Tamil Nadu

South Chennai

CC/329/2016

R.Rajesh - Complainant(s)

Versus

Indian Institute of Hardware Technology Ltd - Opp.Party(s)

Nirmal Roy Sanjeevi

04 Apr 2019

ORDER

                                                                        Date of Filing  : 22.07.2016

                                                                          Date of Order : 04.04.2019

                                                                                  

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.329/2016

DATED THIS THURSDAY THE 04^TH DAY OF APRIL 2019

                                 

Mr. R. Rajesh,

S/o. Mr. K. Rajendran,

No.83, K.H. Road,

Ennore,

Chennai – 600 057.                                                      .. Complainant.                                                  

 

        ..Versus..

1. IIHT Ltd.,

(Indian Institute of Hardware Technology Limited),

Corporate Office,

No.54, 4^th Floor, Sri Lakshmi Complex,

St. Marks Road,

Bangalore – 1.

 

2. IIHT Ltd.,

(Indian Institute of Hardware Technology Limited),

No.2, 2^nd Floor, East Wing,

Gokul Arcade,

Sardar Patel Road,

Adyar,

Chennai – 600 020.

 

3. Mr. Keshav Raju,

Group MD & CEO-IIHT,

(Indian Institute of Hardware Technology Limited),

Corporate Office,

No.54, 4^th Floor, Srilakshmi Complex,

St. Marks Road,

Bangalore – 1.

 

4. Mr. Murali Mohan,

President – IIHT,

(Indian Institute of Hardware Technology Limited),

Corporate Office,

No.54, 4^th Floor, Srilakshmi Complex,

St. Marks Road,

Bangalore – 1.                                                      ..  Opposite parties.

          

Counsel for the complainant   :  M/s. Nirmal Roy Sanjeevi & others

Opposite parties 1 to 4            :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 4 under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.77,500/- with 12% interest p.a. to the complainant from 18.11.2013 onwards and to pay a sum of Rs.2,00,000/- towards compensation for mental agony and sufferings with cost of Rs.15,000/-.

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

The complainant submits that he is a Bachelor’s Degree holder in Computer Applications i.e. B.C.A., came to know from the advertisement in the internet given by the opposite parties regarding ‘IIHT Certified Cloud Professional Course’ i.e. IICP connected with cloud computing and promised to assure job on completion. The complainant submits that impressing upon the advertisement, brochure and the assured services of the opposite parties, the complainant has joined the ‘Cloud Computing’ course after due counselling, by the employees of the 2^nd opposite party namely; Ms. Deepika and the Branch Manager, Mr. Vasanth.  The opposite parties has also offered the ‘CLOUD (ICCP)’ course with highly qualified and experienced faculty.  The opposite parties also assured that they are having appropriate and sufficient infrastructure.  The complainant has duly filled up the application form and enrolled and paid the advance of Rs.5,000/-.  The opposite parties have assured that they have trained faculties and many students successfully completed the ‘Cloud Course’ and due placement has been availed with a high good salary.   The opposite parties have assured that a data centre will be provided for the use of the students for ‘CITRIX’ and ‘VMWARE’ and for ‘private cloud’ with Real time training Remote Sessions from Bangalore IIHT Centre.  The opposite parties claimed that the entire course fee payable is Rs.90,000/- and it should be paid in 5 instalments.  The complainant paid a sum of Rs.77,500/-.  The complainant submits that after receiving the payment, the opposite parties had informed that the classes will be commenced very soon.   But to the dismay, the opposite parties did not show any interest to commence the course.  After repeated requests, demands and reminders, the 1^st opposite party commences the courses on 18.11.2013.   But the conduct of classes are very irregular and there is no suitable faculties with required qualifications and infrastructure.  Thereafter, the complainant had paid the balance amount of more than Rs.50,000/-.  The complainant submits that the opposite parties has not completed the full portion of the subject.  The complainant submits that every time, the opposite parties changed the Manager, faculties and other necessary persons to conduct the classes.  The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite parties 1 to 4 has not appeared before this Forum and therefore, the opposite parties 1 to 4 were set Exparte.  

3.     Though the opposite parties 1 to 4 remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to  Ex.A9  are marked.     

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund Rs.77,500/- paid towards fees with interest at the rate of 12% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for mental agony with cost of Rs.15,000/- as prayed for?

6.      On point:-

The opposite parties 1 to 4 remained exparte.  The complainant filed his proof affidavit, documents and written arguments. Heard the complainant’s Counsel also.   Perused the records namely; the complaint, proof affidavit and documents of the complainant.  The complainant pleaded and contended that he is a Bachelor’s Degree holder in Computer Applications i.e. B.C.A., came to know from the advertisement in the internet given by the opposite parties regarding ‘IIHT Certified Cloud Professional Course’ i.e. IICP connected with cloud computing and promised to assured job on completion.  Further the complainant contended that impressing upon the advertisement and brochure as per Ex.A1 & Ex.A2 and the assured services of the opposite parties, the complainant has joined the ‘Cloud Computing’ course after due counsel, by the employees of the 2^nd opposite party namely; Ms. Deepika and the Branch Manager, Mr. Vasanth.  The opposite parties has also offered the ‘CLOUD (ICCP)’ course with highly qualified and experienced faculty.  The opposite parties also assured that they are having appropriate and sufficient infrastructure.  The complainant has duly filled up the application form and enrolled and paid the advance of Rs.5,000/- as per Ex.A3 & Ex.A4.  The opposite parties assured that they have trained faculties and many students successfully completed the ‘Cloud Course’ and due placement has been availed with a high good salary.   The opposite parties has assured that a data centre will be provided for the use of the students for ‘CITRIX’ and ‘VMWARE’ and for ‘private cloud’ with Real time training Remote Sessions from Bangalore IIHT Centre.  The opposite parties claimed that the entire course fee payable is Rs.90,000/- and it should be paid in 5 instalments.  The complainant also paid a sum of Rs.77,500/- as per Ex.A5 to Ex.A9.

7.     Further the complainant contended that after receiving the payment, the opposite parties had informed that the classes will be commenced very soon.   But to the dismay, the opposite parties did not show any interest to commence the course.  After repeated requests, demands and reminders, the 1^st opposite party commenced the courses on 18.11.2013.   However, the conduct of classes are very irregular and there is no suitable faculties with required qualifications and infrastructure.  But the complainant has not produced any record to prove the said allegations of unqualified faculties, deficiency in infrastructure and irregular classes.  On the other hand, it is apparently seen from the records that immediately after down payment of Rs.20,000/- on 18.11.2013, the classes were started.  Thereafter, the complainant had paid the balance amount of more than Rs.50,000/-. If the classes are irregular and the faculties are unqualified without any infrastructure, further payment of fees by the complainant never arise.  Equally, the complainant has not given proper reason for the payment of fees after the wild allegation.  Further the contention of the complainant is that the opposite parties has not completed the full portion of the subject.   But there is no record except the pleadings.  Equally, the allegation of irregularity in conducting classes also not proved by the complainant.   

8.     Further the contention of the complainant is that every time, the opposite parties changed the Manager, faculties and other necessary persons to conduct the classes also not proved.  The complainant also has not taken any steps to call for the vital records from the opposite parties in order to prove the prima facie case of the complainant.   The complainant also has not pleaded and proved that whether he has been given the Decree or whether the opposite parties returned the original certificate etc in this case, which proves that the complainant has not made out a case of deficiency in service against the opposite party.  Further, it is very clear that the students cannot maintain deficiency in service against the management with regard to education and payment of fees.  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 04^th day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of IITH Course Brochure
Ex.A2		Copy of IIHT (ICCP) Module and hours of course
Ex.A3	16.11.2013	Copy of enquiry mail acknowledgement
Ex.A4	16.11.2013	Copy of registration fees mail acknowledgement
Ex.A5	18.11.2013	Copy of down payment mail acknowledgement
Ex.A6	18.12.2013	Copy of 1st instalment bill and mail acknowledgement
Ex.A7	20.01.2014	Copy of 2nd instalment bill and mail acknowledgement
Ex.A8	18.02.2014	Copy of 3rd instalment bill and mail acknowledgement
Ex.A9	25.03.2014	Copy of 4th instalment bill and mail acknowledgement

 

 

MEMBER                                                                  PRESIDENT