Punjab

Ludhiana

CC/16/388

Maninder singh - Complainant(s)

Versus

NIIT - Opp.Party(s)

compl.in person

10 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

 

Consumer Complaint No. : 388 of 18.05.2016

   Date of Decision       : 10.10.2019 

 

Maninder Singh s/o Nanak Singh r/o 11378/13, Street No.2, Pavittar Nagar, Haibowal Kalan, Ludhiana.

….. Complainant

Versus

 

1.Niit Ltd., Plot No.85, Sector 32, Gurgaon, Haryana-122002 through its M.D./Proprietor/Partner/Chairman/Area Head/Manager.

2.PH Informatics Pvt. Ltd., Licensee of Niit Ltd, 2^nd Floor, Red Cross Building, The Mall, Ludhiana through its M.D./Proprietor/Partner/Chairman/Manager/Cashier.

3.Niit Ltd/Niit Ludhiana Centre, SCO 12, IIIrd Floor, Near Swani Motors, Feroze Gandhi Market, Ludhiana-141001 through its M.D./Proprietor/Partner/ Chairman/Manager/Cashier.

…Opposite parties

 

          (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

MS.JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.M.S.Toor, Advocate

For OP1 and OP3          :         Ms.Barjit Kaur, Advocate

For OP2                         :         Ex-parte

 

PER G.K DHIR, PRESIDENT 

1.                          Complainant got enrolled himself for three years course of GNIIT in Software Engineering through registration No.R131155400328 with NIIT, The Mall, Ludhiana on 8.6.2012. This enrollment was under the administration and supervision of Op2, who is licensee of Op1. Complainant claims to have successfully completed his course, but is still awaiting the certificate, even though several requests have been sent. Op2 undertook on 26.11.2015 for issue of certificate in 20 days. OP2 on behalf of licensee of NIIT Limited (OP2) assured the complainant that after completion of course, job will be provided to him. However, even after completion of course, matter        is dilly-dallied for want of certificate. It is claimed that due to grave negligence on the    part of Ops, complainant continued to be suffering and that is why this complaint filed after serving the legal notice dated 16.2.2016 for seeking direction to Ops to issue the certificate/degree/diploma as applicable as per the course. Compensation for mental agony and harassment of Rs.1 lac along with interest @18% per annum also claimed.

2.                In written reply jointly filed by OP1 and Op3 dated 20.10.2016, it is pleaded interalia as if complaint is false, frivolous and vexatious; complaint does not raise any consumer dispute; no cause of action accrued to the complainant against the replying Ops and this Forum has no jurisdiction because there was no deficiency in service on the part of replying Ops. As per record maintained in Encore, the complainant did not complete the GNIIT course and therefore, he is not entitled to have the certificate. It is claimed that M/s NIIT Limited is a company duly incorporated under the Companies Act, 1956 and it is carrying business of imparting computer education to the students. This NIIT is a system driven organization wherein, every student’s information is made available to the student. A prospective student can have access to the portal www.niitstudnet.com for enabling himself to go through the student handbook. Terms contained in the handbook governs the contract between the students and OP company. After getting admission in the NIIT program, the student is provided each and every information pertaining to his/her, as the case may be of education delivery, fee status, examination and appraisal (mark sheets) etc. All records pertaining to student management including the fee, attendance, examination, evaluation etc, is maintained in an online student management system called Encore. On 24.02.2012, NIIT Limited under the agreement known as “NIIT License Agreement (Network) (Eight Term) permitted M/s Informatics Pvt. Ltd, a company incorporated under the Companies Act to setup and run the computer education centre at Surya Kiran Building, 1^st Floor, The Mall, Ludhiana as per terms and conditions of the said agreement. As per clause 4.6 of the agreement, OP2 as licensee will be entitled to collect and receive course fees including courseware fee, administration fee, tuition fee, career development services fee, transfer fee, inter-centre transfer fee, admission status change fee, statue of limitation extension fee, prospectus fee advances and deposits and the licensee shall issue the receipts to the students. Op2 had been collecting the course fee from the complainant. All such collected fees by OP2 entered in the Centralized System known as Encore. Relationship between OP2 and Op1 was on principal to principal basis as per clause 8.2 of the agreement. As per Student Information Service (SIS) maintained by Op2, the complainant got admission in GNIIT Course with OP2 on 31.07.2012 with registration No.R131155400328 and Student ID:S131155400221. This GNIIT Course comprises of six semesters (3 years), out of which, four semesters are of classroom training and last two semesters are called ‘Professional Practice (PP)’. Learning feature of PP depends upon known concept of collaborative learning (learning conducted in collaboration with the industry) and involves the learner, representatives of NIIT Centre and the professional organization(where the learner is located for the duration of PP) represented by mentor. The learner is facilitated with PP interview with the PP site and upon being selected he undergoes for learning there. An estimated   one lakh learner’s have benefited from this unique programme. In the last few years, more than 9000 such learners have entered the IT, IT users and ITES Industries through PP. Over 3800 organizations are enlisted as PP site. Complainant was aware of the importance of PP and was also having knowledge regarding feature of the course completion. Complainant left the course without completing PP at a particular organization. On 4.12.2015, complainant had taken the fourth semester examination, but thereafter, did not submit the PP form and other certificates including the degree certificate, which were required as proof of his qualification. Replying Ops made various efforts through mail and telephonic calls at the complainant’s registered mobile number for intimating about the same, but to no avail. Copy of brochure and student handbook shared with the complainant and copy of emails exchanged between the complainant and Ops and copy of student information system(SIS) are alleged to be annexed with the written reply. It is claimed that complainant had also got admission in various other courses conducted by NIIT like Swift Course, Diploma in Mobile Application, Networking Course and English Course. For the Swift Course and Diploma in Mobile application, the complainant has already been issued the course completion certificate which clearly reflect the commitment on the part of replying Ops to deliver the services. As far as other courses are concerned, since the complainant failed to complete the same, therefore, certificate could not be issued to the complainant. Despite giving various reminders, the complainant did not bother to contact NIIT representative to update about his graduation details or any other credential. The GNIIT completion certificate can be issued only after the PP formalities are completed as well as profile are completed with his academic credential. Other averments of complaint denied with  prayer for dismissal of complaint.

3.                It may be mentioned here that a separate written reply on behalf of OP3 through earlier engaged counsel even was filed on 31.8.2016, where-through, it is claimed that complainant has no cause of action against OP3. Complainant has never remained the student of OP3 and nor he ever enrolled with the centre of OP3.     Rather, through this reply, it is claimed as if Op3 has wrongly been impleaded as a party to the present complaint. Even it is claimed that OP2 has no concern with Op3 because Op3 is totally different institution. It is claimed that OP3 is only a license holder for using the name of NIIT. OP3 started its institution on 28.7.2015, whereas, complainant   got admission with OP2 on 8.6.2012 as per information given in the complaint. Proprietor of OP3 is Sumeet Chopra. Copy of license agreement  of OP3 also alleged to be annexed with written reply. There was no negligence on the part of OP3 and moreover, OP3 was not liable to issue any certificate to complainant. Even Op3 has no role in issue of certificate to the complainant. By denying the other averments of complaint, prayer made for dismissal of complaint.

4.                OP2 in this case is ex-parte.

5.                Complainant to prove his case tendered in evidence his affidavit Ex.CA along with documents Ex.CA1 to Ex.CA18 and thereafter, his counsel closed the evidence after tendering affidavit Ex.CA/18 of Sh.Nank Singh, father of complainant.

6.                On the other hand, counsel for Op1 and OP3 tendered in evidence affidavit Ex.RA Sh.Bikas Kumar Jha, authorized representative of Op1 along with documents annexure-R1 to annexure-R4 and thereafter, counsel for OP1 and Op3 closed the evidence.

7.                          Written arguments in this case submitted by appearing counsels. Appearing counsels claims that no oral arguments to be addressed by them, so after pursuing the written arguments and after carefully going through the file, this complaint decided on merits through this order. 

8.                 Complainant has produced on record photostat copies of receipts Ex.CA/1 to Ex.CA/13 for claiming that fees for GNIIT course have been continued to be deposited with NIIT Centre, The Mall, Ludhiana. After going through Ex.CA/1, it is made out as if this fee of Rs.5000/- paid regarding the program of GTID9 and the same fact even reflected in Ex.CA/2 to Ex.CA/12. However, in Ex.CA/13, it is mentioned as if fee of Rs.38,775/- accepted for GTID9 program as well as for DMAAP program. So, this documentary evidence produced by the complainant itself shows that complainant got admission with NIIT Centre at Ludhiana not for one course, but for more courses and that is why mention of DMAAP program made in receipt Ex.C13 also. In such circumstances, plea taken in affidavit Ex.RA or in written statement submitted by Op1 and OP3 dated 20.10.2016 is correct that complainant got admission in various courses conducted by NIIT like Swift Course, Diploma in Mobile application, English Course and networking course. It is claimed through affidavit Ex.RA and written reply referred above as if complainant has been issued the course completion certificates with respect to Swift Course and Diploma in mobile application. If such certificates for completion of Swift Course and Diploma in Mobile Application course had been issued by Op1 and Op3 to the complainant, then certainly they would have issued the certificate for GNIIT Course also, if the said course would have been completed by the complainant. Submissions of counsel for Op1 and Op3 in this respect are not devoid of merits, more so when specific     plea in this respect has been taken in written arguments as submitted by Ops because GNIIT course is comprised of six semesters (three years), out of which, four semesters    are of class room training and last two semesters are of professional practice, but complainant left the course midway by completing four class room semesters,  and without completing the professional practice semesters. It is the specific case of     OP1 and Op3 that complainant took 4^th semester examination on                   4.12.2015, but thereafter, did not submit the PP form and other certificate including the degree certificate required as a proof of his qualification.

9.                Counsel for complainant relies on certificate Ex.CA/17 issued by NIIT Ludhiana Centre situate in Red Cross Bhawan, The Mall, Ludhiana on 26.11.2015 for claiming that in view of this certificate , the certificate regarding completion of GNIIT Course must have been issued because complainant has completed his course. Through Ex.CA/17 assurance was given for issuance of certificate within 20 days, but despite that same has not been issued and as such, it is vehemently contended that there is deficiency in service on the part of Ops. This certificate Ex.CA/17 is of date 26.11.2015, but as referred above, as per case of Op1 and Op3, complainant has not completed the professional practice semesters and as such certainly in view of requirement of completing this semester course, certainly GNIIT course certificate could not have been issued to the complainant by Ops. Rather, it is the specific case of OP1 and Op3 that complainant after taking 4^th Semester examination on 4.12.2015, left the course without submitting the PP Form. That certificate Ex.CA/17 issued on 26.11.2015 at the most shows as if complainant completed the 4    classroom training semesters only.

10.              Perusal of page no.4 of copy of annexure-R/2 i.e. Academic Regulations Student Hand Book shows that certificate to be issued on successful completion of program under NIIT Hologram. So, one of the condition for issue of certificate is of completion of programme course. As per program schedule and attendance contained in clause 1.2 of annexure-R/2 at page no.5, a student, who is absent for a calendar duration of 21 days is designated as a dropout and disallowed from further services till re-instated. Perusal of Student information sheet of complainant produced as annexure-R/4 shows as if he got admission in various courses by attending the same until 30.11.2015 and as such, case of Ops is believable that complainant did not join after 4.12.2015 for professional practice semester. After going through annexure-R/3, it is made out that GNIIT Academic structure is based on system design to offer learning flexibility to students. A credit is a basic measure of student workload. The program architecture defines the overall number of credits that a student must accumulate, for being awarded the programme title or degree. In annexure-R/3 itself, it is mentioned that students pursuing GNIIT programme are expected to complete two semesters of professional practice(PP) by working full time in organization. Each of the semesters of professional practice is assigned a credit load of 20 credits. Further as per annexure-R/3, any GNIIT student necessarily has to accumulate 40 credits through professional practice. So, in view of contents of annexure-R/3, it is made out that besides four academic semesters, a candidate must have joined two professional practice semesters for getting GNIIT degree. Complainant through Ex.C17 at the most is able to show as if he completed four academic semesters. However, criteria for grant of GNIIT degree is of undergoing two professional practice semesters also. Complainant failed to prove that he went through these two professional practice semesters also and as such, certainly complainant not entitled to certificate of completing GNIIT course. Being so, there is no deficiency in service on the part of Ops in not supplying GNIIT certificate.

11.              Otherwise also, this Forum has no jurisdiction because as per law laid down in case titled as IDP Education India Pvt. Ltd vs. Gaganpreet Singh bearing First Appeal No.59 of 2017 decided on 11.7.2017 by Ist.Addl.Bench of the Hon’ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh, educational institutions do not provide any kind of services and as such, in matter of admission, fees etc, there cannot be a question of deficiency in service. It has been held in this case that education is not a commodity as per law laid down by the Hon’ble Apex Court of Country in cases titled as Maharishi Dayanand University vs. Surjeet Kaur-2010(2)CPC-696(S.C.) and P.T.Koshy & another vs. Ellen Charitable Trust & others-2012(3)CPC-615. So, a student is neither a consumer and nor the educational institutions renders any consumer services and  as such, consumer complaint is not maintainable as per ratio of this case. Ratio of this case is fully applicable to the facts of the present case.

12.              Therefore, as a sequel of the above discussion, complaint dismissed, but with the observations that complainant will be at liberty to avail appropriate remedy before appropriate Forum/Court for redressal of his grievance. Copies of order be supplied to parties free of costs as per rules.

13.                        File be indexed and consigned to record room.

 

 (Jyotsna Thatai)                                               (G.K.Dhir)

 Member                                                     President

Announced in Open Forum

Dated:10.10.2019

Gurpreet Sharma.