The complainant claims that in 2009 he was admitted to the Institute of Computer Accountants for industrial accounting course, but after joining the institution, he updated his course from Industrial Accounting to CIA (Certified Industrial Accounting).  He had deposited the course fee, and complied with all other formalities, and he went through the necessary examinations.  The tenure of the course was from 31.03.2009 to 31.12.2010, and although much time have elapsed, he has not received his course certificate.  He approached the OPs to obtain the certificate, but in vain.  Hence, he filed this case praying for refund of the course fees of Rs.19,836/-, together with some other reliefs.   

The OPs contest the case by filing written version dated 12.07.2013.

They claim that a sum of Rs.4,795/- is still due from the complainant towards his total course fee of Rs.22,204.60/-, and until he clears the said amount, they cannot hand over the course certificate, and though the complainant was asked many times to pay the said amount, and obtained his course certificate, yet he did not comply.  They further claim that on 19.08.2011, the complainant filled in the placement decoration for a job of accountant in the firm M/s. Shanti Sales, but later he did not join the said job due to family problem.  Accordingly they pray for dismissal of the case.

The complainant has examined himself and two other witnesses in support of his case. 

In his evidence the complainant practically repeats the averments of the plaint case. 

The two other witnesses who were deposed for the complainant have stated that they took admission for Certified Industrial Accounting (CIA) course in the year 2009 at the institute of Computer Accountant (ICE), and they claim that as a subject English was only optional and not compulsory, and accordingly they did not appear for any English examination during the course period.  They have successfully completed the course of Certified Industrial Accounting (CIA) securing grade ‘B’ and they have been granted certificates dated 23.02.2012 by the institute. 

The OPs have led evidence through Sri Chandan Chakraborty (OP No.2), and Sri Kuldeep Jha. 

Sri Chandan Chakraborty in his evidence has submitted inter-alia that an amount of Rs.5,56.86/- is still due from the complainant towards his total course fee, and the certificate cannot be handed over to him unless he clears the said dues, and though the complainant was asked to pay the balance course fee, yet he did not pay heed to it.  He has given an explanation regarding the dues of the complainant which are mentioned differently in the written version dated 12.07.2013, and a petition dated 25.09.2013, and the questionnaire dated 25.09.2013, submitting that since there was some difficulty in gathering all the relevant documents, the correct figure could not be stated initially.  He also submits that despite the amount of Rs.556.86/- still due from the complainant, the OPs in the better interest of the complainant have filed his course certificate in the Forum.  In the evidence of Kuldeep Jha, the said witness has stated inter-alia that since the entire course fee of the complainant was not cleared, the OPs could not hand him over his course certificate, though it was ready since 21.01.2011, and he claims that some other students of the institute were given their course certificate on completion of the course, and on payment of the entire course fee.  He claims that on 19.08.2011, the complainant filled in the placement declaration form for a job as accountant in M/s. Shanti Sales for a salary of Rs.4,000/-, but subsequently through letter dated 10.09.2011, the complainant intimated the OPs that he was unable to join the job due to family problems. 

It is seen that in the petition of complaint the complainant has prayed that the OPs be directed to hand over his course certificate along with ATJ card, or in the alternative to refund him the amount of Rs.19,836/- which he paid as course fee, along with interest, and he has also prayed for compensation and litigation expenses. 

It is seen that the OPs have furnished his course certificate in this Forum on 25.09.2013.  The complainant could have easily withdrawn the said certificate and tried to get an employment during the last one year and more that the said certificate is lying in the case record.

However, he chose to continue with the case for reasons best known to him. 

It cannot be missed that the complainant’s alternative prayer for refund of the course fee is not well founded, since the OPs have already furnished his course certificate in the Forum.  Again, the complainant’s prayer for compensation is not well reasons since he was given a chance of an employment, but he did not avail of it. 

Considering that the complainant has obtained his principal relief, this case is disposed of on contest with the observation that the complainant is at liberty to obtain the course certificate which has been filed by the OPs in the Forum on 25.09.2013.

No order as to cost.