In the Court of the Calcutta District Forum, Unit-I

CDF-1/Case no.372/2005

Sri Sailesh Jain,

107/E, Hazra Road, Kolkata-26                           …...     Complainant

vs.

M/s. NRJ Infotech Pvt. Ltd.,

6A, Mahendra Road,

P.S. Bhowanipore, Kolkata-25  and  others         …...  Opposite parties

Present :  Sri A.K. Das,  President

                Sri L.K. Banerjee,  Member

Order no.   10   dt. 03.04.2007

          The petitioner being consumer of the complaint has demanded refund of Rs.64271/- along with other relief since o.p.no.1 did not in part entire A.D.S.E. course causing lose of career age and harassment a d mental agony which is amounted to deficiency in service on the part of the o.p.

          It is alleged by the petitioner that he took admission in A.D.S.E. course known as Advance Diploma in Software Engineering for a 36 months duration paying Rs.64271/- (annex ‘B’) to o.p.no.1. The software classes started in June 2000. The o.p. awarded a short course certificate, annex ‘D’.

          The o.p. has stopped in the middle of the course without completing it. Thereafter petitioner wrote many letters to o,.p. who gave only reply of lawyer’s letter, annex ‘E’.

          The complainant has come before this forum for above relief as they did not complete the duration of the 3 years even after receiving entire fees in advance.

          O.p. no.1 has contended in their w/v that petitioner has completed 2 years course in their institute. They have given performance statement for the same. He neither opted for third year course nor attend  that course. However, they are prepared to refund the fees.

          O.p. nos.2 and 3 have contended in their w/v that relation between o.p.nos.1 and 2 & 3 is franchiser and franchisee.  They rendered services as franchisee to o.p.no.1. In that case complainant is not entitled to any relief against them.

          The complainant and o.p. no.1 have brought on record their evidence in the form of affidavit.

          It is appearing from the record that o.ps. have conducted classes for 24 months. The complainant’s positive grievance is that his career received severe fault as o.p. not complete the course as per promise. The o.p.no.1 has contended that the petitioner did not opt  for Aptech Computer Education (Alipore Centre) for his third year course, although request was made for option.

          There is no evidence that petitioner was requested to exercise his option for third year course or he refused to continue third year course even after deposit of the fees.

          It is now evident that o.p.no.1 did not complete the course for 36 months which was scheduled as per contract causing loss of year  and career which is gross deficiency in service on the part of the o.p.

          The o.p. nos.2 and 3 being franchisee cannot be held responsible for the alleged grievances.

          In view of the fact, petitioner is entitled to relief in this consumer complaint. Accordingly, it succeeds and awarded in the following terms.

          The o.p. no.1 is directed to pay to the complainant Rs.64,271/- (Rupees sixty four thousand two hundred seventy one) only, compensation Rs.2000/- (Rupees two thousand) only and litigation cost Rs.1000/- (Rupees one thousand) only within two months from date, failing which it will carry an interest @ 8% p.a. till recovery.

          Let the copy of this order be supplied to the parties free of cost.

Member                                                                                           President