Chandigarh

DF-I

CC/5/2020

Priya Ubhan - Complainant(s)

Versus

iCert Global - Opp.Party(s)

Pranav Chadha

23 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

           

Consumer Complaint No.	:	CC/5/2020
Date of Institution	:	03/01/2020
Date of Decision	:	23/09/2022

 

Priya Ubhan, aged about 31 years, resident of House No.5408, Sector 38 (West), Chandigarh 160036.

… Complainant

V E R S U S

1. iCert Global through its Managing Director/Chairman, 4^th Floor, Uma Admiralty, Above HDFC Bank, Bannerghatta Road, Diagonally Opposite Jal Bhavan, Near Sagar Hospital, Bengaluru, Karnataka 560029, India.
2. Karthik KJ (Learning Consultant), iCert Global, 4^th Floor, Uma Admiralty, Above HDFC Bank, Bannerghatta Road, Diagonally Opposite Jal Bhavan, Near Sagar Hospital, Bengaluru, Karnataka 560029, India.
3. Irfan Baig, iCert Global, 4^th Floor, Uma Admiralty, Above HDFC Bank, Bannerghatta Road, Diagonally Opposite Jal Bhavan, Near Sagar Hospital, Bengaluru, Karnataka 560029, India.

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                                               

ARGUED BY	:	Sh. Pranav Chadha, Counsel for complainant
	:	OPs ex-parte

 

Per Pawanjit Singh, President

1. The instant consumer complaint has been filed by the complainant, Ms. Priya Ubhan against the opposite parties (hereinafter referred to as the OPs).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that the complainant was working as Principal Engineer, Software Quality in BD Chandigarh and was interested to learn more professional tools.  Accordingly, she opted to go in for certified Scrum Master Course through company managed by OP-1 namely iCert Global who deals with live online and classroom training for various courses including Certified Scrum Master Course. After conversation with OP-2, who is learning consultant of OP-1, complainant had made payment of ₹24,000/- to the OPs on 8.8.2019, which was acknowledged by them in email dated 8.8.2019.  The dates for the course were 17^th – 18^th & 24^th – 25^th August, 2019 but, OP-2 told the complainant that batch of 24^th – 25^th August is cancelled and only slot available was 17^th -  18^th August. On the date of session i.e. 17^th August, 2019 when the complainant reached the venue i.e. Hotel Radisson, Zirakpur (Punjab), she was told by instructors Mr. Mohit Kathuria and Ms. Shruti Kathuria from Scrum Alliance Company that they had not received any payment or registration details from the OPs. Thereafter the complainant contacted the OPs through email and asked about her course, but, OP-2 did not attend the phone calls and accordingly complainant sent email to the OPs from the venue of training.  After some time, complainant received a telephone call from one employee of the OP namely Mr. Koushik Dev to whom the complainant had disclosed about the problem being faced by her and he told the complainant that she has to wait for next session and she would be shifted to any forthcoming batch.  On seeing the conduct of the OPs, complainant decided to go ahead with the said course after making payment directly to Scrum Alliance Company.  Post that, complainant had also made payment of ₹28,320/- for the second time.  After discussion with OP-3, complainant was assured that the aforesaid amount will be refunded.  Even the complainant had sent email in this regard to OP-3 on 17.8.2019.  Despite of the said request made by the complainant through email and assurance given by the OPs, they have not refunded the aforesaid amount to the complainant as promised and in this manner there is deficiency in service as well as unfair trade practice on the part of OPs. The complainant has prayed for refund of the amounts of ₹24,000/- and ₹4,320/- alongwith interest, compensation and litigation expenses.  The consumer complaint is supported by affidavit of the complainant.

2. OPs were properly served through different modes including publication and when the OPs did not turn up before this Commission, despite proper service, they were proceeded against ex-parte on 2.3.2022.
3. In order to prove her case, complainant has tendered/proved her affidavit and various documents including emails relating to the correspondence between the parties.
4. We have heard the learned counsel for the complainant and also gone through the file carefully.
5. As it is the case of the complainant that despite payment to the tune of ₹24,000/- made by her to the OPs, who deal with live online and classroom training for various courses including Certified Scrum Master Course and the slot for the said course was on 17^th – 18^th August and further the said amount of ₹24,000/- was not paid by the OPs to the Scrum Alliance company as a result of which the complainant was firstly not allowed by the said company on the ground that no payment has been received by it and further by making direct payment to the company, she joined the said course on the aforesaid date, the case is reduced to a narrow compass as it is to be determined if there is deficiency in service on the part of OPs and they have also committed unfair trade practice upon the complainant.
6. All the allegations made by the complainant stands proved by the complainant through her affidavit alongwith email conversion (Annexure C-1 Colly.) of the complainant with the OPs which clearly indicates (at internal page No.29) that the OPs had agreed to refund the amount claimed by the complainant.  Not only this, the e-receipt (at internal page No.21) also indicates that an amount of ₹24,000/- was transferred in the account of OP-1 by the complainant on 8.8.2019.  Thus, when the entire evidence led by the complainant is unrebutted by the OPs, who did not turn up before this Commission to resist the claim of the complainant, the complainant has successfully proved that there is deficiency in service and unfair trade practice on the part of OPs and the complainant is entitled for refund of the claimed amounts alongwith interest, compensation and litigation expenses.

Relief

7. In the light of the aforesaid discussion, the present consumer complaint succeeds and the same is accordingly partly allowed against OPs and they are jointly and severally directed as under :-

1. to pay ₹24,000/- to the complainant alongwith interest @9% per annum from the date of payment i.e. 08.08.2019 till realization of the same.
2. To pay ₹10,000/- as compensation for causing mental agony and harassment to her;
3. to pay ₹7,000/- to the complainant as costs of litigation.

8. This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
9. Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
23/09/2022	[Suresh Kumar Sardana]	[Pawanjit Singh]	[Surjeet Kaur]
hg	Member	President	Member