Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

            In the present case we have gathered the painful expression of a youthful unemployed Sambhu Paul as he has been cheated by the OP for not getting any such training even after payment of Rs.3,000/- on proper receipt and fact remains complainant has stated the vivid history behind the cause of filing this complaint stating that OP Company by an advertisement in the Daily Patrika called for an interview to select unemployed boys for training in computer training etc. and accordingly with hope complainant applied and was selected.  Thereafter, for training he was compelled to pay Rs.3,000/- on proper receipt.  Thereafter, training was started and complainant attended said training spot on 02-09-2012, 07-09-2012 and 23-09-2012 but in training hall he found there is no material for any training but one class had been organized for Higher Management Course which were related to share market business and considering that situation complainant asked the OP to refund the entire amount of Rs.3,000/- but the OP refused and also did not call further.  In the result, complainant prays for relief.

            Fact remains notice was served upon the OP and OP appeared by filing Powernama and prayed for filing written version but ultimately did not file any objection for which the case is ultimately heard ex parte.

Decision with Reasons

Applying our judicial mind and experience in determining the present complainant’s redressal we have gathered that complainant has proved beyond any manner of doubt that he paid Rs.3,000/- for basic computer training from the OP and practically this youthful unemployed boys thought for a moment that he want to establish in future for daily earning to protect his future and his family and in reality there is no doubt in the mind of the complainant that he will get such training form the complainant and shall be absorbed anywhere with such experience when now-a-days basic computer knowledge is must for applying against any vacancy and fact remains complainant relied upon the advertisement and, thereafter, entering into the selection process of the OP and no doubt he was selected and he was compelled to pay Rs.3,000/- but ultimately no training was rendered by the OP to the complainant in respect of basic computer training.  Then invariably complainant had no other alternative but to get refund of the said money from the OP and legally OP was bound to refund it.  But peculiar factor is that this OP gave advertisement in the newspaper and copy of newspaper is filed in this case but ultimately did not give such training.  Then it is clear that OP adopted unfair trade practice for the purpose of squeezing money in such a fashion from the unfortunate unemployed middle educated boys and it is an example of adopting unfair trade practice by the OP and no doubt OP has deceived the complainant in all respect but illegally when OP failed to give or render the said basic computer training to the complainant so OP has his legal duty and bounden duty to refund it without any fail but that has not been done for which it is proved that OP is running an unfair trade practice only to cheat and deceive the middle order educated boys in such a fashion for which the complainant’s allegation is proved against the OP for which the complainant is entitled to get compensation including refund of Rs.3,000/- from the OP and OP should be penalized for such unfair trade practice.  Thus, the complaint succeeds ex parte

Hence,

Ordered

That the complaint be and the same is allowed ex parte against the OP with a cost of Rs.5,000/-(Rupees Five thousand only).

            OP is directed to refund of Rs.3,000/-(Rupees Three thousand only) to the complainant and also a compensation of Rs.2,000/-(Rupees Two thousand only) for harassment of the complainant and causing mental pain and agony to the complainant and so, the OP is directed to pay Rs.3000/- + Compensation Rs.2,000/- + Litigation Cost of Rs.5,000/- totalling Rs.10,000/- (Rupees Ten thousand only) within one month from the date of this order positively failing which for each day’s delay to satisfy the decree, a sum of Rs.100/- per day shall be imposed as punitive damages till full satisfaction of the decree and if it is collected same shall be deposited to State Consumer Welfare Fund.

            OP is directed to comply this order very strictly by the stipulated period of one month as per spirit of this order in default penal action shall be taken against him them as per provision of Section 27 of the C.P. Act and even he may be sent to jail for repeated violation of the Forum’s order.