Date of Filing: 16-11-2016 Date of Final Order: 29-08-2017
Sri. Debangshu Bhattacharjee. Member.
This is an application under Section 12 of CP Act, 1986 filed by Mr. Mintu Barman, Complainant, against Mr. Rabindra Nath Barman (O.P-No-1), Mr. Tapash Barman (O.P-No-2) and The Director of (R.G.Y.C.S.M) (O.P-No-3), praying for issue proper certificate along with Rs.5.000/- as compensation, Rs.5000/- towards mental pain and agony,Rs.5000/- as litigation cost.
The case of the Complainant in short is that the complainant Mr. Mintu Barman took admission in Barman Computer Training Centre, Chakkir chhara, P.O-Nishiganj, P.s- Mathabhanga, Dist- Coochbehar on 04/07/2013 for one year Advance Diploma in Office Accounts and Publishing under the banner of “ Rajeev Gandhi Computer Saksharta Mission”( R.G.C.S.M).The complainant paid the total course fee of Rs. 6400/- (Six thousand four hundred only) to the OPs. The complainant completed the course in the year 2016. The O.P.No-1&3 issued a certificate under the banner of “ Rajeev Gandhi Youth Computer Saksharta Mission”( R.G.Y.C.S.M) in spite of “ Rajeev Gandhi Computer Saksharta Mission”( R.G.C.S.M).
Further case of the Complainant is that the OPs did not issue proper certificate to the complainant. Due to such activity of the OPs the Complainant suffered huge loss and also suffered mental pain and agony and he is harassed by the OPs. Accordingly, the Complainant filed this case for proper reliefs.
All the O.Ps has contested the case by filing written version denying all material allegation of the complaint contending inter-alia that the case is not maintainable and the Complainant has no cause of action to bring the case. The main contention of the O.P No-1&3 is that they were the part of Barman computer centre, under the banner of “ Rajeev Gandhi Computer Saksharta Mission”( R.G.C.S.M). The complainant took admission in the centre in the year2013. But, the complainant fail to finish his one year course within due time. In the year 2015 the partnership between O.P-No1,3 &2 was dissolved. O.P No-1&3 took the franchisee of “ Rajeev Gandhi Youth Computer Saksharta Mission”( R.G.Y.C.S.M). On a good faith O.P No-1&3 gave a chance to the complainant to finish his course from the new centre. O.P No-1&3 issued proper certificate to the complainant after the finish of the course without taking extra amount from the complainant. Ultimately, the O.P No-1&3 prayed for dismissal of the case.
In addition to the submission the of O.P No-1&3 the O.P-No-2 added that the cause of action arose on 06/02/2016 which was long after the date when the O.P-No-2 left the partnership of Barman Computer Training Centre completely and forever. Ultimately, the O.P No-2 also prayed for dismissal of the case and set him free from the case.
In the light of the contention of the both parties the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, perused the entire documents in the record also heard the both parties.
Point No.1.
The complainant took admission in Barman Computer Training Centre, Chakkir Chhara, P.O-Nishiganj, P.s- Mathabhanga, Dist- Cochbehar for one year “Advance Diploma in Office Accounts and Publishing”. The complainant paid the total course fee of Rs. 6400/- (Six thousand four hundred only) to the OPs on payment of bills.
So, the Complainant is a consumer under Section 2(1) (d) (ii) of CP Act, 1986 under the O.Ps.
Point No.2.
Office of the O.Ps is situated at Chakkir Chhara, P.O-Nishiganj, P.s- Mathabhanga, Dist- Cochbehar within jurisdiction of this Forum and total valuation of this case far less than pecuniary limit of this Forum.
So, this Forum has territorial and pecuniary jurisdiction to try this case.
Point No.3 & 4.
Both points are taken up together for convenience of discussion.
We find that the Complainant, took admission in Barman Computer Training Centre, Chakkir chhara, P.O-Nishiganj, P.s- Mathabhanga, Dist- Coochbehar on 04/07/2013 for one year diploma in Office Automation and Publishing under the banner of “ Rajeev Gandhi Computer Saksharta Mission”( R.G.C.S.M).The complainant paid the total course fee of Rs. 6400/- (Six thousand four hundred only) to the OPs. The complainant completed the course in the year 2016. The O.P.No-1&3 issued a certificate under the banner of “ Rajeev Gandhi Youth Computer Saksharta Mission”( R.G.Y.C.S.M) in spite of “ Rajeev Gandhi Computer Saksharta Mission”( R.G.C.S.M). According to the documents produced by the complainant it is being cleared that both the R.G.Y.C.S.M & R.G.C.S.M are ISO 9001:2008 Certified organization and both are Autonomous organization registered under the Public Trust act and Ministry of Corporate Affairs. Certificate Registered Under C.R Act 1957,MHRD (Dept. of Secondary and Higher Education) Govt. of India. So, in our view the value of the certificate of both the R.G.Y.C.S.M & R.G.C.S.M are the same. O.P.No-1&3 did nothing unfair by issuing certificate to the complainant under the banner of “ Rajeev Gandhi Youth Computer Saksharta Mission”( R.G.Y.C.S.M) in spite of “ Rajeev Gandhi Computer Saksharta Mission”( R.G.C.S.M).
According to the complainant he took admission in Barman Computer Training Centre on 04/07/2013. Complainant paid his total course fees in Barman Computer Training Centre as installment basis. He paid “12” installments to the OPs. (Annexure-2(12) of the complainant).The last installment paid on 05/07/2016. So, it is clear that the complainant was not able to complete his course within one year. O.P.No-2 submitted a deed of dissolution of partnership which reflects that the partnership between O.P No-1&2 was dissolve in 14/09/2015. After that O.P No-1&3 took the franchisee of “ Rajeev Gandhi Youth Computer Saksharta Mission”( R.G.Y.C.S.M). On a good faith the O.P No-1&3 gave a chance to the complainant to finish his course from their new computer centre, without investing any amount. According to the document supplied by the complainant (Annexure-4) it is established that he he successfully completed the ADOAP (Advance Diploma in Office Accounts and Publishing) course during Sept-2015 to Aug2016 under the banner of “ Rajeev Gandhi Youth Computer Saksharta Mission”( R.G.Y.C.S.M) run by the O.P.no-1&3.
The complainant was unable to produce a scrap of paper which can prove that he faced any problem with the certificate of “ Rajeev Gandhi Youth Computer Saksharta Mission”( R.G.Y.C.S.M) in spite of “ Rajeev Gandhi Computer Saksharta Mission”( R.G.C.S.M).or he suffered any monitory loss for this purpose.
So, this will not be a right decision to issue an order to the OPs for issuing proper certificate to the complainant.
Considering over all matter into consideration and materials on record, we are constrained to hold that there was no deficiency in service, harassment to the complainant or adoption of unfair trade practice on the part of the O.Ps. and the case is liable to be dismissed.
Thus, these points are decided against the Complainant.
Accordingly, the case fails.
ORDER
Hence, it is Ordered that,
The present Case No. CC/100/2016 be and the same is dismissed on contest without any costs against the O.P. No-1,2&3. (All OPs).
Let plain copy of this Final Order be made available and be supplied free of cost, to the concerned party.
Dictated and corrected by me.
