DATE OF FILING : 19.1.2010.

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31^st day of March, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.12/2010

Between

Complainant : Rajesh Raman Pillai

Soorya,

Manakkadu P.O.,

Thodupuzha,

Idukki District.

(By Advs: K.R. Viswan & M.M. Lissy)

And

Opposite Party : Automation And Control Systems,

Plot No.144 A Sector 7,

PCNTDA, MIDC, Bhosari,

Pune, 411026,

Maharastra.

O R D E R

SRI.LAIJU RAMAKRISHANAN (PRESIDENT)
 

The petitioner was working abroad at Vietnam in an Oil Production Company. The petitioner needed a training in PLC to sharpen his skills and upgrade in the field of automation for promotion and better employment in the company. On enquiry with the opposite party it was informed that the opposite party is conducting active training in PLC for those who intended to improve and sharpen their skills and upgrade in automation at their Training Division at Pune. On contact the opposite party assured full training in PLC for 21 days with accommodation at Pune. The complainant opted to join the training which started on 3.9.2009 availing leave from the mother company on a condition that a valid certificate showing the completion of the PLC training will be produced on rejoining after completion of the training. Ii was further informed by the company that on failure of the production of the certificate the complainant will be terminated. The fee fixed for the training “TRD 21A” with single accommodation was Rs.44,000/-. The respondent directed that they are effecting their business service by accepting the payment through various branches on ICICI Bank throughout India. Hence the respondent accepted and directed the complainant to remit the fee at the ICICI Bank at Thodupuzha. So the payment was effected through Thodupuzha branch of the ICICI Bank on 27.7.2009 as directed by the opposite party. The said payment was accepted and acknowledged by the opposite party by e-mail. The training was started on 3.9.2009. But unfortunately, the opposite party without any prior notice stopped the training programme on 10.9.2009 and closed the institution. The complainant was forced to discontinue the training and vacated the room immediately and left back. The training was stopped as above and the complainant requested to his employer for further leave to complete the training afresh. But the company rejected the request and had terminated the complainant from the job due to non production of the training certificate within the stipulated period and also for misleading the mother company. Hence the complainant had requested the opposite party to return the amount received from the complainant. That was replied by the opposite party that the complainant can join the balance training course on 24^th September, 2009 or join any time for the last 9 months till May 2010. The complainant cannot accept it since the complainant has already lost his job because the complainant could not fulfil the direction of the mother company. The training of 7 days out of 21 days is an incomplete course, of no use and any worth. The complainant was accommodated by the opposite party in a single room for 9 days. The registered notice was issued to the opposite party on 31.10.2009 demanding the refund of the amount which is accepted by the opposite party. But no reply was sent, nor the amount is refunded till date. By the above action of the opposite party the complainant has already lost his job and income so the petition is filed for getting the fee paid by the complainant which is Rs.44,000/- and compensation for the loss of job which amount to Rs.6,00,000/-.
 

2. The opposite party was absent and called exparte.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PW1 and Exts.P1 to P10 marked on the side of the complainant.
 

5. The POINT :- The complaint is filed for getting reimbursement of the amount paid by the opposite party for a training in PLC offered by the opposite party because the opposite party cannot complete the training as offered. The complainant was working at Vietnam in an Oil Production company. For the promotion and better employment, PW1 needed a better training in PLC. The opposite party offered the same for 21 days at Pune which was called 'TRD 21A'. The complainant availed leave from his company for training and it was offered by the PW1 to the company that the certificate of the training will be produced after the leave. The fee for the training was paid through ICICI Bank, Thodupuzha Branch, as per the direction of the opposite party. Ext.P1 is the e-mail letter sent by PW1 to the opposite party stating joining of the training. Ext.P2 is the copy of the receipt issued from ICICI Bank, Thodupuzha Branch for the payment of Rs.44,000/- as fee for accommodation and training to the opposite party. The complainant joined the training on 3.9.2009 at the opposite party's office at Pune. The training was fixed for 21 days. Ext.P3 is the confirmation letter given by the opposite party to the complainant. Further communication for the training and the training were done by the complainant and opposite party through e-mail. Ext.P4 and Ext.P5 are the copies of the same. The opposite party offered accommodation to PW1 in their guest house for 9 days. Unfortunately without prior notice, the opposite party stopped the training programme on 10.9.2009 and closed the institution. So the complainant was forced to discontinue the training and vacated the room immediately. Because the train reservation was not availed, PW1 was constrained to take air ticket in King Fisher Airlines Ltd by paying an amount of Rs.4,580/-. Even though repeated request was done by the complainant to get back the amount paid by him, but the opposite party rejected the same and offered the balance training in a period between 24.9.2009 and May 2010. Job of the complainant has already lost because of the non-production of the training certificate and so the complainant is not in a condition to continue the training in the period prescribed by the opposite party. Ext.P7 is the letter written by the complainant to the opposite party for getting the refund of the amount . Ext.P9 is the e-mail copy of the Airline ticket for the return journey of the complainant.
 

The complainant paid Rs.44,000/- for the training offered by the opposite party for 21 days. The fee for the training was included accommodation charge for the period of training. 7 days training was completed by the complainant and he stayed for 9 days at Punae. Unfortunately the training was discontinued on 10.9.2009 and the complainant constrained to return in King Fisher Airlines Ltd by paying an amount of Rs.4,580/-. The complainant availed the leave by offering that he would produce the training certificate and it was not produced, so his job was also lost. Ext.P2, the receipt from the ICICI Bank, Thodupuzha branch shows that the complainant paid Rs.44,000/- for the training programme. The complainant also admitted that he had completed 7 days training at Pune. Ext.P6 is the e-mail sent by the complainant to the opposite party for getting back the amount paid by the complainant. The opposite party admitted that the termination of the training, but they offered the continuation of the training between the period 24.9.2009 to May 2010. But the complainant is not in a condition to participate in the training because of loss of job and the complainant caused a loss of Rs.6 lakhs because of the act of the opposite party, he lost the job because of the non-completion of the training. The complainant paid Rs.44,000/- for 21 days of training, but he has done only 7 days of training because the opposite party terminated the training. The accommodation given for the complainant by the opposite party was only for 9 days. So it is a gross deficiency in the part of the opposite party, they denied the balance amount to the complainant, because the complainant cannot complete the training further. Even though the opposite party terminated the training, the complainant already completed the 7 days of training. So we think that the balance amount must be given to the complainant. So we fix Rs.15,000/- for the fee for the training and accommodation for 9 days and the balance amount Rs.29,000/- as fee for balance training. The return journey of PW1 was in King Fisher Airlines Ltd., but the return journey was needed even after the completion of the training. There is no evidence produced by the complainant to show that he lost the job and a loss of Rs.6 lakhs was caused to him.

Hence the petition allowed. The opposite party is directed to pay Rs.29,000/- to the complainant as the repayment of the fee paid by the complainant as per Ext.P2 receipts and Rs.2,000/- as the cost of this petition within one month from receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 31^st day of March, 2010.

Sd/-

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

Sd/-

SMT. SHEELA JACOB (MEMBER)

Sd/-

SMT. BINDU SOMAN (MEMBER)
 

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Rajesh Raman Pillai.

On the side of the Opposite party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - The e-mail letter sent by the complainant to the opposite party dated 31.7.2009.

Ext.P2 - Copy of the cash receipt for Rs.44,000/- dated 29.7.2009, issued by the ICICI Bank, Thodupuzha Branch.

Ext.P3 - Copy of the letter issued by the opposite party to the complainant dated 29.7.2009.

Ext.P4 - Copy of the letter from the complainant to the opposite party dated 317.2009.

Ext.P5 - Copy of the letter from the complainant to the opposite party dated 12.9.2009.

Ext.P6 - Copy of the letter from the complainant to the opposite party dated 23.9.2009.

Ext.P7 - Copy of the letter from the complainant to the opposite party dated 31.10.2009.

Ext.P8 - Copy of the train ticket reservation slip booked by the complainant on 29.7.2009.

Ext.P9 - The e-mail copy of the Airline ticket for the return journey of the complainant.

Ext.P10 - The pay slip for the month of April, 2009 issued from the Administration Manager, 'Modec', towards the complainant.

On the side of the Opposite party :

Nil.