BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> O.P.No. 254/2003 Filed on 26.06.2003<br /> Dated : 15.05.2008<br /> Complainant:<br /> Nibu Idicherir Jacob, New Bungalow, Channapetta P.O, Kollam – 691 311. <br /> (By adv. Sri. K.S. Gopinathan Nair)<br /> Opposite party:<br /> P.S. Jayakumaran Nair, Jaya Sudha, PNRA-16, Pongummoodu, Medical College P.O, Thiruvananthapuram. <br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 29.12.2003, the order was not prepared accordingly. This Forum assumed office on 08.02.2008. This O.P having been taken as heard on 30.04.2008, the Forum on 15.05.2008 delivered the following:<br /> ORDER<br /> SMT. S.K. SREELA: MEMBER<br /> Brief facts of the complaint are as follows: Complainant attracted by the advertisement in “The Hindu” daily on 11.01.2002 regarding training and recruitment for selected candidates for appointment in opposite party’s company joined two courses i.e; (1) Microsoft Certified Profession (MCP) and (2) CISCO Certified Network Associate (CCNA) on 13.02.2002 and paid Rs. 50000/- as course fees and training fees. Training was given to MCP course only and certificate was also issued. The opposite party collected the course fee and training fees Rs. 40000/- for CCNA and no training was given for CCNA. After collecting the course fee the opposite party wound up his institute to cheat the complainant and other co-trainees. The act of the opposite party has caused huge loss and damage to the complainant and that amounts to unfair trade practice. The deficiency of service on the part of the opposite party caused loss of job abroad. Hence this complaint to direct the opposite party to refund Rs. 40000/- paid for CCNA course to the complainant with 12% interest, Rs. 100000/- as compensation for loss of job abroad along with costs. <br /> The complainant has been examined as PW1 and Exts. P1 to P3 were marked on his side. Opposite party remains exparte. <br /> The points to be considered are: -<br /> (i)Whether there is deficiency in service on the part of the opposite party?<br /> (ii)Reliefs and costs.<br /> Points (i) & (ii): - The complainant is a Science Graduate with an additional qualification in Marketing and Sales Management and Data Preparation and Computer Software conducted by NCVT. The complainant’s allegation is that he has not been given training for CCNA course as agreed by the opposite party. The complainant alleges that he had paid Rs. 50000/- to the opposite party and joined two courses viz; Microsoft Certified Profession (MCP) and CISCO Certified Network Associate (CCNA) in the opposite party’s institute. The Exts. P1 and P2 prove the payment of a total amount of Rs. 50000/- to the opposite party. Ext. P2 reveals that Rs. 20000/- has been paid towards the balance payment for training fee for MCP & CCNA. Complainant has no complaint with regard to the MCP course. He admits that training was given for MCP course and certificate has also been issued. The allegation is that no training has been given for CCNA Course. Ext. P3 produced by the complainant is the advertisement of the opposite party’s institution. The complainant as PW1 has sworn that the opposite party has not been given training for CCNA course. The opposite party has not appeared to deny the same also. The complainant’s sworn statement stands unchallenged. The documents and the sworn statement of the complainant establish the case of the complainant. Since the allegations contained in the complaint are found true, the complainant has to be compensated for the injustice done to him. The exhibits produced proving the acceptance of the fee are seen in the name of opposite party. Hence it is to be contended that service as agreed has not been rendered even after the acceptance of entire amount of consideration. The opposite party has never turned up to contest the case. In such circumstance this Forum is of the view that the act of the opposite party constitutes unfair trade practice and deficiency in service on the part of the opposite party is thus established.<br /> The complainant has admitted that he has been given training for MCP Course and certificate has also been issued to him and he has no complaint with regard to MCP Course. The payment of fee is for both courses. Since the fee amount has not been mentioned separately and considering the above mentioned fact, the complainant is found entitled to get half of the total fee paid as per Exts. P1 and P2, which comes to Rs. 25,000/- only. The complainant has not adduced any evidence to prove loss of job abroad. No document in support of the same has been produced. So he is not entitled for any compensation for loss of job abroad. <br /> In the result, the opposite party is directed to repay an amount of Rs. 25000/- to the complainant along with an amount Rs. 1000/- towards compensation and Rs. 500/- towards costs of the proceedings. Time for compliance one month failing which execution proceedings can be invoked.<br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 15th May 2008.<br /> <br /> G. SIVAPRASAD,<br /> President.<br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br /> <br /> <br /> O.P.No. 254/2003<br /> APPENDIX<br /> I COMPLAINANT'S WITNESS : <br /> PW1 - Nibu Idicherir Jacob<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Copy of Demand Draft for Rs. 30000/- dated 13.02.2002.<br /> <br /> P2 - Receipt dated 29.04.2002 issued from Jay Info Systems (P) Ltd. <br /> for Rs. 20000/-. <br /> P3 - Copy of paper advertisement.<br /> <br /> III OPPOSITE PARTY'S' WITNESS :<br /> NIL<br /> IV OPPOSITE PARTY'S DOCUMENTS :<br /> NIL<br /> <br /> <br /> PRESIDENT<br />