CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 16^th   day of November, 2016

PRESENT  : SMT. SHINY.P.R, PRESIDENT                   Date of filing:26/08/2016

                         : SMT.SUMA K.P, MEMBER                

                  : SRI.V.P.ANANTHA NARAYANAN, MEMBER

CC/132/2016

            Anitha,

            D.o.Rajamma,                                                                                  : Complainant

            Athikkottuparambu,

            Thirunellai(P.O),

            Palakkad.

            (By Adv.Redson Skaria)

                                                                       Vs

1. Madhusudhanan,

        Managing Director,

        Valluvanadu Infosis Pvt.Ltd(NIIT),

        Opposite Fort Maidhan, Palakkad.

2.     Sajitha,

         Managing Director,

         Valluvanadu,                                                                                               : Opposite parties

         Infosis Pvt.Ltd.

         2^nd Floor,

         Ottapalam Shopping Complex,

         Ottapalam, Palakkad.

3. NIIT Limited,

    85, Sector32,

    Institutional Gurgaon 122 001.                                      

    India.  

                                                     O R D E R

By Sri.V.P.Anantha Narayanan, Member

          Brief facts of the Case.

1. The complainant was a student of the opposite party institution .  The 1^st opposite party is the branch office of the 2^nd opposite party which is an Indian multi-national company IT business service company providing training to individuals and institutions.  The 3^rd opposite party has given authorization to the 1^st and 2^nd opposite parties to provide training to individuals using their name and style NIIT.  It was under that impression and confidence that the complainant had joined the course offered by the opposite party.
2. The complainant joined the GNIIT course offered by the opposite party by taking education loan in the month of May 2009.  The total course fee was Rs.1,26,260/-.  The said amount was obtained by the complainant from SBI Bank through an education loan.  Towards the said loan the complainant had to pay Rs.1,80,000/-
3. With much effort the complainant had completed the course in April, 2016.  Since then the complainant is requesting the opposite parties to deliver the course certificate.  The course certificate is very essential to the complainant to get job in other companies.  The complainant’s repeated requested were all ignored by the opposite parties 1 and 2.  The complainant had approached the opposite parties more than 20 times for the certificate.  Till this date the opposite party was not showing any positive signs to give the course certificate to the complainant.  The attitude of the opposite party has already affected the complainant and her family life.
4. The act of the opposite party had caused great mental agony and financial loss to the complainant and amounted to deficiency in service and unfair trade practice.  The complainant had already lost many interviews and opportunities due to the act of the opposite party.
5. The complainant claims the entire amount incurred for the purpose of completing the course by way of course fees and other travelling expenses from the opposite party.  The complainant was given a personal undertaking to give the certificate in the month of June, 2016 by the managing directors who were arrayed as opposite parties in the complaint.  Till this date they have not done anything as promised. The complainant was left with no other remedy other than to file this complaint.  The cause of action arose in Palakkad which is within the jurisdiction of this hon’ble forum and the complaint is filed in time.
6. The complainant therefore prayed for an order directing the opposite party .

1. To deliver the course certificate and to pay a compensation for an amount of Rs.50000/-for the delay in delivering the certificate or
2. To pay to the complainant the entire amount incurred towards the fees for the completion of the course ie. Rs.1,80,000/- with interest at the rate of 18% per annum till realization.
3. To pay compensation to the tune of Rs.700000/- towards the other expenses incurred and for the time spent on completion of the course and
4. To allow such other reliefs which this Hon’ble Forum may feel proper and with costs.

          The complaint was admitted and notice was issued to opposite parties.  3^rd opposite party filed Vakalath.  But no Vakalath was filed for opposite parties 1&2.  1^st opposite party was set exparte.  Notice to 2^nd opposite party was returned stating”unclaimed”.  Hence 2^nd opposite party was also set exparte.  No version was filed by 3^rd opposite party.

          From the side of the complainant Exts.A1, A2, A3 and A4 were marked.  Notes of argument was also filed on behalf of the complainant.  Complainant also filed the affidavit.

          The following issues arise in this case.

1. Whether there is any negligence/deficiency of service/ unfair trade practice from the part of opposite parties?
2. If so what is the relief?

Issues 1&2

           In this case the complainant was a student of the opposite party institution.  The complainant joined the GNIIT course conducted by the opposite party by taking educational loans in May 2009.  Course was completed in April 2016.  But till the date of the complaint (26.8.2016 ) the course certificate was not issued to her.  Total course fee was Rs.126960/- which was duly paid by the complainant by taking educational loan from SBI which is evidences by Ext.A2.  Ext.A1 evidences the payment of Rs.24378/-to opposite party by SBI for the student complainant by cheque No.10960 dated 13.6.2009.  The complainant was issued student Identity Card to identify that complainant was studying in opposite party institution vide Ext.A3.  A4 series evidence transactions between the complainant and the SBI Mercy College branch, Palakkad in respect of payments made to opposite party on account of course fees between 1.6.2009 and 25.11.2013.

           From the  above it is clear that the complainant had paid fully the course fees of Rs.126960/- due to the opposite party institution for undergoing GNIIT course conducted by the opposite party by taking educational loan from the SBI, Palakkad.  But we observe that the course certificate has not been seen issued to the complainant so far by the opposite parties, even though she has completed the course in April 2016.  Moreover the course certificate is very essential to get a job for the complainant.

           Therefore we view that the opposite parties committed a grave deficiency of service.

                    Hence the complaint is allowed.

           We direct the opposite parties 1, 2 &3 jointly and severally liable to deliver the course certificate of the complainant immediately.  Further they are also hereby ordered to be liable jointly and severally to pay compensation of Rs.20000/- for mental agony suffered by the complainant because she was not issued so far the GNIIT course certificate by the opposite parties.  Also opposite parties are directed to pay Rs.3000/-(Rupees three thousand only) towards litigation expenses incurred by the complainant.

          The Order shall be complied with within one month from the date of receipt of this order; otherwise interest at 9% should also be paid on the total amount from the date of this order till the date of realization.

           This order shall be pronounced in the open court on this the 16^thday of November 2016.

                                                                                                                                                                Sd/-                                                                                                                      Shiny. P.R

                                                                                                       President

                                                                                                 Sd/-

                                                                                                                                                        Suma. K.P                                                                                                                Member

                                                                                                  Sd/-

        V.P.Anantha Narayanan

                                                                                                      Member

Appendix

Exhibits marked on the side of complainant

Ext.A1- payment of Rs.24378/-dated 13.06.2009

Ext.A2 – Operations letter of SBI, dated on 12.6.2009

Ext. A3-  Student Identity Card

Ext.A4 series –evidence transactions between the complainant and the

                     SBI Mercy College branch, Palakkad

Exhibits marked on the side of opposite party

Witness examined on the side of complainant

Witness examined on the side of opposite party

Nil

Cost allowed

Rs.3000/-as cost