Per Smt. Jayshree Yengal, Hon’ble Member.
The original opponents N.K.Shyamshukh,Chairman and Regional Manager, Institute of Computer Accountants, ICA Info Tech Pvt. Ltd. have filed the instant appeal challenging the order dated 04/09/2007 passed by the District Consumer Disputes Redressal Forum,Buldhana(Forum in short) in C.C. 53/2007. While partly allowing the complaint, Forum below directed the appellants to refund the amount of Rs.16,200/- which was accepted by them as fee towards the course being conducted by the appellant.
The facts to the extent material for deciding the instant appeal are as under:-
The respondent/original complainant had taken admission for course in Industrial Account conducted by the appellant/original opponent on 03/01/2005 by paying the course fee of Rs.25,000/-. The appellant supplied the necessary course books to the respondent but there was no book referring to Industrial Account.
It was the contention of the respondent that no course of Industrial Accounts commenced on 03/01/2005. In spite of the fee being charged and accepted by the appellant from the respondent, the appellant did not impart any service to the respondent and the training center was also closed down on 22/03/2006. Therefore alleging deficiency in service, the respondent filed a consumer complaint seeking refund of fee and compensation. The Forum was pleased to partly allow the complaint and directed the appellant to refund the amount of Rs.16,200/- which was paid by the respondent to the appellant as the course fee for the course in Industrial Accounts. Hence this appeal by the original opponents.
Heard counsel of the appellant and respondent and perused the pleading, documents or affidavits on record.
The Forum has observed in the impugned order that though the training center closed down on 22/03/2006, the appellant continued to conduct courses by giving franchisee to another person at Khamgaon therefore the appellants were properly conducting the courses and also making available job placement to the students who were completing the course conducted by the appellant. The alleged course was for one year duration commencing from 03/01/2005. The respondent though aggrieved chose to wait for twenty one months to agitate for the deficiency in service before the appropriate Forum.
In the operative part of the impugned order the Forum has further observed that deficiency in service on the part of appellant is not proved. For some reason the respondent had not completed the course but still directed appellants to refund fee of Rs. 16200/-. The fee charged for the course should be refunded to the respondent.
The Consumer Protection Act, 1986 envisages protection to a consumer against defect in goods or deficiency in service, if such defect or deficiency is proved then the District Forum under section 14(1) of the Consumer Protection Act, 1986 may give such finding and grant reliefs as it deems just and proper to redress the dispute.
In the instant case the impugned order is illegal and bad in law. The reason being it is specifically held by the Forum that the deficiency regarding the service rendered by the appellants is not proved, inspite of it the Forum has proceeded to direct the refund of the fee to the respondent. The impugned order is bad in law being contrary to the legal requirement of the Consumer Protection Act, 1986. Hence we pass the following order.
ORDER
1. Appeal is allowed, the order dated 04/09/2007 passed by District Consumer Forum, Buldhana in CC No. 53/2007 is quashed and set aside. The complaint stands dismissed.
2. Parties to bear their costs.
3. Parties to be informed accordingly.
Pronounced on 19/04/2011.
