West Bengal

Kolkata-I(North)

CC/243/2015

Mrs. Chandrani Chakraborty - Complainant(s)

Versus

NIIT Ltd. and another - Opp.Party(s)

12 May 2017

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/243/2015
 
1. Mrs. Chandrani Chakraborty
D/o Sri Chandra Bhusan Chakraborty, Ananda Bhawan, No. - 4, Deshbandhu Nagar, P.O. - Sodepur, Kolkata - 700110.
...........Complainant(s)
Versus
1. NIIT Ltd. and another
Azimganj House, 7, Camac Street, P.S. - Shakespeare Sarani, Kolakata - 700017.
2. Miss Nabanita, the counselor of NIIT Ltd.
Azimganj House, 7, Camac Street, P.S. - Shakespeare Sarani, Kolakata - 700017.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 12 May 2017
Final Order / Judgement

Order No.  14  dt.  12/05/2017

Complainant filed this case against the o.ps. with the allegation that the o.p.1 is a study centre invited the student for admission in various courses which is approved by UGC and with the said declaration by the o.ps. the complainant applied for taking admission in GNIIT Course. It was also informed to the complainant that she will be provided with the stipend of Rs.10,000 to Rs.15,000/- p.m. The GNIIT is equivalent to graduation and she can take admission directly from the 4-Semestar of B.Sc (IT) regular degree course under Karnataka University. The complainant on the basis of the said fact the complainant paid an amount of Rs.60,000/- while the complainant received the receipt from the o.p. the said amount of Rs.60,000/- was adjusted if this way {(Rs.45,284) – (with ANIIT course) + (Rs.14,716)}s  adjusted for six short time crash course. The complainant further paid an amount of Rs.36,629/- and in such manner the complainant paid an amount of Rs.1,55,812/-. The complainant was informed that in  the month of June,2013 the course fee was enhanced. The complainant got the information that the course conducted by the o.p. was affiliated to Kuvempu University instead of Karnataka University and also the B.Sc course although were regular but were of distance courses.

The complainant requested the o.ps. for a professional practice course but the o.p. informed that she was not entitled to get the professional practice course due to fact that she was under graduate and she was more than 26 years of age. The complainant after communication with the UGC came to learn that she has fallen in the trap of the o.p. After coming to know of the malpractice of the o.p. the complainant demanded the amount paid by her to the tune of Rs.1,55,812/- but the o.p. refused to pay the said amount. The complainant on the basis of the said fact filed this case praying for refund of the said amount from the o.p. as well as compensation and litigation cost.

The o.p. did not contest the case as such the case has proceeded ex parte.

The complainant in order to prove the case filed the evidence on affidavit. The complainant also filed the documents to show she paid the  amount to the o.ps. the evidence of the complainant established the fact that the complainant was given the assurance by the o.p. that she would be provided interneeship and she will get Rs.10,000/- p.m. during the period of her study. Neither such amount was paid nor the course conducted by the o.ps allegedly affiliated by Kuvempu University was not recognized by UGC. It is also found from the materials on record that the complainant after coming to know of the fact of being received by the o.ps. the complainant demanded the amount paid by her undoubtedly the said fact proves that there was deficiency in service on the part of the o.ps. Accordingly we hold that the complainant will be entitled to get the relief as prayed for.

Hence, ordered.

That the CC no.243/2015 is allowed exparte against the o.ps with cost.

O.ps are jointly and severally liable to refund the amount of Rs.1,55,812/- and compensation of Rs.20,000/- and litigation cost of Rs.2,000/- and o.ps are directed to pay the said amount within 30 days from the date of received of the copy of the order failing which the complainant will be entitled to get interest @ 10% p.a. till the realization of the said amount.

Supply certified copy of this order to the parties free of cost.                                    

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER

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