West Bengal

Kolkata-III(South)

CC/571/2018

Sangita Mukherjee. - Complainant(s)

Versus

Mr. Rakesh. - Opp.Party(s)

19 Jul 2019

ORDER

CONSUMER DISPUTE REDRESSAL FORUM
KOLKATA UNIT-III(South),West Bengal
18, Judges Court Road, Kolkata 700027
 
Complaint Case No. CC/571/2018
( Date of Filing : 25 Sep 2018 )
 
1. Sangita Mukherjee.
W/O Kausik Mukherjee Residing at Green View Apartment, Ground Floor Tallikhola, P.O. & P.S. Chinsurah, Dist. Hooghly Pin-712101.
...........Complainant(s)
Versus
1. Mr. Rakesh.
Owner of BRSP Tecnologies, 135A, Harish Mukherjee Rd, 3rd Floor, Kol-700026 P.S. Kalighat.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Sashi Kala Basu PRESIDENT
 HON'BLE MRS. Balaka Chatterjee MEMBER
 HON'BLE MR. Ayan Sinha MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 19 Jul 2019
Final Order / Judgement

Date of filing :25.9.2018

Judgment : Dt.19.7.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Sangita Mukherjee alleging deficiency in service on the part of the opposite party (referred as OP hereinafter) namely Mr. Rakesh.

            Case of the Complainant, in short, is that Complainant is a professional working with K. K. Enterprise. For further career options and career growth she on searching internet about SAP HCM course provider, she came across BRSP Technologies i.e. O.P. Since the institute was close to her office she contacted the OP and had detailed discussion on the course to be provided as well as Complainant’s  choice of attending the classes on Saturdays and Sundays from 2.30p.m. to 4.30p.m. So, she paid Registration fee of Rs.1,000/-. After registering her name, Complainant enquired about the commencement of the classes and the O.P. through e-mail on 8.2.2018 informed that the Centre Coordinator will get in touch with her and inform the class details. On receipt of SMS from the OP on 9.2.2018 that SAP class will commence from 10.2.2018 and to pay the full course fee of Rs.21,500/-, Complainant paid the same on 10.2.2018 and attended her first SAP class. But, unfortunately the duration was only for 40 minutes in place of 2 hours. The assigned Faculty did not turn up and a temporary Faculty was arranged, who also informed that he would not be able to take classes on Saturdays. However on the request of the OP to give some time for arranging the schedule classes and requested the Complainant to attend the classes on weekdays, the Complainant finding no other means tried to accommodate to provide the class on weekdays from 6.30p.m onwards as the Complainant is residing very far from the Institute. On 14.2.2018, Complainant received a message that the class has been cancelled due to non-availability of Faculty and she was informed that the classes will be taken on 16.2.2018 at the scheduled time. But the class was started at 7p.m. and ended nearly at 8p.m. On 19.2.2018 again the Complainant received a message from the OP that the SAP will be taken on weekdays from 7.30p.m. to 8.30pm. But the Complainant is an office-goer, it was not possible to continue with her professional education on weekdays as her residence was far from Kolkata and took two and half hour journey to reach her home. So, Complainant asked for the return of her deposited amount as she had agreed to take such training only on Saturdays and Sundays. But the OP informed her that they will not refund the said course fee, but could only adjust the classes on weekdays. The OP was well aware of the fact that he could not arrange  training classes on Saturdays and Sundays, which was  the first and foremost condition of the Complainant before joining the course by the Complainant but still made the Complainant to join the said course and then refused to refund the amount. As the OP could not arrange the classes on Saturdays and Sundays, there has been deficiency in service on his part, thus the present complaint has been filed by the Complainant praying for directing the OP to refund the course fee of Rs.21,500/- along with registration fee of Rs.1,000/-, to pay compensation of Rs.1,00,000/- and litigation cost of Rs.10,000/-.

            Complainant has annexed with the complaint petition, e-mails exchanged between the parties.

            On perusal of the record, it appears that the notice was sent to the OP. But as no step was taken by the OP, the case came up for ex-parte hearing vide order dt.30.1.2019.

            So, the only point requires determination as to whether the Complainant is entitled to the relief as prayed for?

Decision with reasons

It is the claim of the Complainant that in order to further growth of her career, she joined the training course run by the OP only on the condition that the said training would be given on Saturdays and Sundays from 2.30p.m. to 4.30p.m., as she was working with K. K. Enterprise and had to attend the said job on weekdays. In order to substantiate that OP agreed to provide the training on Saturdays and Sundays and so she paid Rs.1,000/- initially as registration fee and subsequently Rs.21,500/- as course fee, she has filed e-mails exchanged between the parties which reveals that OP has acknowledged receiving of the said amount. These e-mails sent by the Complainant and replied by the OP on 20.2.2018 and 23.2.2018 supports the claim of the Complainant that she had joined the course only on the condition that the classes would be taken on week-ends. These e-mails  further supports the claim of the Complainant that the OP failed to provide Faculty on the week-ends as agreed. If that be so, then in absence of any contrary material before this Forum, Complainant is entitled to the refund of the amount of Rs.21,500/- paid as course fee from the OP as there has been deficiency in service on his part. However, we do not find any justification to allow the compensation as prayed by the Complainant.

            Hence

                                            ordered

            CC/571/2018 is allowed ex-parte. OP is directed to refund Rs.21,500/- to the Complainant along with litigation cost of Rs.10,000/- within forty-five days from the date of this order, failing which the entire amount shall carry interest @ 10% p.a. till realisation.

 
 
[HON'BLE MRS. Sashi Kala Basu]
PRESIDENT
 
[HON'BLE MRS. Balaka Chatterjee]
MEMBER
 
[HON'BLE MR. Ayan Sinha]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.