LAWS(NCD)-2005-12-55

VIKAS TANK Vs. INDO RUSSIAN ALUMNI

Decided On December 13, 2005
VIKAS TANK Appellant
V/S
INDO RUSSIAN ALUMNI Respondents

JUDGEMENT

(1.) THIS original petition has been filed by the complainant, Vikas Tank alleging deficiency of service on the part of the opposite party Indo Russian Alumni Educational Association, through its General Secretary, Mrs. Marina Dhawan. Brief facts of the case are.The opposite party Society which was registered in 1993, in terms of one of its objectives entered into an agreement with Russian Education Institute to provide education to the Indian youth. The society works on no profit no loss basis. In accordance with these objectives, the opposite party society entered into a memorandum of understanding with the Rostov State Medical University which authorised the opposite party to advertise, to select and to recommend eligible students from India for admission to a 7 years Medical Course of the said university for the academic year 1995-96.

(2.) THE Rostov State Medical University is approved for study by the Medical Council of India. In pursuance of the said understanding, the opposite party issued prospectus to the candidates indicating the terms and conditions on the basis of which their candidature would be considered for recommendation for admission. The services to be offered by the opposite party, the society, are enumerated at SI. No. 8 of the prospectus. A fee of Rs. 20,000 is to be charged for availing of these services. In short the services to be provided are to get firm admission letter from the University, arrange for visas and foreign exchange and accompany the selected students upto Rostov and look after them in the first few days till the students settled down. The complainant Vikas Tank is one such candidate, who has been selected in May, 1995.

(3.) AS against this the version of the opposite party is that on or before 12th July, 1997, when one late Dr. Dhawan, who was looking after the working of the opposite party visited Rostav Medical University and made inquiries about the progress of the recommended students, he was informed by the University that the complainant has not been attending the classes regularly and that he has also created problems to the students. It appears that the complainant also failed in the final examination of the first year Medical Course conducted in 1997. Therefore, vide a fax dated 20th September, 1997 Rostov Medical University informed the opposite party to the following effect: