IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present: Sri.K.Gopalan:            President

K.P.Preethakumari:                  Member

Smt.M.D.Jessy:                        Member

Dated this,  the  15^th  day of  December  2009

C.C.No.225/09

T.Preethi,

M.S.House(Sagar),

P.O.Azheekal                                                             :  Complainant

Kannur.

(Rep. by Adv.P.V.Abhayakumar)

Vs.

The Director,

‘WAKE’ Institute of Fashion Technology,                     : Opposite Parties:

Mascot Blue Moon, Near Kavitha Theater,

Kannur-1.

(Rep. by Adv.M.Kishore Kumar)

O R D E R

Smt.K.P.Preethakumarui, Member

This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite party to pay Rs.10000/- as compensation for the losses and mental pain caused due to non-issuance of course certificate in time with cost.

            The complainant’s case is that on 22.06.06, she joined to the course by name advanced diploma in fashion designing.  The opposite party promised that they will issue certificate, after the completion of the course and two month’s work experience.  The opposite party further assured that the complainant will get job in any of the outstanding textiles.  Moreover if the complainant had successfully completed the course she can apply for lateral entry test for the degree course in Fashion Designing. Within one year itself the complainant had completed her course successfully and the opposite party had made arrangements for work experience in Prem Durai Exports in Thirupur.  Complainant was forced to do work in that institution from 30.07.07 to 20.02.08, instead of 2 months and thereafter they assured that the institution will supply the certificate.  But all the efforts of the complainant for getting certificate from the opposite party are in vein.  So she had issued a lawyer notice.  But instead of issuing certificate the opposite party issued a reply notice stating untenable contentions.  But on 09.06.09, the opposite party issued the diploma certificate.  But within that time the opportunity of the complainant for lateral entry of the year to the course was expired and lost so many job opportunities also due to the deficient service of the opposite party.  Hence the complaint. 

Upon receiving the notice form the Forum the opposite party has appeared through Adv.M.Kishore Kumar.  But later on they became absent and hence was called absent and set ex parte.

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

The complainant has filed chief affidavit in lieu of chief examination and Exts.A1 to A3 are marked.

The affidavit was filed in tune with the pleadings.  Ext.A1 series are 7 in numbers and are the receipts issued by opposite party for the fees received by him.  A2 and A3 are the lawyer notice and reply notice.  Ext.A1 to A3 along with the chief affidavit proves the case of the complainant that opposite party has shown deficiency in awarding the diploma certificate in time.  But after issuing notice from the Forum opposite party had issued the certificate to the complainant.  In Ext.A3, the opposite party contented that the delay caused in issuing the certificate is due to the failure of the complainant in submitting the records with respect to the training.  But even though opposite party has received notice from the Forum, he has not turned up before the Forum to prove his contention. Moreover the non-appearance itself is a deficiency on the part of the opposite party and there is no contra evidence before us.  Considering the available evidence on record we are of the opinion that the  opposite party has shown deficiency in issuing the certificate within time for which he is liable to compensate the complainant.  The complainant has not produced any document before us to prove that she had incurred serious loss due to the deficiency of opposite party.  Anyway it is true that she has lost some opportunities for which we assess the amount of compensation as Rs.5000/- and Rs.500/- as cost of the complainant and the complainant is entitled to receive the same.

In the result, the complaint is allowed directing the opposite party to pay Rs.5000/- as compensation and Rs.500/- as cost to the complainant within one month from the date of receipt of the order, otherwise the complainant is at liberty to execute the order as per the provisions of the Act.

                  Sd/-                                       sd/-                              Sd/-

President                                  Member                       Member

APPENDIX

Exhibits for the complainant

A1.Cash receipts issued by OP

A2 & A3. Copy of the lawyer notice and reply notice

Exhibits for the opposite party: Nil

Witness examined for either side: Nil

                                                            /forwarded by order/

                                                            Senior Superintendent

Consumer Disputes Redressal Forum, Kannur.