2018 i.e. after a delay of about four months. We do not agree with the contention of the OP that blazer and Neckar scarf was required only in the winter season and that the complainant was not required to wear the blazer and Neckar scarf during her vocational training at the hotel Taj.  As per industrial Training Information Sheet Annexure C-12 the complainant had to wear the uniform of the institute during her vocational training. Thus, we find clear lapse and deficiencies on the part of the OPs while not providing the complete dress to the complainant as per condition of the induction letter.

        Further, it is an admitted fact that said diploma course was comprised of four subjects, namely, front office operation, Housekeeping operation, service in F & B operation and art and science of culinary. It is the consistent, specific and categorical version of the complainant that she was provided only one book in one subject of Front Office Operation. The OPs have not adduced any evidence on record rebutting the consistent, specific and categorical version of the complainant with regard to non furnishing of three books and study material and thus, we find the OPs deficient while not

 

 

providing the books and study material in 3 subjects except the front office operation.

8.     The complainant has alleged that OPs had to provide the practical experience/training also in addition to theory classes during the diploma course. In this regard we find clear recitals which is follows:-

“We provide our students an excellent blend of theory and practical trainings, which is totally unique, exclusive and unparallel in the entire region”

 

        We find no rebuttal on the part of the OPs with regard to the version of the complainant that she was provided practical training only in one subject whereas the OPs had to conduct one practical test in all 04 subjects. Therefore, we may conclude that OPs had been deficient while not providing the practical training to its student including the complainant in addition to theory classes. With regard to non-providing of vocational training certificate to the complainant we agree with the contention of the OPs that the vocational training was part of the one year integrated diploma course; hence, the complainant is not entitled to the vocational training certificate issued by Taj Hotel. Further, we find no force in the contention of the complainant with regard to wrong mentioning of her HB as the OPs had immediately corrected her identity card by mentioning the correct HB when the complainant provided the medical certificate. The allegation of the complainant with regard to loss of study of 20 days during the shifting of the institute from Hotel Marc Royal to Bella Vista also stands negated in view of the attendance registered Annexure C-7 which make it evident that the institute remained closed for 2 days only when the institute was shifted.

9.     In view of the aforesaid discussion we may safely, conclude with a reasonable degree of certainty that there has been lapse and deficiency on the part of the OPs while not providing the uniform, books/study material and practical training to the complainant; hence, the complainant is entitled to be compensated.

10.    Regarding the quantum of compensation, it is well settled law that a consumer is to be compensated only to the extent of actual loss suffered by him/her and that the principle of awarding the just and reasonable compensation is based on the maxim “estitutio in integrum that is, the claimant must receive sum of money which would put him/her in the same position as he would have been if he had not sustained the wrong”. In the present case, we find that the complainant has deposited an amount of Rs.65,000 as fee. She has availed the services of the OPs for a period of about 06 months. In the facts and circumstances of the present case, we are of the considered view that the ends of justice would be met if half of the deposited amount i.e. Rs.65,000/- is ordered to be refunded to the complainant.

11.    As a sequel to above discussion, we partly allow the present complaint against OPs with the following directions:-

1. That the OPs shall refund the amount of Rs.32,500/- to the complainant.

 

2. That the OPs shall pay lump sum amount of Rs.10,000/- to the complainant on account of mental agony, harassment and as litigation charges.

12.    The OPs shall comply with the order within a period of 30 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Forum for initiation of proceedings under Section 25 and 27 of CP Act, against the OPs. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

 

Announced

26.04.2019    Dr.Sushma Garg   Dr. Pawan Kumar Saini           Satpal

                            Member              Member                              President

Note: Each and every page of this order has been duly signed by me.

 

                                   Dr. Pawan Kumar Saini

                                         Member