D.O.F. 21.03.2012

                                          D.O.O.  31.05.2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri.K.Gopalan                :         President

                                      Smt. K.P.Preethakumari:         Member

Smt.M.D.Jessy               :        Member

Dated this the 31^st  day of May, 2012.

C.C.No.92/2012

Sreekumar N.K.,

Nellikkunnil House,

Poovathur, Koodali P.O.,                                                :         Complainant

Kannur – 670 592.

B-Soft Networking Technologies,

Prestige Centre,

Sub-Registrar Office road,                                    :         Opposite Party

Kannur-2.

O R D E R

Smt. K.P. Preethakumari, Member.

This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite party to pay ` 1,00,000  as compensation.

          The case of the complainant is that he had joined for a package course including C.C.N.A., M.C.I.T.P. and C.C.N.P. in B-Soft Computer Centre on 13.11.2011.  The complainant had joined the course with a view to join for a job in a multinational company.  For the same job he was selected in an interview.  The administrator of the institution promised the complainant that the complainant will be permitted to complete the course within three months.  But surprisingly the course was not completed eventhough 4 months were elapsed.  They have not even completed the first course C.C.N.A. in the package and has not even started the other course.  The teachers in the institution behaved rudely towards the complainant when he had enquired about the same.  The same was informed to the M.D. and Administrator of the Institution.  But they are not ready to hear the words of the complainant.  The complainant has paid ` 8250 through instalment.  Due to default in conducting the classes, the complainant approached the opposite party for return of the amount.  But they were not ready to do so.    The complainant is the only one earning member of this family and due to the act of opposite party he was not able to complete the course and to joined for the selected job in gulf and hence he had suffered so much of mental, financial and physical hardships.  Hence this complaint.

          The opposite parties has received the notice issued by the Forum, but not entered appearance and hence they were called absent and set exparty.  

          The main points to be decided in the above case is whether there is any deficiency of service or unfair practice on the part of opposite party.

          The evidence in the above case consists of the affidavit filed by the complainant in lieu of chief examination and Exts. A1 to A1(4).

          The complaint filed chief affidavit in tune with his pleadings and produced five receipts through which he has paid `8250 towards fees to opposite party.  The affidavit along with Ext.A1 to A1(4) substantiate the case of the complainant that he had joined for the course and paid `8250 as fees.   The complainant contended that due to indifferent attitude of opposite party, he was not able to complete his course and thereby lost his job.  There is no contra evidence before us to disprove the contentions put forwarded by the complainant.  Moreover opposite party has not come before the Forum, which is itself is deficiency in service.  Regarding compensation, the complainant has not produced any evidence to the effect that he had selected for a job in gulf.  Anyway it is true that due to deficient service of 1^st opposite party he had suffered same hardships both mental, physical and financial for which we assess ` 2000 as compensation.   The opposite party is liable to refund the above said course fee of ` 8250 received by opposite party along with 1000 as cost of the proceedings and order passed accordingly.

          In the result complaint is allowed directing the opposite party to refund ` 8250 to the complainant along with ` 2000 as compensation and ` 1000 as cost of the proceedings within 30 days from the date of receipt of this order, otherwise the complainant is entitled to execute the order and opposite party is liable to pay 12% interest upon the entire amount ordered after expiry of 30 days from the date of order.

Dated this the 31^st day of May, 2012.

                        Sd/-                             Sd/-

            President                     Member                 

APPENDIX

Exhibits for the Complainant

A1 to A1 (4) :  Fees receipts.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for the opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT