DATE OF FILING                    :     12-10-2012.

DATE OF S/R                            :      20-11-2012.

DATE OF FINAL ORDER      :     03-01-2013.

DANISH TANWEER.

107, Belilious Roud, District –Howrah,PIN – 711101

.-------------------------------------------------------------------  COMPLAINANT.

-          Versus   -

KAKULI PAL.

Excel Infotech Computer Training Center,68, Dr. Abani Dutta Road, Howrah – 711101.

-------------------------------------------------------------OPPOSITE PARTY.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.         It is a case filed by a student of Class XII alleging deficiency of service against o.p., who is running a computer-training centre.

2.         Brief fact of the case is that complainant, Danesh Tanweer paid a total amount of Rs. 3,100/- vide annexure money receipts for undergoing courses offered by o.p. like i) Office automation, ii) Print media design, iii) Accounting, iv) Programming, v) Hardware, vi) Personality Development, vii) Networking, viii) Web designing, ix) Mobile repairing, X) Spoken English. And he was told at the time of admission that the entire course will take 24 months to be finished vide annexure 'Course Details (MDCASM). But it is alleged by the complainant in his letter written to the Head Madam of Excel Infotech Computer Training Centre stating therein that 'Not a single course is complete ---------------.' But even after this letter o.p. did not take any step to complete the scheduled course and finding no other alternative complainant filed this case praying for a direction  upon the o.p. to refund the entire amount so paid  by the complainant and to pay an amount of Rs. 30,000/- as compensation along with other prayers.  

3.         Notice was served upon the o.p. O.p. appeared and filed written version.

4.         Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.         Both the points are  taken up together for consideration. We have carefully gone through the written version and noted its contents. O.p. has strongly opposed all the allegations made out by the complainant against her. It is denied by the o.p. that after completion of each and every course, certificate would be given to the complainant vide para 10. It is also stated by the o.p. vide para 11 that as the complainant obtained only Grade 'B' in the entrance examination, he was to pay Rs. 285/- per month. And further complainant had completed 11 months out of 24 months, that too, very irregularly and whimsically. And he is not attending the classes as the course is still running and it would be completed in due time. Here, we have to keep it in mind that the course was of 24 months. From money receipts, we find complainant took admission in September, 2011. According to the brochure, it is scheduled to be completed in August, 2013. This was very much within the knowledge of the complainant. So, only for his urgency, that course cannot be completed earlier than the schedule time. Every course has got its own gestation

period otherwise nothing could be learnt. It would come to no use of any body. But we could understand the psychology of a student of Class XII who is on the verge of his adolescent  period that makes him restless for ever thing so he is in such an unusual hurry. And we find no deficiency on the part of the o.p., as complainant should have waited upto  August, 2013, So the instant case is partly allowed on contest without any cost and compensation.

      Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 139 of 2012 ( HDF 139 of 2012 )  be  allowed  partly on contest without  costs  against  the O.P.  

      That  O.P. is  directed to complete the course in question in time and the complainant is directed to attend the classes regularly with all soberness. The o.p. is further directed to take extra classes, if so required, for the complainant to complete the offered course considering the fact that the complainant  is a student and o.p. is running a training centre.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.