BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.181 of 2021

      Date of Instt. 18.05.2021

      Date of Decision: 07.08.2023

Pushap Rishi 253, Shiv Nagar, Sodal Road, Backside Kalgidhar Gurudwara, Jalandhar-144004.

..........Complainant

Versus

Greatway Computers & Technologies, SCO-5, Imporovement Trust Building, Kapurthala Chowk, Jalandhar-144008.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:         Dr. Harveen Bhardwaj            (President)

 Smt. Jyotsna                           (Member)

Present:       None for the Complainant.

                   Sh. Vikas Sood, Adv. Counsel for OP.

Order

Dr. Harveen Bhardwaj (President)

1.                This complaint has been filed by the complainant, wherein alleged that the complainant had joined a three months Diploma in Website Development from Greatway Computers & Technologies, Jalandhar i.e. OP on 01.08.2020. The institute had joined him offline and online classes with intervals of days due to Covid-19. In every month i.e. August-2020 to October-2020, the complainant paid the diploma fee of Rs.5000/- in advance, which the total fees of the diploma to be paid were Rs.15000/-. Before completion of diploma fees, instructor Mr.Saini agreed with every one of his diploma related queries, but after all payments, he started using shortcuts and he did not solve his queries related to a diploma. Whenever, the complainant asked him about commands/modules, instructor Mr.Saini always deferred. He was himself confused and often started the search from Google. While his Diploma was still incomplete, the institute gave him a diploma certificate on 25.11.2020 and said that they will finish the remaining diploma in the next months and they mentioned fake marks obtained in the certificate, because the complainant did not give any examination. After that whenever the complainant used to call the institute, quite a few times they did not pick up his phone and when he used to go to the institute, they used to say that they are busy, he come later. When the complainant told the instructor that this was unfair practice and the OP misbehaved with him. When the complainant got very upset with the institute, he called the National Consumer Helpline on 12.02.2021 and told about his problem. Their complaint number was 2558918. The complainant sent many emails to the institute owner for this inappropriate practice. After many days passed, the complainant received a call from the institute and they were ready to complete his diploma. The complainant attended an online class on 08.03.2021, but instructor Mr. Saini did not solve any of his queries i.e. How to print reports in PHP, etc. The instructor spent near about one hour, experimenting on these queries. Finally, the complainant told him that he can search once again online and he will call him after one or two days. After that, the complainant again called on 12.03.2021 but he said that they require another one or two days for this. Further, for registering domains/sub domains, working with c-panel/FTP, the instructor told him that for this he has to buy hosting and domain, then they will tell him about it. The complainant bought hosting and domain from Hostinger PTE Ltd (hosting & domain provider) on 26.03.2021 for Rs.5,582.58, as he had told him to buy. When the complainant told him how to host the website, he kept testing again for an hour and when the website was not uploaded from him, he told me that the hosting provider will do it. Then the OP asked another professional for this hosting, he did the same thing in 10 minutes. Due to negligent and deficiency in service of the OP, the complainant had suffered, mental tension, harassment, and financial loss and as such, the present complaint filed with the prayer that the OP be directed to pay fees which was paid to the institution Rs.15,000/-, hosting and Domain Charges Rs.5582/-. Further, OP be directed to pay a compensation of Rs.75,000/- for causing mental tension and harassment and litigation expenses of Rs.5000/-.

2.                Notice of the complaint was sent to the OP, who filed reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable. It is further averred that the complainant is not a consumer as per the allegations made in the complaint. It is further averred that the present complaint does not come within the ambit of Consumer Protection Act 2019. It is further averred that as per the allegations, the matter cannot be adjudicated in summary trail. Moreover the services were taken for commercial purposes. It is further averred that the complainant has not come before this Commission with clean hands and has suppressed the material facts. The complainant applied for a course with the respondent and filed the application. Alongwith the application a declaration was also made by him. The complainant was enrolled in PHP Training Course for three months on 01.08.2020 till 31.03.2020. He collected the Completion Certificate 23.10.2020 after signing the issued register. This course was completed as no objection was raised by the complainant at the time of getting the completion certificate. Unnecessary objections now raised by the complainant without any basis. The complainant wanted to solve his other quarries not related with course. However, the respondent tried to compensate him in all means. Dispute arose, he filed this false complaint. It is pertinent here to mention that the complainant is a developer. He knows everything. So, the present complaint is false and is liable to be dismissed. On merits, it is admitted that the complainant was enrolled in PHP Training Course for three months on 01.08.2020 till 31.03.2020 and it is also admitted that the complainant was collected completion certificate on 23.10.2020, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement. 

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.

6.                The complainant has filed the complaint alleging that he had joined the Diploma in Website Development from OP and paid the total fee, but despite the payment of total fee, the OPs were deficient in services as the OPs were unable to reply the complainant of his Diploma related queries despite emails.

7.                The complainant has produced on record the number of documents. Ex.C-1 to Ex.C-3 are the receipts showing that he has paid Rs.5000/- per month for Diploma on 05.08.2020, 12.09.2020 and 12.10.2020. This fact has been admitted by the OP also. It has been admitted by the OP that he was enrolled in PHP training course for three months. The complainant has alleged that he was given the Diploma Certificate Ex.C-4, but his Diploma was incomplete and he did not take any exam. It is proved on record that the complainant received the certificate from the OP without any objection. The complainant has also produced on record the emails and the replies given by the OP to his queries and to the email Ex.C-5, which is consisting of four pages. The complainant himself has admitted in para No.9 of the complaint that the OP was ready to complete his Diploma, but the complainant never approached or wrote any letter or email to the OP about the incomplete diploma or course prior to 23.11.2020, when he obtained the certificate.

8.                The OP has proved on record the documents i.e. the admission form of the complainant Ex.O-2 and Ex.O-3. For the first time, the complainant has raised the objection on 12.02.2021 i.e. after three months of obtaining the certificate. Had there been any deficiency in service or unfair trade practice on the part of the OPs, the complainant could not have accepted the completion certificate of the Diploma as he was not satisfied with the services rendered by the OP, but the complainant has approached the OP after three months, therefore, the complainant has failed to prove any deficiency on the part of the OP as all his queries were replied by the OPs and he was satisfied with the replies. So, no unfair trade practice has been proved by the complainant and thus, the complaint of the complainant is without merits and the same is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be sent to the parties, as permissible, under the rules. File be indexed and consigned to the record room.

Dated                              Jyotsna                         Dr. Harveen Bhardwaj     

07.08.2023            Member                                  President