Kale & Shinde Associates for the Complainant
Advocate Ojas Deolankar for the Opponents
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 6th April 2013
This complaint is filed by aggrieved consumer u/s 12 of the Consumer Protection Act 1986. Brief facts are as follows-
[1] Complainant is a student and interested in Fashion and Design field. The Opponent Nos. 1 and 2 gave offer for the admission for the Diploma Course in Fashion and Designing. The complainant had paid Rs.47,500/- on 21/8/2007 and took admission in the institute of the Opponent. The complainant had paid Rs.35,000/- by way of D.D. on 27/10/2007 and remaining installment of Rs.35,000/- on 18/12/2007. Accordingly the complainant had paid Rs.1,10,000/-. Opponents also accepted extra amount of Rs.7000/- from time to time. The complainant had attended the course of Diploma and completed the course as per the requirement. The Opponent had issued certificate of attendance to the complainant on 7/7/2008 eventhough the complainant has completed the said course. The Opponent had failed to issue certificate of completion of the course and caused deficiency in service. The complainant has prayed for directing the opponents to issue certificate of completion of course and also asked compensation of Rs.10,000/-
[2] The Opponents appeared in the Forum and resisted the claim by filing written version. The contents of the complaint are flatly denied by the opponents. The allegations as regards the admission, the course, as well as issuance of attendance certificate are not disputed by the opponents. But it is the case of the opponents that performance of the complainant was not upto the mark. Hence she is not entitled for certificate of completion of course. The Opponents have prayed for dismissal of the complaint.
[3] Considering the pleadings of both parties, scrutinizing the documents and argument of both parties following points arise for my determination. The points, findings and the reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1 | Whether complainant has proved that opponents have caused deficiency in service ? | In the negative |
2 | Whether complainant is entitled for the relief claimed ? | In the negative |
3 | What order ? | Complaint is dismissed |
REASONS –
The admitted facts in the present proceeding are that the complainant took admission in the Institute of the Opponent for the Course of Fashion and Designing. She has also produced attendance certificate and it reveals from the same that opponent had issued said certificate. It is the case of the complainant that eventhough she had satisfactorily completed the said course opponents were reluctant to issue certificate and that caused deficiency in service. It is the case of the opponents that performance of the complainant was not upto the mark. She had remained absent so may times during the time of the said course and on merit she is not entitled for the course completion certificate. There is no deficiency in service as alleged. I found substance in the argument of learned Advocate for the Opponents. Eventhough the complainant has deposited the fee as alleged and also obtained certificate of attendance these facts themselves do not confer any right upon the complainant for demanding course completion certificate. Hence I held that complainant has failed to prove that opponents have caused deficiency in service hence she is not entitled for any relief. I answer points accordingly and pass the following order –
:- ORDER :-
1. The complaint is dismissed.
2. As per peculiar circumstances there is no order as to costs.
Copy of order be supplied to both the parties free of cost.
Place-Pune
Date- 06/04/2013
