DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.430/2012

Shri Mansher Singh Mallhi

S/o Sh. P.P. S. Mallhi

R/o B-14, Brahma Apartments,

Sector-7, Plot No.7 Dwarka,

New Delhi                                                                      ….Complainant

Versus

1.      Networkxx

Through its Manager/Managing Director

101-108,  1^st Floor, Shoppers Points, S. V. Road,

Andheri (W), Mumbai-400059

2.      Ideacount Education Pvt. Ltd.

E-19, 1^st Floor, South Ex-1,

New Delhi-11049

3.      Networkers Home

          Through its Manager/Managing Director

          L-165, 6^th Gayatri Complex,

          HSR Layout, Bangalore-560102

          Also at:

          L-149, 6^th Sector, HSR Layour

          Besides Food Days Supermarket,

Bangalore-560102

4.      Mr. Khwar Butt

          Chief Technical Officer,

          Networkers Home (previously)

          Networxx (currently)

E-19, 1^st Floor, South Ex-1, New Delhi-11049    

….Opposite Parties

                                                Date of Institution        : 27.08.12         Date of Order      : 25.04.19

Coram:

Sh. A.S. Yadav, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

1. Brief facts as stated by the complainant are:
   1. The complainant, Mansher Singh Mallhi joined a networking course of Networkers Home hereinafter referred to as OP No.3. The said course was scheduled to start on 26.09.11 and was to be completed in eight months. The complainant joined the course and deposited Rs.30,000/- towards registration fee with OP No.3  Copy of the receipt of registration is placed on record as Annexure-B.
   2. The said course comprised of Cisco Certified Internetwork Expert (CCIE) an integrated course which included CCNA, CCNP (R & S), CCNP (SEC), CCIE (SECURITY). The said integrated course was run by Networxx (OP No.1), Ideacount Education Pvt. Ltd. (OP No.2,) Networkers Home (OP No.3) & Mr. Khwar Butt (OP No.4) collectively. On 14.10.11 the complainant was informed that OP No.1 & OP No.4 were no longer associated with OP No.3 and had started operating independently. It is next averred that OP No.1 & OP No.4 assured to maintain the same standards and to impart instructions at par with the previous OPs. Thus, it was only upon their assurances that the complainant decided to continue the course with OP No.1 & OP No.4.
   3. It is further stated that in mid-November the complainant  started CCNP (R & S) course and was asked to deposit a fee of Rs.20,000/- by OP No.1 & OP No.4. The complainant paid the said amount on 21.11.11. The complainant was further asked to deposit the rest of the amount for the complete integrated course. On voicing serious reservation about deficient services being provided by OP No.1 & OP No.4 as regards over-crowded classes, short duration of classes, un-functioning equipments etc. The complainant was again extended assurances that these problems would soon be rectified. The complainant relying upon such representations made payment of Rs.50,000/- on 15.12.11 and Rs.20,000/- on 09.01.12. The complainant was again requested by OP No.1 & OP No.4 to make payment of full balance amount of Rs.1 lakh which the complainant paid in four installments on 12.01.12 through four post dated cheques bearing Nos.529839, 529840, 529841 & 529842 respectively for amount of Rs.30,000/-, Rs.,30,000/-, Rs.30,000/- and Rs.10,000/- against the acknowledgment certificate dated 12.01.12 issued by OP-1.
   4. It is next submitted that despite paying the full fee there was no improvement in the circumstances and OPs failed to fulfill their obligation and the condition rather worsened. Even the instructor left the course midway and the complainant was left in lurch. The classes were stopped. It is submitted that frustrated by the deficiency and negligence in service rendered by OP No.1 & OP No.2 the complainant stopped the payment of last two cheques and asked for refund of full amount of fees deposited. OP No.1 & OP No.4 gave an offer of returning just Rs.70,000/- vide their email dated 04.04.12. The same being not acceptable to the complainant was rejected. The complainant sent a legal notice to OP No.1 & OP No.4 which was duly served and received by them but OPs have neglected and failed to refund the fees to the complainant till date. Hence, the present complaint with the following prayers:

1. award the amount of Rs.1,80,000/- with interest @ 24% thereon from the date of withholding the fee-amount till the date of realization;
2. awarding compensation of Rs.1,00,000/- for undergoing unfair trade practices of OPs.
3. awarding compensation of Rs.1,50,000/- for the financial loss incurred.
4. awarding damages of Rs.50,000/- for mental pain and harassment alongwith the litigation costs of Rs.11,000/- to the complainant.

2.  OP resisted the complaint inter-alia stating that the complainant was himself not attending the classes duly for the reasons best known to him. It is submitted that OP No.1 & OP No.2 were functioning in association with OP No.3. Initially the classes were held by OP No.3. In the month of September, 2011 the complainant opted to undergo the course which comprised of three modules, namely, (a) CCNA (b) CCNP (c) CCIC. It is stated that upon enrollment the complainant paid the registration fee of Rs.30,000/- to OP No.3. Subsequently, the OP No.3 discontinued its association with OP No.1 & 2, thus OP No.3 and OP No.1 became two complete separate institutions/entities. The complainant opted to stay with OP No.1 & OP No.2 and not with OP No.3 on its own.
3. It is next submitted that OP No.1 & OP No.2 conveyed to the complainant that the fee for the said course would be Rs.1,90,600/- inclusive of the taxes. As per the record of OP No.1 & OP No.2 the complainant completed two complete modules of CCNA, CCNP and also part of the third module i.e. CCNA (Security). However, the complainant subsequently stopped attending the classes and further even refused to pay the balance amount. It is submitted that till date amount of Rs.1,50,000/- has been paid by the complainant to OP No.1 & OP No.2 and the balance amount of fee is still unpaid. It is next submitted that the complainant  has always been creating disturbances at the premises of OP No.1 & OP No.2 by raising frivolous issues and further by delaying payments.
   1.  Hence, denying the averments made by the complainant OP No.1 & OP No.2 have prayed for dismissal of the complaint with heavy costs.
4. Thereafter, when no one appeared on behalf of the complainant  on the relevant date complaint was dismissed in default and was restored vide order dated 15.05.14 of the Hon’ble State Commission. After restoration OPs were proceeded exparte vide order dated 06.07.15.
5. The complainant has not filed rejoinder to the written statement of OP No.1 & OP No.2.
6. Complainant has filed evidence by way of affidavit and also written arguments.
7. Having heard the submission of the learned counsel for the complainant and perusing the material placed on record carefully it is noticed that the main grievance of the complainant is that OP No.1 & OP No.2 failed to provide the promised infrastructure, technical equipments, devices and instruments for practice, spacious classes for instruction and promised duration of classes i.e. four hours daily. Additionally there was shortage of teaching faculty for holding the classes. The complainant vide email dated 29/3/12 communicated to OP-1 & OP No.2 that from last two months there have been no classes as a result he has lost two months time which was neither replied to nor rebutted in the written statement of OP-1 & OP No.2.
8. Be as it may, OP No.1 & OP No.2 vide email dated 04.04.12 gave break-up of the balance fee. For ready reference the email is reproduced as under:

As per the discussion with the management and your father, the details of your fees are as follow:-

Name of student: Mansher S. Mallhi

Invoice No.:20

Service Tax @ 10.3:Rs.20600/-

Royalty @ 40%:Rs.80,000/-

Total :Rs.150600

Total fees charged:Rs.220600

Fee to be deducted:Rs.150600

Total fee to be returned :Rs.70000

9. As break up of the fee structure is nowhere revealed in the fee receipt of OP-1 & OP No.2 and was not communicated to the complainant. OP-1 & OP No.2 cannot arbitrarily give the break up at the time of refund and volunteer to refund only Rs.70,000/-. The Forum is of the opinion that OP-1 & OP No.2 were deficient in its service and were unable to achieve the tall promises made by them in their e-mail as well in the advertisement. 
10. In the light of above discussion, we hold OP No.1 & OP No.2 guilty of providing deficient services and direct OP No.1 & 2 to refund 50% of the fee paid by the complainant i.e. Rs.90,000/- with interest @ 6% per annum from the date of filing of the complaint till realization within a period of two months from the date of receipt of copy of this order failing which OP-1 & OP No.2 shall become liable to Rs.90,000/- with interest @ 9% per annum from the date of filing of the complaint till realization.   

          Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

(Kiran Kaushal)                                                            (A.S. Yadav)

Member                                                                        President

Announced on 25.04.19