Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

            Complainant by filing this compliant has submitted that he was admitted to Lalani Computer Academy with a hope to establish him in his life and at the time of admission in their Branch they told him that it was Advance Diploma In Multimedia (ADIM) and it was for 18 months but the same shall be completed in October, 2011 i.e. within 20 months but when he asked the faculty about completion period when he was told that the course will be completed within 9 to 12 months and practically at the time he was continuing his course and for which he was very much annoyed and asked the authority that it was not possible for him to continue in view of the fact he was with hope that the course would be completed within 9 to 12 months but in the mean time he continued more than 12 months and in the circumstances the complainant was practically annoyed and asked the OP to refund the entire amount of the course as deposited by him during the period of continuation of the course but after several attempts OP refunded only Rs.2,542/- out of paid amount of Rs.11,000/- and on payment he was also threatened by the OP and so in the circumstances, complainant has prayed for refund of the balance amount paid by him and fact remains he already lost 24 months but ultimately he has got no result and in the circumstances, he has prayed for compensation.

            On the other hand, OP submitted one written objection in their company pad without any affidavit but from that written objection it is found that OP has tried to say that the OP gave all sorts of facilities i.e. supplied books etc. and it was further submitted that complainant did not complete the said course due to his negligence and whimsical absence in classes for months in spite of repeated warning by the faculty/Centre Administration.  But truth is that other student of that class who are admitted along with the complainant had already passed and received their certificate and further he is advised to take special classes (remaining subjects) for the Diploma Course which was for 18 months starting from 28-01-2010 to 20-09-2011.   But even after that complainant was offered special class for remaining subject after considering his fees and initially he agreed but ultimately did not attend.  Another factor is that not only complainant remained absent in the classed but also did not pay the course fee the full.  But only to keep the reputation, on the basis of application after taking the course fee of the period, balance amount had already been paid to the complainant for which it should be dismissed.

Decision with Reasons

On proper consideration of the entire material and also the written version including the complainant’s allegation we find that this course was for a period of 18 months not for 9 to 12 months and it is undisputed fact that other students who had admitted along with the present complainant completed their course and got their certificate but complainant has failed to convince this Forum for what reason he did not complete it and for what reason he did not pay the dues of the course.  But on the half way he prayed for refund of entire deposited amount of rs.11,000/-

            From the document it is found that the admission receipt and student card it is found that the course fee was Rs.12,710/- and course period was 18 months it/which is written on the student record or card.  Fact remains the materials were issued by the OP i.e. study materials etc. up to 18-07-2011 but practically complainant paid payment by instalment by 14 instalments in each month starting from 06-01-2010 to 06-07-2011.  That means he paid course fee for 14 months and, thereafter, did not attend any class but the said course would be completed on 06-11-2011 but in the meantime he left and prayed for refund of the entire deposit.  Considering the entire complaint including the payment details and it is found that no doubt complainant paid Rs.11,000/- and odd after getting all study materials and continuing for 14 months and complainant had to continue for another four months in that case his course should be completed and in that case complainant shall have to get the certificate but it is the arrogant attitude of the complainant and he did not completed further four months to complete the course.  And the allegation made against the OP is false and fabricated on the ground his own document supports Course was for 18 months and his own document shows that he continued the course for 14 months but he did not continue the class then the case is filed by the complainant for which he was failed to avail of his desired certificate for which he was admitted in this desired course and relying upon the above discussions and faculty aspects we are expressing our pain that a student must not be arrogant but must be well equipped about conduct of a student for continuation of any course and it is the duty of any student to attend the class daily for proper upliftment in acquiring knowledge in respect of a particular subject so that in the final examination he may get marks for getting such certificate or employment etc.  but anyhow in this case the whimsical decision of the complainant has deprived him to get the certificate though he was given a chance to complete by attending extra class but he did not do that and for that reasons he is not entitled to get relief from the Forum or the OP in the light of the above observation and considering all the fact that already complainant received back on the basis of the prayer of the complainant, a sum of Rs.2,542/- out of deposited amount Rs.11,000/- because complainant completed 14 months out of 18 months course.  In the above situation we are not in a position to give any relief to the complainant but anyhow we may give him a chance to the complainant to complete the course by directing the OP to give a chance to complete balance period of course by giving him extra classes training by taking such further payment but except that no other relief can be granted in favour of the complainant for his whimsical manner when fault of the OP is not proved.

Hence,

Ordered

That the complaint be and the same is disposed of without dismissing the same for the benefit of the complainant by directing the OP to morally give a chance to the complainant to complete the said course and to give a certificate on payment of balance amount invariably and in this regard OP Company shall invariably give such moral support when complainant for his fault has failed to secure the said certificate.

            At the same time the complainant is requested to rectify himself and try to be more gentle in respect of his expression as a student before the OP and invariably complainant shall realize the entire situation and for his own benefit he shall have to surrender before the OP and OP shall have to accept him as student and give assistant to complete the course within 4 to 5 months for getting the certificate.