Date of Filing: 26.05.2015 Date of Final Order: 28.01.2016
The gist of the complaint as can be gathered from the case record is that the Complainants, Apurba Sarkar and Debabrata Sarkar being student of Institute of Computer and Management Studies (ICMS), Cooch Behar Branch admitted in one year course of Diploma in Hardware and Networking Professional (DHNP) by depositing in total Rs.38,000/-including Service Tax 12.36% (Apurba Sarkar deposited Rs.18,000/- with Service Tax 12.36% and Debabrata Sarkar deposited Rs.25,000/- with Service Tax 12.36%) to the O.P, Roy Infotech with this assurance that they will get Certificates and Marksheets within three months. As promise to provide job from the O.P, the Complainants also get Offer letter from them and the examination of the said course was held on 20/09/2014. But passing after three months from the said examination the Complainants did not get any Certificates & Marksheets. After that the Complainants went to the O.P and the O.P informed that they will get Certificates & Marksheets also get a job within short time. After that the Complainants contacted with the O.P on several times to get their Certificates & Marksheets but in vain.
In this situation, the Complainants went to the office of the Consumer Affairs & Fair Business Practices, Cooch Behar and lodged a complaint regarding the said matter. On 23/03/2015 it was decided by the office of the Consumer Affairs, Cooch Behar in presence of the Complainants and the O.P that after 15/04/2015 the Complainants will get their Certificates & Marksheets from the following address –
The Legacy,
25/A, Shakespeare Sarani, 3rd Floor,
Kolkata.
Accordingly, the Complainants went to the said address but they did not found such name of the office. The Complainants also tried to contact to the Director namely Mr. Sushanta Roy of the said centre but switch off his mobile. By not getting good result from the O.P, the Complainants come back from Kolkata on 22/04/2015. In this situation, the Complainants did not admit another course.
Due to such activities of the O.P, the Complainants suffering from mental agony & pain and unnecessary harassment.
Hence, the Complainants filed the instant case with enclosed relevant documents before this Forum and prayed for direction to the O.Ps (1) Issuing Certificates & Marksheets in the name of the Complainants also provide a job as promise to provide a job from the O.P, also to pay (2) Rs.12,000/- (Rs.6,000 X 2) as compensation for mental agony & pain and (3) Rs.12,000/- (Rs.6,000 X 2) for unnecessary harassment, besides other relief(s) as the Forum deem fit, as per law & equity.
The O.P, Roy Infotech 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 is that he never promise to provide job to the Complainants and he also denied that Certificates & Marksheets issued within three months. The O.P further stated in his written version that on several times he informed to the Complainants to take their Certificates & Marksheets but they did not came to take the same. Therefore, there was no deficiency in service and harassment on the part of the O.P.
By putting all these, the O.P prayed for dismissal of the case without any cost and also the Complainants are not entitled to get any compensation without their Certificates & Marksheets from this answering O.P.
In the light of the contention of the both parties the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Are the Complainants Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Has the O.P any deficiency in service as alleged by the Complainants and are they liable in any way?
- Whether the Complainants 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 both sides in full at a length.
Point No.2.
We find that O.P, Roy Infotech has office in the jurisdiction of this Forum and total valuation of this case is Rs.24,000/- which is far less than maximum pecuniary jurisdiction of this Forum.
So, this Forum has territorial and pecuniary jurisdiction to try this case.
Point No.1 & 3.
Both parties are taken up for consideration for convenience of discussion and they are related to each other.
The Complainants Apurba Sarkar and Debabrata Sarkar in their Complaint and evidence stated that being student of Institute of Computer and Management Studies (ICMS), Cooch Behar Branch admitted in one year course of Diploma in Hardware and Networking Professional (DHNP) by depositing in total Rs.38,000/-including Service Tax 12.36% (Apurba Sarkar deposited Rs.18,000/- with Service Tax 12.36% and Debabrata Sarkar deposited Rs.25,000/- with Service Tax 12.36%) to the O.P, Roy Infotech with this assurance that they will get Certificates and Marksheets within three months.
Payment pattern certificates issued by Institute of Computer Management Studies, Cooch Behar Centre, having Corporate Office at 25-A, Shakespeare Sarani, 3rd floor, Kolkata-700017 show that Complainant Apurba Sarkar deposited Rs.18,000/- with service tax and Complainant Debabrata Sarkar deposited Rs.25,000/- with service tax to said CMS for Diploma in Hardware and Networking Professional (DHNP). But said money has not been paid to O.P, Roy Infotech.
They further stated that the O.Ps promised to provide job from the O.P and they also got offer letter. Offer letters dated 15.11.2013 issued by Institute of Management Studies in favour of the Complainants Apurba Sarkar and Debabrata Sarkar show that following offer was given to them.
“You will be offered any position related to Hardware/Network Support Executive as per our stated advertisement on terms mutually discussed and agreed as per given below. You will be located at anywhere in India. You are requested to successfully complete your training programme based on Diploma in Hardware Networking Professional as a trainee in our organization (ICMS) within 12 months. Your Gross Salary will INR 1 lac to 2.5 lac per annum (depend on your performance)”.
Original Identity Cards of the Complainants issued by ICMS, Cooch Behar show that they were students of said Centre.
Certificate issued by ICMS, Cooch Behar shows that it was certified that Complainant Apurba Sarkar has completed Diploma in Hardware Professional Course on 30/11/2014 with Grade “B”.
So, it is clear from above made discussion that the Complainants were students of Diploma in Hardware Professional Course under Institute of Computer Management, Cooch Behar Centre have Corporate Office at 25-A Shakespeare Sarani, Kolkata-700017 and they promised to provide job to Complainants with salary of Rs.1 lakh to 2.5 lakh after passing of said course.
It is the case of the Complainants that the O.Ps are not providing certificate or job to them.
It is to be noted that firstly Institute of Computer Management Studies, having Corporate Office at 25-A Shakespeare Sarani, Kolkata-700017 and Zonal Office of the same having Office at P-192, CIT Road, Scheme VII-M, Ultadanga, Kolkata-700067 have been made O.P No.2 & 3 of this case but subsequently, their names have been expunged at the risk of the Complainants due to non-availability of said Addressee in their registered address and at present Roy Infotech, Bar Association Building, Cooch Behar is only O.P of the case.
The O.P. No.1, Roy Infotech has contested case and it is the case of the said O.P. No.1 that they have only arranged for said course and they on several time requested the Complainants to receive their certificate but they did not pay any heed.
The O.P. No.1 also submitted original pass certificates of the Complainants Apurba Sarkar and Debabrata Sarkar which show that they have passed said Diploma in Hardware and Networking Professional Course in “B” and “C” grade respectively on 10/09/2013.
It is the specific case of the O.P. No.1 that they never promised to provide any job to the Complainants and they have no liability in this respect.
We find that certainly Offer Letter dated 15/11/2013 issued in favour of the Complainants show that said promise was given by Institute of Computer Management Studies have Corporate Office at 25-A Shakespeare Sarani, Kolkata-700017, having Zonal Office at P-192 CIT Road, Scheme VII-M, Ultadanga, Kolkata-700067.
We further find that the present O.P. No.1, Roy Infotech was not involved in receiving payment from the Complainants and giving promise of job to them.
Accordingly, we hold that the Complainants are not consumers under the O.P. No.1, Roy Infotech.
So, in view of the facts and circumstances stated above and materials on record, we are constrained to hold that entire remedy of the Complainants against the expunged O.P. No.2 and O.P. No.3 i.e. The Institute of Computer Studies, Office at 25-A Shakespeare Sarani, Kolkata-700017 and Zonal Office at P-192 CIT Road, Scheme VII-M, Ultadanga, Kolkata-700067 and there was no deficiency in service and unfair trade practice on the part of the present O.P, Roy Infotech.
So both these points are decided against the Complainants.
Point No.4.
In view of our above made discussion, the Complainants are not entitled to get any relief in this case.
Accordingly, the case fails.
ORDER
Hence, it is ordered that,
The present Case No. CC/49/2015 be and the same is dismissed on contest without any costs against O.P, Roy Infotech.
The Complainants are at liberty to receive their certificates on proper receipt.
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.
President President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
