Institute asked to compensate student for wrong prospectus

The National Consumer Disputes Redressal Commission (NCDRC) recently upheld the decision of the District Consumer Forum, Kota, and the subsequent decision of the State Commission, directing a private institute to pay Rs25,000 as compensation to a student.

The institute had sent her an outdated prospectus, which did not have the course details she had sought. This lapse led to her losing an entire academic year, for which the institute was directed to pay another Rs10,000 towards mental agony suffered.

Rekha Sharma complained that the institute had published an advertisement in a newspaper on June 5, 2009, inviting applications for admission to the M.P.Ed, (Master of Physical Education) course for 2009-2010. She sent a demand draft of Rs200 dated June 8, 2009, drawn on State Bank of India, for the application form.

The institute sent a prospectus but no information about the course was given. Treating this as an instance of false advertisement and an unfair business transaction of the institute, Sharma wrote a letter requesting for a refund of Rs275 (including postal costs), which was not made. Alleging she had lost an academic year in the process, she filed a consumer complaint with the District Forum.

Sharma submitted an affidavit supporting her claim, along with eight other pieces of evidence, to the district forum. The Institute contested the complaint by arguing that the M.P.Ed. course had begun that year and the new prospectus had been sent for printing. Therefore, the institute had sent her an old prospectus, which contained information about the M.P.Ed. course. The institute claimed that the complainant either had not seen or had misplaced the same. On receiving the letter from the complainant, a new prospectus had been sent, and thus no oversight on their part had been committed.

The institute failed to file any affidavits and the forum ordered it to compensate Sharma.