Sri Partha Kumar Basu, Hon’ble Member:

The petitioner files this complaint u/s 35 of the Consumer Protection Act,2019 against the OP organization (OP1) under Banking sector and their Directors (OP2) alleging unfair trade practices by running unapproved courses with a prayer for refund of course fees of Rs 4,02,500/-, compensation for Rs. 12,00,000/- for mental agony & harassment alongwith a cost for Rs.20,000/-.

The case of the complainant as averred in the complaint petition is that the complainant being a student of graduation in engineering belonging from a middle class family approached Bandhan Bank who introduced a 1year course namely “Bandhan Next Gen Course” through their management school namely ‘Bandhan School of Management’ comprising 9month on theoretical training and balance 3 months for internship at Bandhan Bank. It is the case of the complainant that the OP Bandhan Bank Ltd. hosted the said course under the name and style of “Next Gen Banking Programme“ at their official website at www.bandhanbank.com and being allured with that the complainant applied for the same andgot selected by the OP bank through written test and personal interview which was communicated to him by OP bank through their letter dated 26.05.2017. The complainant alleged that the OPs during counseling and admission process in the said Programme depicted rosy pictures with false verbal promises about the said course on it’s high valuation and certification. A course fee of Rs.4,02,500/- was determined for the said curriculum and believing in the promise of the OPs, the complainant paid Rs.2,50,000/- by two cheques dated 08.05.2027 to receive a letter of admission under ref. no. BBL/HR/4226 /2017-18 dated 26.05.2017 alongwith a money receipt dated 08.05.2017. The complainant paid balance of the course fee for Rs.1,52,000/-by cheque dated 09.10.2017 thereby making full payment of the course fee. After completion of the 9 months’ class room training on 22.02.2018on the theoretical part, the OP Bank issued a letter of Internship in favour of the complainant with a postingat the Mal Bazar branch as an intern w.e.f. 01.03.2018 with a further prospect for appointment as an employee of the Bank as Assistant Manager from 28.06.2018 in line with clause no.5(b) of the Admission Letter. Thereafter it was discovered by the complainant that the said course is neither affiliated to any university nor enlisted as approved course of UGC or any other competent authority. The complainant contended that as the course of the OPs is not approved by any statutory body hence it has no market value in the competitive scenario or at any other organization for the purpose of employment or pursuing higher education. Though the complainant articulated his grievances to various levels of management at the OP bank namely Bandhan School of Development and Management but of no avail. The complainant states that thus he got trapped in the false promise of a bright future as advanced by the deceptive advertisement of the OPs by getting lured which ultimately pushed his career to suffer apart from wasting money for an amount of Rs.4, 02,500/- for joining a non-accredited course. It is also alleged that the OP has not secured any affiliation of the course at any University / Deemed University of the country so far. The complainant further alleged that after completion of the course, though employment was offered by OP bank which he accepted and joined but failed to move on to any other better organization for career advancement. Thereafter the complainant got transferred by the OP Bank, which he requested for cancellation on health ground of his spouse but the same was turned down due to which he was compelled to resign. Hence the case. The complainant filed the instant complaint petition u/s 35 of C. P. Act, 2019 for a direction on the OP for a compensation and refund of the course fee. The complainant also prayed for handing over a course completion certificate which is properly affiliated from a recognized university.

The case has been running ex-party against the OPs as per Order no.7 Dated 29^th June, 2022 of this commission as they did not appear or file written version. The case of the complainant was part heard on 27^th April 2023 when complainant filed BNA. Thereafter, the complainant took no steps and was found absent repeatedly on 19^th June, 2023, 27^th Sept., 2023, 6^th October, 2023, 10^th November, 2023 and latest on 5^th January, 2024.

As the complainant remained absent, hence the complaint case was perused with available records and documents and was considered for a final order. For the sake of convenience, the parties hereinafter are referred as arrayed in the complaint petition.

From the mail dated 27.04.2017 of the Bandhan Bank addressed to the complainant for the course namely “Next Gen Bankers Programme” it was communicated that the complainant has been short listed for the said course to be held at Bandhan School of Development and Management(BSDM) at Rajpur Kalitala, Kolkata-700149 (Pg.11/12). As per mail dated 04.05.2017 the OP intimated the complainant getting selected for enrollment in that course with a direction to attend the counseling session against a course fee of Rs.4,02,500/- including service tax. A loan facility for Rs.3,77.500/- was also offered by the OP Bank to the complainant (Pg.13- 17) which he availed.  The OP Bank communicated vide e-mail dated 12.05.2017 about enrolment of the candidate in the 2^nd batch of the said program which commenced on 29.05.2017 (Pg.18/19). A letter of admission dated 26.05.2017was issued (Pg.20) by OP bank to the applicant / complainant with a promise to appoint him in the grade of Assistant Manager with a CTC of Rs.3,21,131/- per annum subject to successful completion of the course. In support of his case, the complainant filed receipt of Rs.2,50,500/- dated 08.05.2017 and 09.10.2017 (Pg.21/22). Internship Letter was issued on 22.02.2018 by the OP Bank in favour of the complainant for a stipend of Rs.10,000/- per month. From the certificate (undated) issued by the OP Bank in favour of the complainant it appears that the same was issued for successful completion of the certificate course by the complainant for the said ‘Bandhan Nex. Gen.Bankers Course’ for the period 29.05.2017 to 28.05.2018 wherein the candidate was placed in “Grade-A”.

To determine maintainability of the instant case apparently on the issue of ‘Education” it is the settled principle of law that in the case titled Manu Solanki and Ors.VsVinayaka Mission University I (2020) CPJ 210 (NC), while addressing the issue whether an Educational Institution is a 'Service Provider' for the purpose of Consumer Protection Act, 1986, the larger Bench of Hon’ble NCDRC Commission held that : -

“It is settled law, as stated in the aforementioned precedents set by the Hon'ble Supreme Court as well as this Commission, that Educational Institutions do not fall within the ambit of the Consumer Protection Act, 1986  and not a "service" within the meaning of the Consumer Protection Act, 1986.Therefore, the Complainant is not a consumer and the Complaint not being covered under the Consumer Protection Act, 1986."

From the contents and context of the case as advanced by the Ld. Advocate of the complainant read with all the records, it is conspicuous that this case is all about imparting ‘education’ by an organization. But though Education is not a commodity and students taking education can’t be said to be a consumer but the case in hand falls under exception as it is related to ‘coaching centre’ with specific promises on coaching the students with job promise as prospective employee of the OP organization. From the elements present in the instant case and upon perusal it is found that the complainant is falling under the definition of ‘consumer’ in the Consumer Protection Act 2019.In view of the foregoing discussion and considering that the OP bank engaged in coaching selected persons, we are of the considered opinion that the OP organization is rendering coaching and will therefore be covered under the provisions of the Consumer Protection Act’2019.

Now going into the merit of the instant case in hand and after thorough scrutiny of all the exhibited documents it is observed that there is no cogent proof that the complainant could made available wherein there is any element of false or unfulfilled promise by the OP organization. In fact it is the admitted position of the complainant that he availed all the opportunities like training, internship and appointment as regular employee as offered by the OP in their various communications and no deficiency could he point out as such. At the four corners of the exhibits, nowhere there is any existence of any claim by the OP about any offer of accredited course. This is all about a certificate course for industry development on in-house basis. Rather the complainant accepted the offer to undergo the said course and subsequently accepted the offer of employment as well, on his own will and was being governed by the ‘service condition’ of the employer. So it is the case thereafter, about a ‘contract of service’ and not a case of ‘contract for service’ wherein the complainant is governed by service condition of his employer. The complainant has availed all the curriculum as per the offer letter of the said course and accepted the employment offer thereafter from which he resigned for own reasons and hence no deficiency in services by the OP could be established by him.

ORDER

In view of the foregoing discussions and observations, the complaint does not succeed. Hence the case be and the same is dismissed as not proved.

There will be no order as to costs.

Copy of this order may be provided free of cost to the parties as per CPR.

  Dictated and corrected by me.