Tribunals and Commissions(1997) 07 NCDRC CK 0020

DIRECTOR GENERAL OF INVESTIGATION And REGISTRATION vs DELHI INSTITUTE OF MANAGEMENT And SERVICES

National Consumer Disputes Redressal Commission · Decided on 11 July 1997 · Citation: 1998 2 CPJ 30

HON’BLE JUDGES
S.Chakravarthy , S.K.Parthasarathy J.
RESULT
Enquiry discharged

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Judgment

2 paragraphs · 376 words
1.

DELHI Institute of Management and Services (R-l) has furnished a fresh affidavit dated 9.7.1997 to the effect that it is admitting the unfair trade practices listed in the NOE. It has also undertaken not to repeat the alleged unfair trade practices as stated in its original application filed under Section 36D(2) of the Act.

2.

A Notice of Enquiry was issued on 21.1.1997 charging R-1 of having indulged in certain unfair trade practices mentioned therein. In particular the advertisement published in the Hindustan Times dated 18.6.1996 inviting students for enrolment stating that the PGDM and PGITM programmes of AIMA-CIME are recognised by the All India Council for Technical Education (R-2) is a misrepresentation. R-1 in its original application u/Section 36D(2) filed on 17.2.1997 has made an averment that it has stopped enrolment for the diploma and PG Diploma courses and has also undertaken not to conduct any educational courses leading to a diploma or a PG Diploma as objected to by the Director General in his application filed in this Commission u/Section 36B(c) of the Act dated 19.11.1996. Mr. C.M. Sharma, Advocate, for R-1 says that PGDM and PGITM Programmes of AIMA-CIME have been recognised by R-2 and in support of the same has filed the approval letter of R-2 dated 31.3.1994. It has been clarified during the arguments today from Mr. Sharma, Advocate for R-1 and Mr. S. Gupta, Attorney for the DG, that R-1 will not conduct the diploma courses or award diplomas for courses not approved by R-2. In view of the affidavit of R-1 dated 9.7.1997 read with the reply of the said respondent to the objections of the DG and read with the original Section 36D(2) application of R-1 filed in the Commission on 17.2.1997, we allow the prayer of R-1 and direct the discharge of the NOE. We further direct that R-1 shall abide by its undertaking given to the Commission of not conducting courses or award diplomas in respect of courses not approved by R-2. Any violation of this undertaking will be construed as a violation of the order of this Commission and will be dealt with accordingly. No order as to cost. The interim injunction order of date 28.11.1996 stands subsumed in the above directions. Enquiry discharged.