PER DR. (MRS.) MADANJIT KAUR SAHOTA, MEMBER

              By this common order, we are disposing of another connected Complaint bearing CC No. 181 of 2010– Surbhi Mehta Vs. Avalon Aviation Academy & Anr., as both are having same controversy as well as similar question of facts and law.

2.             The facts are being taken from the present Complaint Case No.180 of 2010– Karamjit Kaur Vs. Avalon Aviation Academy & Anr.

3.             Concisely put, allured by the rosy pictures portrayed by the OPs in their advertisements, the Complainant approached the OP for providing aviation training. The total fee for the course was Rs.1,05,422/-, which was to be paid in installments as per schedule Annexure C-2. As a sequel thereto, the Complainant regularly deposited amounts, as per the schedule, copies of the receipts to that effect are at Annexures C-3, C-5 and C-7A-G (colly) respectively. Her contention was that the OPs were to provide placement within stipulated period of one year after the successful completion of the course, failing which they would refund 50% of the course fee (exclusive of the service tax). It was alleged that in order to save their skin and to avoid the refund, the OPs made the Complainant, along with the other students to sign one general terms and conditions. It was further alleged that the OPs did not issue Diplomas after the completion of the training to the Complainant; forced the Complainant to sign the declaration-cum-terms & conditions after the completion of the course, sending the Complainant on fake interview and to the height of highhandedness, did not refund the 50% of the fee, as promised. Hence, this Consumer Complaint has been instituted before this Forum. 

4.             Notice of the complaint was sent to OPs seeking their version of the case.

5.             OPs in their joint reply pleaded that they had entered into an agreement (Annexure R-1) with M/s Skypenet India, SCO No.118-120, Sector 34-A, Chandigarh for providing training in Aviation, which in turn advertised the courses as per Annexure C-1. It was denied that no schedule of payment was ever issued. It was admitted that 50% fee would be refunded, if the candidates could not get the placement within one year after the completion of the course. However, receipt of payments from the Complainant has been denied. The Complainant had signed the said terms & conditions without any pressure and coercion etc. The Complainant had never approached the OPs for refund of 50% course fee through oral or written request. The amount, if any, was paid to the Skypenet India by the Complainant. It was asserted that certificate had already been dispatched to the Complainant through the said Skypenet India. The OPs were still ready and willing to issue duplicate certificate on applying by the Complainant with the OPs. All other material contentions of the complaint are controverted. Pleading that there was no deficiency in service on his part, OP No.1 prayed for dismissal of the complaint.

6.             Parties led evidence in support of their contentions. 

7.             We have heard the learned Counsel for the parties and have also perused the record carefully.

8.             The main grouse of the complainant is with regard to the refund of 50% of the fee as well as non-issuance of Diploma certificates after the completion of the training.  Her contention is that as per the brochure Annexure C-1, the OPs were to train them and place them or to refund 50% of the fees. Annexure C-3 dated 23.07.2007, Annexure C-5 dated 13.09.2007, Annexure C-7A-G and Annexure C-8 are the receipts/documents which shows that a total sum of Rs.1,05,422/- were charged by the OPs from the complainant towards the said training/course as a necessary fulfillment of employment. Annexure C-6 dated 20.09.2007 is the copy of the letter sent to the complainant by the OPs which also shows that her registration/enrollment was done with the OPs academy through the placement guarantee or 50% fee refund scheme.

9.             On the other hand, it has been admitted by the OPs that 50% fee was to be refunded, if the candidate could not get the placement within one year after completing the course.  Their contention is that the complainant never approached them for refund of the same and also the amount, if any, was actually paid by the complainant to M/s Skypenet India and not to them. They further contended that they had entered into an agreement Annexure R-1 dated 30.07.2007 with M/s Skypenet India, SCO No.118-120, Sector 34-A, Chandigarh for providing training in Aviation, who in turn advertised the course as per Annexure C-1.

10.           The contentions of the OPs are not believable, as perusal of the records placed on file proves that the complainant was directly in contact with the OPs instead of M/s Skypenet.  Annexure C-1 which is the copy of the brochure bears the name of the OPs on it.  All the payments made by the complainant towards the said training, as per Annexure C-3 dated 23.07.2007, Annexure C-5 dated 13.09.2007, Annexure C-7A-G and Annexure C-8 for a total sum of Rs. 1,01,033/, clearly shows that the payments have been received directly by the OPs and not by M/s Skypenet. Registration certificate Annexure C-6 dated 20.09.2007 proves that the information regarding enrollment of the complainant through the placement guarantee or 50% fee refund scheme in their academy was intimated to her by the OPs. Further, the identity card, Annexure C-4 has been issued by the OPs. Even the certificate of successful completion of internship of the complainant Annexure C-10 for the period from 18.12.2007 to 12.01.2008 has been signed and issued by the Centre Director of the OPs but the purpose for which the amount was given was not satisfied by the OPs. 

11.           The other contention of the OPs that they had entered into an agreement Annexure R-1 dated 30.07.2007 with M/s Skypenet India, SCO No.118-120, Sector 34-A, Chandigarh, for providing training in Aviation, which in turn advertised the course as per Annexure C-1 has no relevance with regard to the refund of 50% of the fees to the complainant.  The complainant was not having any direct contact/agreement with M/s Skypenet India, SCO No.118-120, Sector 34-A, Chandigarh but with the OPs; therefore, this ground of the OPs stands no where to give any strength to their case.  In our view, it appears that  the OPs in the name of training and placement have allured and trapped the complainant in their net in order to make quick and easy money through flashy advertisements of bright future and their placement, which is a clear indicator  that the OPs were adopting unfair trade practice, thereby spoiling around two years of valuable career of the complainant, as after completing the said training, she was without its certificate.

12.           The facts and circumstances of the case beyond doubt prove that the promise of the OPs to perform certain services towards the complainant, were not fulfilled by them.  On the other hand they had not refunded the 50% fees to the complainant inspite of repeated requests and visits of the complainant to the OPs.  Therefore, we are of the opinion that the Complainant has sufficiently proved her case by way of documentary evidence on record. In view of the facts and circumstances of the case placed before us, we are of the opinion that the complaint must succeed and is accordingly allowed. The OPs are directed to refund to the complainant (Rs.1,01,033 - 50%) = Rs.50,516.50p i.e. 50% of the course fees and also to issue the Diploma Certificate in dispute. The OPs shall also pay to the complainant Rs.50,000/- as compensation  for causing her mental and physical harassment. The order shall be complied with by the OPs, within 30 days from the date of receipt of the copy of the order, failing which they would be liable to pay the same along with penal interest @12 % per annum from the date of filing of the present complaint i.e. 11.03.2010, till the payment is actually made to the complainant.

Consumer Complaint No.181 of 2010

13.           The OPs are directed to refund to the complainant the amount of (Rs.1,12,105 - 50%) = Rs.56052.50p of the course fees and also to issue the Diploma Certificate alongwith swimming certificate in dispute. The OPs shall also pay to the complainant Rs.50,000/- as compensation  for causing her mental and physical harassment within 30 days from the date of receipt of the copy of the order, failing which they would be liable to pay the same along with penal interest @12 % per annum from the date of filing of the present complaint i.e. 17.03.2010, till the payment is actually made to the complainant.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.