DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 29^th day of October 2018
 

Present   : Smt.Shiny.P.R. President

              : Smt.Suma.K.P. Member                                Date of filing:  09/10/2015

              : Sri.V.P.Anantha Narayanan, Member  

CC/139/2015

Mahesh.M

S/o Gangadharan.M,

Muthalenchira House,

Chunangad,

Ottapalam Taluk,

Palakkad District. 679 511.                                                    -  Complainant

(Rep.by his power of Attorney Holder, Gangadharan.M)

(By Advs.T.S.Rajeshkumar & K.Dhananjayan)

                                                                          Vs

1.  M/s NIIT Limited,

     85, Sector 32, Institutional Area,  

     Gurgeon – 122 001, Haryana State, India.

2.  M/s NIIT Limited,

     Rep.by the C.E.O/Managing Director,

     85, Sector 32, Institutional Area,  

     Gurgeon – 122 001, Haryana State, India.

3.  M/s NIIT Limited,

     Regional Office, Bangalore,

     38, 4^th B Cross, Industrial Lay Out, 5^th Block, Koramangalam,

     Next to Print Xpress, Near Jyothi Nivas College – 560095.

     (Opp.party 1,2 & 3 Adv.P.Sasidharan)

4.  NIIT Limited,

     2^nd Floor, Ottapalam Shopping Complex, Main Road,

     Ottapalam – 679 101.

5.  Madhusudhan,

     Head & Incharge of

     NIIT Limited,

     2^nd Floor, Ottapalam Shopping Complex, Main Road,

     Ottapalam – 679 101.

6.  M/s Valluvanadu Infosys Private Limited,

     2^nd Floor, Ottapalam Shopping Complex, Shornur Road,

     Ottapalam.

7.  Mr. Madhusudhan,

     Director, 

     M/s Valluvanadu Infosys Private Limited,

     2^nd Floor, Ottapalam Shopping Complex, Shornur Road,

     Ottapalam.                                                                            -  Opposite parties

O R D E R

By Sri.V.P.Anantha Narayanan, Member

          Brief facts of the case are described below. 

           The complainant joined the opposite parties educational  institution at Ottapalam on 14.08.2012 for GNIIT(Software Engineering) course with five semesters and professional practice for two semesters i.e for seven semesters in total.  The duration of the course is 36 months for which complainant was asked to pay a total fees of Rs.1,52,573/- in instalments and he paid the same accordingly.  On 14.08.2012 at the time of admission the complainant paid Rs.15,000/- for admission and registration and on 05.10.2012 complainant also paid an instalment of Rs.13,000/- demanded by the opposite party.  Thereafter the balance fees were also remitted by the complainant regularly.  According to the complainant, after joining the opposite parties educational institution, the complainant felt that there were serious disorders and mismanagement in the institution and in teaching.  Though the teaching can only be done through specially designed digital courseware, the complainant has found that the system in the institution was not working properly and was always hanging due to technical problems.  So teaching was always locked with technical problems with the result that there were several days without classes and the complainant has to return often.  The 5^th opposite party guaranteed the completion of the course within 36 months, but according to the complainant it did not materialise.  The complainant further pleads that he joined this course when he was doing BBA course in order to become a software engineer, but due to opposite parties dereliction of duty and negligence, his dreams were shattered. On the agreed duration only two semesters were completed by the opposite parties.  Although subsidy for the delay was promised by the opposite parties to the students, including the complainant no subsidy was received by the complainant, as submitted by him.  The complainant and his father requested the opposite parties many times to finish the course within 36 months, but no action was taken on their request and the negligence and dishonest act of the opposite parties caused much inconvenience and mental agony to the complainant and forced him to drop this course and joined MBA course in Chennai.  Hence complainant asked the opposite parties to issue the diploma certificate for the two semesters completed by him and the 4^th and 5^th opposite parties informed the complainant that it would be given to him within three months but not given before filing this complaint.  Complainant also requested the opposite parties on 13.06.2015 for downgrade ie. CCDIT diploma for ten months duration, but it was informed that opposite parties 4 & 5 only paid Rs.99,041/- out of Rs.1,52,573/- paid by the complainant and only Rs.47,391/- was available for refund.  The complainant pleaded that complainant was allowed only to do two semesters and entitled for refund of fees paid for the remaining semesters of Rs.1,00,923/-, even to get this amount agreed by the opposite parties, complainant approached 3^rd, 4^th & 5^th opposite parties several times and 3^rd opposite party directed him to approach 4^th opposite party to get refund of his money but it  was a failure.  The amount was not refunded to this date.  On 20.08.2015 complainant sent a registered lawyer notice calling upon the opposite parties to refund Rs.1,00,923/- which is paid by him towards the fees of the remaining semesters within seven days of the receipt of the notice and although the opposite parties received the notice, they did not give a reply.  According to the complainant, till the date of filing this complaint, no money was refunded and no certificate was issued to the complainant.  Hence the complainant prays for an order directing  the opposite parties to issue to the complainant the diploma certificate for the  1^st and 2^nd semesters completed by him.  The opposite parties to refund to the complainant Rs.1,00,923/-(Rupees One lakh nine hundred and twenty three only) which is paid by the complainant to the opposite parties towards the total fee of the course with 15% interest per year from 07.11.2014 till realisation. To direct the opposite parties to pay to the complainant Rs.3,00,000/-(Rupees Three lakhs only) as compensation for mental agony, harassment, deprivation, inconvenience, frustration, torture, loss of time, troubles, mental pain etc. suffered by the complainant due to the wilful negligence, dereliction of duty, breach of contract, breach of duty and malafide attitude of the opposite parties and cost of proceedings. 

          The complaint was admitted and notices were sent to the opposite parties 1 to 7  enter appearance and file their versions.  Opposite parties 1 to 3 entered appearance and filed their version.  Notice to opposite parties 4 to 7 were served, that they were called absent and set ex-parte. 

          In the version jointly filed by opposite parties 1 to 3, they contend that complaint is liable to be dismissed because the present complaint is false, vexatious and abuse of the process of this Forum.  The complainant does not raise any consumer dispute within the meaning of Consumer Protection Act 1986.  The complainant has not disclosed any cause of action against the opposite parties 1 to 3.  According to these opposite parties, the complainant was provided with digital course courseware which is the study material in digital form and this courseware is provided in specific machines (laptop/notebook).  Opposite parties 1 to 3 also deny the allegations made by the complainant in his complaint regarding non completion of the programme and the presence of some technical problems in the education centre; CGSE is a part time programme and the complainant was pursuing BBA (fulltime UG programme) and the complainant was attending the CGSE classes as per his convenience.  The complainant never approached nor raised any objection regarding the delay in conducting the course at any time nor alleged that programme system was not working properly till the complainant applied for downgrade on 13.06.2015.  The complainant was allowed to do 2 semesters only and was entitled for refund of remaining fees of Rs.1,00,923/-(Rupees One lakh nine hundred and twenty three only) and the opposite parties denied the receipt of lawyer notice dated.20.08.2015.  Opposite parties also denied that due to their dereliction of duty, and negligence the course never ended up and after three years only two semesters were completed by the opposite parties and the subsidy was promised to be given to the students by the opposite parties and only after one and half years the 1^st semester was completed which was to be completed in six months.  Opposite parties also denied that complainant and his father requested the opposite parties many times to finish the course within 36 months.  According to these opposite parties, complainant was not interested in doing CGSE and hence he applied for downgrade and wanted refund of excess fee.  That the complainant is entitled for Rs.3,00,000/- compensation is also denied by these opposite parties.  According to these opposite parties after completing the BBA course, the complainant took admission in higher level programmes i.e MBA.  The allegation that due to negligence and dishonesty of the opposite parties, the complainant took admission in MBA course is also denied by these opposite parties.  Since the complainant deposited only Rs.99,041/- (Rupees Ninety nine thousand forty one only), he is due to receive the excess fee of Rs.47,391/-(Rupees Forty seven thousand three hundred and ninety one only).  These opposite parties also deny that they have misappropriated the fees and they are liable to refund this amount of Rs.1,00,923/-(Rupees One lakh nine hundred and twenty three only) with 15% interest.  They contend that, after voluntarily applying for downgrade to CCGIT course, complainant failed to complete the formality of downgrading by executing the process related documents.  Unless he does so, his certificate for CCDIT cannot be generated since the complainant has completed the required formalities, he is entitled for the excess fees of Rs.47,391/-(Rupees forty seven thousand three hundred and ninety one only).  These opposite parties also deny the contents of Paras 6,7 & 8 of the complaint.  Complainant is not entitled for Rs.4,14,881/-(Rupees four lakhs fourteen thousand eight hundred and eighty one only) demanded by him.  Complainant is also not entitled for refund of fees of Rs.1,00,923/- (Rupees One lakh nine hundred and twenty three only) and 15% interest per annum thereon, along with compensation of Rs.3,00,000/- and litigation cost and any appropriate relief.  Hence opposite parties 1, 2 & 3 pray that present complaint may be dismissed with exemplary cost in favour of 1^st opposite party. 

Complainant and opposite parties 1,2 & 3 filed their affidavit and documents marked as Exts.A1 to A37 were marked from the side of the complainant and from the side of opposite parties Exts.B1 to B3 were marked.  Complainant was cross examined as PW1.  Complainant also filed interrogatories and answers were filed by the 1^st to 3^rd opposite parties. 

Following issues are considered in this case.

1. Whether there is any deficiency in service and/or unfair trade practice on the part of the opposite parties?
2. If so, what is the relief and cost entitled to complainant ?

Issues 1 & 2

          The complainant joined the opposite parties educational institution at Ottapalam on 14/8/2012 for GNIIT (Software Engineering) course with five semesters and professional practice for two semesters for a duration of 36 months for which a total fees of Rs.1,52,573/- was paid by the complainant; which is clear from Exts.A1 to A28.  Since complainant has studied only two semesters in opposite parties educational institution, the opposite parties are liable to refund fees paid by the complainant for five semesters not studied by him, demanding which complainant sent lawyer notices to the opposite parties which is proved by Exts.A29 to A31.  The opposite parties received the lawyer notices which is clear from Ext.A32.  They did not send replies to the lawyer notices nor refunded so far the fees for the five semesters not studied by the complainant.  Hence this complaint is filed.  

          In the version filed by the opposite parties 1 to 3, they agreed that the complainant joined opposite parties educational institution for GNIIT course in software engineering, but alleged that complainant paid only Rs.99,041/- (Rupees ninety nine thousand forty one only) against the total fees of Rs.1,46,650/-(Rupees one lakh forty six thousand six hundred and fifty only).  According to the opposite parties 1 to 3, the complainant did not complete formalities of downgrade and hence the excess refund of Rs.47,391/- (Rupees forty seven thousand  three hundred and ninety one only) could not be processed by the opposite parties 1 to 3.   The opposite parties 1 to 3 have produced 3 exhibits namely Exts.B1, B2 and B3 to prove their contentions.  These opposite parties also contend that complainant has never approached nor raised any objection regarding delay in conducting the course at any point of time or that programme system was not working properly till he applied for downgrade on 13/6/2015, with these opposite parties.

          After perusing the affidavits and documentary evidences produced by both the complainant and the opposite parties 1 to 3, we observe that the certificate for CCDIT was seen produced before this Forum for giving the same to the complainant only on May 31, 2017.  Thus we understand that 19 months have elapsed after filing this complaint for the complainant; to get this valuable certificate from the opposite parties which demonstrates that grave deficiency in service and unfair trade practice have occurred on the part of opposite parties.  We also note that although complainant requested the opposite parties on 13/6/2015 for downgrade the CCDIT Diploma for 10 months duration, no action has been seen taken by the opposite parties on the application for downgrade given on 13/6/2015 until after nineteen months of the date of filing this complaint.  This also shows very serious deficiency in service and unfair trade practice found to have been committed by the opposite parties which resulted in huge mental agony having occurred to the complainant and his family because inordinate delay in issuing CCDIT certificate by the opposite parties must have gravely affected the complainant’s prospects of getting a good job as early as possible.  We also observe that after adjusting the fees for two semesters for which complainant has studied for the GNIIT software engineering course in the opposite parties educational institution, the balance fees remitted by the complainant for the remaining five semesters nor studied by him are not seen refunded to the complainant so far which also shows gross deficiency in service and unfair trade practice being committed by the opposite parties.  Further we also understand that in the opposite parties educational institution specially designed digital courseware was not working properly and was always hanging due to technical problem with the result that there were several days without classes in the opposite parties educational institution which also demonstrates very serious deficiency in service on the part of the opposite parties inspite of high fees collected from the complainant by the opposite parties in advance and complainants’ aim and ambition to become a software engineer with which motive he has joined this opposite parties institution have been dashed into pieces due to the opposite parties dereliction of duty, negligence and failure to complete seven semester course within the duration of 36 months.  We also observe that in the agreed duration of 36 months only two semesters were seen completed inspite of the complainant having paid all the fees due from him promptly.  Finally and very importantly this long delay to complete the GNIIT course in software engineering has forced the complainant to change his subject of study from engineering to management and for which purpose he went to Chennai and joined the MBA course there after discontinuing his CGSE software engineering course in the opposite parties educational institution which is very clear from the deposition of complainants father before this Forum as PW1 on 31.05.2017 icnbmb coXnbn ¢mkpIÄ \S¯m\mhm¯XpsIm­v Ip«nIÄ ]ncnªpt]mbn.  aq¶p hÀj¯n\pÅn c­p skaÌdpIÄ am{Xsa IgnªpÅq.  aq¶psImÃs¯ tImgvkv Ignªn«nÃ.  Thus after considering all the above aspects we conclude that there has happened on the part of the opposite parties dereliction of duty, breach of trust, breach of contract, grave deficiency in service and serious unfair trade practice which has caused huge mental agony and financial difficulties to the complainant and his family.  Take in to consideration all the above we decide to allow the complaint. 

           We order the opposite parties 1 to 7 jointly and severally to refund to the complainant the fees of the five semesters not studied by him of Rs.1,08,981/-(Rupees One lakh eight thousand and nine hundred and eighty one only) but which are seen already collected in advance from the complainant by the opposite parties for studying in the opposite parties educational institution for the GNIIT(software engineering course); in addition, all the opposite parties 1 to 7 are also jointly and severally ordered to be liable to pay to the complainant Rs.15,000/-(Rupees Fifteen thousand only) by way of compensation for mental agony and pain suffered by him and his parents due to non completion of the GNIIT course in time.  Further Rs.3,000/-(Rupees Three thousand only) are also ordered to be paid jointly and severally by the opposite parties 1 to 7 to the complainant towards litigation expenses incurred by him in proceeding with this case.

          This order shall be executed within 30 days of the date of receipt of this order; or else complainant is also entitled to receive interest at 9% p.a on the total amount due to him from the date of this order till realization.

          Pronounced in the open court on this the 29^th day of October 2018.

                                                                                                     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 -  Original fees receipt dated.14.08.2012 issued by opposite party No.4 to the

             complainant

Ext.A2 -  Original fees receipt dated.5.10.2012 issued by opposite party No.4 to the

             complainant

Ext.A3 -  Original fees receipt dated.5.11.2012 issued by opposite party No.4 to the

             complainant

Ext.A4 -  Original fees receipt dated.27.11.2012 issued by opposite party No.4 to the

             complainant

Ext.A5 -  Original fees receipt dated.6.12.2012 issued by opposite party No.4 to the

             complainant

Ext.A6 -  Original fees receipt dated.7.1.13 issued by opposite party No.4 to the

             complainant

Ext.A7 -  Original fees receipt dated.8.2.13 issued by opposite party No.4 to the

             complainant

Ext.A8 -  Original fees receipt dated.4.3.13 issued by opposite party No.4 to the

             complainant

Ext.A9 -  Original fees receipt dated.9.4.13 issued by opposite party No.4 to the

             complainant Ext.A10-  Original fees receipt dated.8.5.13 issued by opposite party

             No.4 to the complainant

Ext.A11-  Original fees receipt dated.6.6.13 issued by opposite party No.4 to the

             complainant

Ext.A12-  Original fees receipt dated.6.7.13 issued by opposite party No.4 to the

             complainant

Ext.A13-  Original fees receipt dated.7.8.13 issued by opposite party No.4 to the

             complainant

Ext.A14-  Original fees receipt dated.7.9.13 issued by opposite party No.4 to the

             complainant

Ext.A15-  Original fees receipt dated.9.9.13 issued by opposite party No.4 to the

             complainant

Ext.A16-  Original fees receipt dated.4.11.13 issued by opposite party No.4 to the

             complainant

Ext.A17-  Original fees receipt dated.7.12.13 issued by opposite party No.4 to the

             complainant

Ext.A18-  Original fees receipt dated.10.1.14 issued by opposite party No.4 to the

             complainant

Ext.A19-  Original fees receipt dated.7.2.14 issued by opposite party No.4 to the

             complainant

Ext.A20-  Original fees receipt dated.8.3.14 issued by opposite party No.4 to the

             complainant

Ext.A21-  Original fees receipt dated.06.4.14 issued by opposite party No.4 to the

             complainant

Ext.A22-  Original fees receipt dated.7.5.14 issued by opposite party No.4 to the

             complainant

Ext.A23-  Original fees receipt dated.9.6.14 issued by opposite party No.4 to the

             complainant

Ext.A24-  Original fees receipt dated. 8.7.14 issued by opposite party No.4 to the

             complainant

Ext.A25-  Original fees receipt dated. 06.8.14 issued by opposite party No.4 to the

             complainant

Ext.A26-  Original fees receipt dated.10.9.14 issued by opposite party No.4 to the

             complainant

Ext.A27-  Original fees receipt dated.8.10.14 issued by opposite party No.4 to the

             complainant

Ext.A28-  Original fees receipt dated.7.11.14 issued by opposite party No.4 to the

             complainant
Ext.A29- True copy of lawyer notice dated.20.8.15 sent by the complainant’s counsel to the

            1^st  opposite party with postal receipt

Ext.A30- True copy of lawyer notice sent by the complainant’s counsel to the 3^rd opposite

             party with postal receipt

Ext.A31-  True copy of lawyer notice sent by the complainant’s counsel to the 4^th opposite

             party with postal receipt

Ext.A32- Acknowledgment card signed by 3^rd opposite party

Ext.A33- True copy of Letter dated.10.09.15 sent by the complainant’s counsel to the Post

             Master, Head Post Office, Ottapalam with Acknowledgment card received from the

             Post Master  (original)

Ext.A34- Original intimation sent by Post Master, Head Post Office, Ottapalam to the

             complainants counsel

Ext.A35-  Application for downgrade, refund request status and confirmation of

              Downgrade (computer generated copy) (Marked with objection)

Ext.A36-Programme summary consisting of the attendance of the complainant  (computer

             generated copy) (Marked with objection)

Ext.A37- Details of the books allotted to the complainant (computer generated copy)

             (Marked with objection)

Exhibits marked on the side of Opposite parties
Ext.B1 -  Annexure – R/1 – copy of agreement dated.25.02.12 entered by the licensee with

              M/s NIIT limited

Ext.B2 -  Annexure – R/2 – Documents called Student Information System (SIS) generated

             by encore

Ext.B3 -  Annexure – R/3 – The printout of computer showing the information regarding

             downgrade

Witness examined on the side of complainant

PW1    -  Gangadharan

Witness examined on the side of opposite parties

Nil

Cost  

          Rs.3,000/-