Tamil Nadu

South Chennai

CC/234/2012

S.Gajalakshmi - Complainant(s)

Versus

DNICS Technologies - Opp.Party(s)

Daavidsingh

24 May 2019

ORDER

                                                                        Date of Filing  : 21.09.2012

                                                                          Date of Order : 24.05.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.234/2012

DATED THIS FRIDAY THE 24^TH DAY OF MAY 2019

                                 

S. Gajalakshmi,

D/o. Senveni,

Nos.35 & 36, S-1, Vijay Maruthi Apartments,

5^th Main Road,

Nanganallur,

Chennai – 600 061.                                                        .. Complainant.                                                     

 

  ..Versus..

 

DNICS Technologies,

Rep. by its Proprietor

Mr. Senthil,

No.16, Sarathy Nagar,

III Floor, Velachery,

Chennai – 600 042.                                                    ..  Opposite party.

 

Counsel for the complainant     : M/s. I. David Singh & others

Counsel for the opposite party : M/s. B. Gopinath & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund the Admission fees of Rs.17,000/- paid by the complainant and to pay a sum of Rs.1,00,000/- towards compensation for mental agony and torture with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that she has joined the course ‘Core Java’ at ‘Joomla’ in the opposite party’s institution which is a registered one.   The complainant submits that the opposite party has informed that there were sufficient and qualified teachers for training with excellent infrastructure facility including air conditioners.  The complainant has joined the institution and paid a sum of Rs.17,000/- towards fees on 06.03.2012.  After joining the course, on 09.03.2012, the complainant was shocked that there is no amenities, muchless basic amenities as promised by the opposite party and there is no proper teaching staffs.  The complainant submits that aggrieved by the actions/ performance of the opposite party, the complainant requested to refund the fees and sent an email dated:24.03.2012 for which, the opposite party’s employees threatened the complainant with dire consequences itself proves that there are sufficient employees for conducting multimedia courses. The complainant submits that on 25.07.2012, the complainant issued legal notice to the opposite party for which, there is no reply.  The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.  The opposite party states that the complaint is not maintainable since the complainant and this opposite party have entered into a contract.   This Consumer Forum has no jurisdiction to entertain any grievance on the basis of such contract.   The opposite party states that the complainant has joined the institution belongs to the opposite party after seeing the well equipped trained trainees for coaching and class rooms with amenities.  This opposite party conducted classes from Monday to Friday.  All the students attended the classes every day for one hour totally for 20 hours.  The complainant personally requested the opposite party to attend the classes only on Fridays and Saturdays.   Even such opportunity was given, the complainant has attended only 40% of the course namely; only 8 hour which is not sufficient.  Equally, the complainant has not paid the entire fees which is non-refundable.   The complainant  has to pay a  sum of Rs.20,000/- but the complainant has paid only Rs.17,000/-.   The fees paid is non-refundable.  The complainant’s allegation that no trainees, no infrastructure and no amenities etc are imaginary and against the true facts.   The opposite party states that the complainant has not denied that she has joined the course on 09.03.2012 and attended the classes till 17.03.2012 and completed 40% of the total course.  There is no deficiency on the part of the opposite party.  Hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the opposite party is filed and no document is marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of the fees Rs.17,000/- as prayed for?

2. Whether the complainant is entitled towards compensation for mental agony with cost as prayed for?

5.      On point:-

The complainant filed his written argument.  The opposite party has not filed any written argument and not turned up to advance any oral argument also.  Perused the records namely; the complaint, written version, proof affidavits and documents.  Admittedly, the complainant has joined the course ‘Core Java’ at ‘Joomla’ in the opposite party’s institution which is a registered one.   Further the complainant contended that the opposite party informed that there were sufficient and qualified teachers for training with excellent infrastructure facility including air conditioners.  The complainant has joined the institution and paid a sum of Rs.17,000/- towards fees on 06.03.2012 as per Ex.A2, receipt.  After joining the course, on 09.03.2012, the complainant was shocked that there is no amenities, muchless basic amenities promised by the opposite party and there is no proper teaching staff which caused great mental agony.  But the complainant has not produced any iota of evidence even a photograph to prove that there is a deficiency in amenities and infrastructure. Equally, the complainant miserably failed to plead and prove on which subject, the faculty is not available.   On the other hand, the opposite party specifically pleaded that all the amenities are available with excellent faculties and 200 students studied such multimedia courses and obtained certificates.   Further the contention of the complainant is that aggrieved by the actions/ performance of the opposite party, the complainant requested to refund the fees and sent an email dated:24.03.2012 as per Ex.A4 for which, the opposite party’s employees threatened the complainant with dire consequences itself proves that there are sufficient employees for conducting multimedia courses.   Further the contention of the complainant is that on 25.07.2012, the complainant issued legal notice as per Ex.A5 to the opposite party for which, there is no reply.  Hence, the complainant filed this complaint claiming compensation and refund of the fees paid.  But the complainant has not proved the deficiency in service in this case either by way of pleadings or by way of documents.

6.     The contention of the opposite party is that the complaint is not maintainable since the complainant and this opposite party have entered into a contract.   This Consumer Forum has no jurisdiction to entertain any grievance on the basis of such contract.   Further the contention of the opposite party is that the complainant has joined the institution belongs to the opposite party after seeing the well equipped trained trainees for coaching and class rooms with amenities.  This opposite party conducted classes from Monday to Friday.  All the students attended the classes every day for one hour totally for 20 hours.  The complainant personally requested the opposite party to attend the classes only on Fridays and Saturdays.    Even such opportunity was given, the complainant has attended only 40% of the course namely; only 8 hour which is not sufficient.  Equally, the complainant has not paid the entire fees which is non-refundable.   The complainant  has to pay a  sum of Rs.20,000/- but the complainant has paid only Rs.17,000/-.   The fees paid is non-refundable.  The allegation that no trainees, no infrastructure and no amenities etc are imaginary and against the true facts.   Further the contention of the opposite party is that the complainant has not denied that she has joined the course on 09.03.2012 and attended the classes till 17.03.2012 and completed 40% of the total course.  There is no deficiency on the part of the opposite party.  After discontinuing the course without any intimation filed such complaint is not maintainable.  Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 24^th day of May 2019. 

 

MEMBER                                                                                PRESIDENT

 

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of visiting card of the opposite party advertising as authorized Training Centre for Multi Media Courses
Ex.A2	06.03.2012	Receipt issued by the opposite party to the complainant bearing No.0331 for payment of Rs.17,000/- as Admission payment
Ex.A3		Copy of Student Identity Card issued by the opposite party to the complainant
Ex.A4	23.04.2012	Copy of letter written by the complainant addressed to opposite party seeking refund of fee with acknowledgment signature
Ex.A5	25.07.2012	Copy of notice issued by Counsel for the complainant to opposite party
Ex.A6	27.07.2012	Copy of acknowledgement card for aforesaid document

 

OPPOSITE PARTY SIDE DOCUMENTS:-  NIL

 

MEMBER                                                                                PRESIDENT