In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 370 / 2010.
1) Navin Chopra,
52/3, A.J.C. Bose Road, Barisha, Kolkata-700063. ---------- Complainant
---Versus---
1) Manager / Authorisd Officer,
NIIT Institute of Finance Banking Insurance,
6B, Pretoria Street,m Kolkata-700071.
2) NIIT Institute of Finance Banking Insurance,
6B, Pretoria Street,m Kolkata-700071. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 20 Dated 31/07/2012.
Instant case has been filed by the complainant with an allegation of deficiency in service against the o.ps. which is within the scope and ambit of the C.P. Act, 1986.
In a nutshell, the case of the complainant is that being attracted by the advertisement of the o.ps., the complainant appeared in ICET (IFBI’s Common Entrance Test) and on being successful and after receiving offer letter dt.12.1.08., he took admission in Post Graduate Diploma Course in banking Operations (PGDBO) which was a job guaranteed scheme after paying Rs.6000/- on 30.11.08 and next course fee of Rs.69,000/- through 3 installments. As per the complainant it was a job guaranteed programme and as per the offer letter of the o.p.s, after the completion of course employment was guaranteed.
But, as per the complainant, after the successful completion of class work training in second week of July, 2009 the o.p. company arranged an interview at Dhanlakshmi Bank Ltd. in August, 2009, but, nothing was provided within the time frame of six months and it is also mentioned by the complainant that none was selected from their batch. Thereafter, in the 1st week of Feb. 2010 an offer of appointment was issued by ICICI Bank vide letter dt.25.1.10 through the o.p.s. But this was a belated offer, which beyond the time frame of six months.
Then he requested o.ps. many time for providing him a job or to refund of money but all in vein. Hence, instant case has been filed by the complainant before this Forum for redressal of his dispute and he has prayed for relieves as mentioned in the complaint petition.
O.Ps. appeared in the instant case by filing w/v and denied all the material allegations labeled against them and inter alia stated that the complainant was offered total 4 interviewes by them and he did not participate in the internship / selection process at three occasions and he attended one interview process with Dhanlakshmi Bank, in which he was not selected and he was also short listed for internship at Karim Ganj, ICICI Bank on 20.12.09 and as per the appointment letter, the complainant was required to join w.e.f. 25.1.10 in the said bank. But the complainant did not turn up. As per the o.ps. the complainant by not joining the internship in the aforesaid bank violated the spirit and the terms of the student-obligation-rules and the IFBI’s offer letter dt.12.1.08, vide clause ‘d’ and thus he made himself disqualified from further internship and placement process. Therefore, the complainant is not entitled for any other internship / selection and as per o.ps. they did not commit any injustice to the complainant and nor deficiency in service from their end and o.ps. has prayed for dismissal of the instant case.
Decision with reasons:-
After scrutinizing vividly all the documents brought before this Forum and hearing every nook and corner from both sides, it appears that it is beyond doubt that the complainant paying course fees amounting Rs.75,000/-, took admission at o.ps. institution and he successfully completed the course in question. But it also appears to us, after considering four corners of the instant case that it is beyond doubt that the complainant did not join on 25.1.10 at Karim Ganj ICICI Bank as per appointment letter of the aforesaid bank and this job offer was obtained by him through intervention of the o.ps. It is apparent from record that in the Student Obligation Rules and IFB’s offer letter of the o.ps. it was clearly mentioned that “If selected by any partner organization and made an Appointment / Internship offer, you are advised to accept the offer. Non acceptance of offer from any partner organization will result in disqualification from further internship and placement process. If you do not accept an offer made by the partner organization, IFBI does not hold any obligation for refund, re-allocation of internship and/or placement offer in future”.
And it is beyond doubt that this rule was very much within the knowledge of the complainant from the time of admission of the complainant at o.ps. Institution. It is settle principle of law that one should not take any advantage of his own wrong and every one should come in clean hands before the court of justice. Therefore, we are of the opinion that as the complainant himself violated the rules mentioned in the abovementioned Student Obligation Rules and also in the offer letter of o.ps. Institution and it is not a fact that complainant was not offered any job by the o.ps. within six months from the date of successful completion of course in question. In fact it is palpable from para 7 of complaint petition that after the successful completion of class work training in second week of July, 2009, the o.p. company arranged an interview at Dhanlakshmi Bank Ltd. in August, 2009. Therefore, it is crystal clear that o.p. company arranged an interview very much within six months from the date of completion of class work training. Therefore, the complainant has no case and he is not entitled for relief as prayed for. We find no negligence and deficiency in service of the o.ps. towards the complainant.
Hence,
Ordered
the case of the complainant is dismissed on contest without cost.
Supply certified copy of this order to the parties.
