DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.
Consumer Complaint No.45 of 2018
Date of institution: 20.09.2018
Date of decision : 08.04.2019
Kulwinder Kumar aged about 22 years, son of Sh. Pardeep Kumar, resident of village Gaggarwal, Tehsil Khamanon, Distt, Fatehgarh Sahib.
……..Complainant
Versus
Sea Hawk Institute of Shipping Services Pvt,. Ltd. MM tower, IInd Floor, Near Chintpurni Mata Mandir, Railway road, Gurgoan, Haryana-122001 through its proprietor Kuldeep Yadav having RPSL license No.375.
…..Opposite party
Consumer Complaint under Section 12 to 14 of the Consumer Protection Act,1986.
Quorum:
Sh.Kuljit Singh, President
Sh. Inder Jit, Member
Present : Complainant in person.
OP. exparte.
ORDER
Inderjit, Member
Complainant Kulwinder Kumar has filed this complaint against the Opposite party (hereinafter referred to as “OP”) under Section 12 to 14 of the Consumer Protection Act 1986. The brief facts of the complaint are as under:-
2. The OP is proprietor of institute in the name and style of “Sea Hawk Institute of shipping services Pvt. Ltd.”. The complainant took admission in General Purpose Rating (G.P.R) course of six months after passing the entrance examination of the said institute. As per the demand of the OP, he paid Rs.1,50,000/- to the OP as course fee with placement charges. After completion of course , the complainant asked about placement and the OP demanded Rs.70,000/- more which were also paid by the complainant. The above said whole amount was transferred in account no.0020183325634 of the OP. The OP assured the complainant that they will give the job to the complainant for more than Rs.20,000/- per month in good reputation company. The OP provided classes to the complainant and other students only for three months instead of six months. The OP issued certificate of Centre for maritime Education and Training , Lucknow and issued CDC of Panama country. The OP gave the complainant job of a labourer worth Rs.4000/- per month wherein the complainant had to travel to Yamnagar (Gujrat), Bomaby, Sanegaon, Delh, Goa etc and spent more than Rs. 30,000/- on account of travel expenses. The OP, thus, cheated the complainant by not giving the promised job to him. The complainant many times requested the OP to refund the charged fee, issue him original certificate of OP institute and also to provide him the promised job, but the OP did not pay any heed to the requests of complainant. Despite so many requests, the OP failed to issue him original certificate of respondent institute and give him the promised job. However OP refunded Rs.55000/- to the complainant and refused to refund any more amount. The act and conduct of the OP amounts to deficiency in service on their part. Hence, this complaint for giving directions to the OP to issue original certificate of OP institute to the complainant and to give him the promised job of Rs.20,000/- per month and also to refund the amount of Rs.1,60,000/- which was paid by the complainant as fee of course and further to pay Rs.1,00,000/- as compensation on account of harassment and mental tension besides cancellation of the RPSL license no.375 of the OP.
3. Notice of the complaint was issued to the OP but OP chose not to appear to contest this complaint. Hence, it was proceeded against ex-parte.
4. In order to prove his case, the complainant tendered in evidence true copies of documents i.e receipts of payment Ex.C1 to Ex.C3, and bank statement of account of Pardeep Kumar Ranjeet Singh, Kulwinder Kumar Ex.C6 to Ex.C8, certificates of complainant Ex.C9 to Ex.C14and closed the evidence.
5. Complainant appeared in person to plead his case. He brought to the notice of this Forum that the OP charged Rs.150,000/- first on account of course fee with placement and after completion of course again charged Rs.70,000/- on account of placement. OP issued only three receipts amounting to Rs.40,000/-, Rs.50,000/- and Rs.25,000/- totalling Rs.1,15000/- instead of aforesaid Rs.2,20,000/- and refused to issue any other receipt. Thus the OP indulged in malpractice. The course duration was six months but the OP finished the course in just three months. Complainant further stated that the OP issued the following certificates of “Centre for Maritime Education and Training- Lucknow” institute for proficiency in :-
Course duration :
(i) Personal Safety and Social Responsibilities 11.9.2017 to 13.9.2017
(ii) Fire Prevention and Fire Fighting 14.9.2017 to 16.9.2017
(iii) Personal Survival Techniques 18.9.2017 to 20.9.2017
(iv) Elementary First Aid 22.9.2017 to 23.9.2017
(v) Security Training for Seafarers with
Designated Security Duties 25.9.2017 to 26.9.2017
The complainant further stated that when asked for job, the OP gave him the job of a labourer for Rs.4,000/- Per month for which he had to travel to Yamnangar (Gujarat), Bombay, Sanegaon, Dehli, Goa etc. and spent more than Rs.30,000/- on account of travel expenses besides spending huge amount on account of lodging and boarding. The complainant stated that in this way , the OP indulged in unfair trade practice. He prayed for acceptance of his complaint and order the OP to provide him promised job of Rs.20,000/-Per month or refund the course fee alongwith compensation of Rs.1,00,000/- for harassment besides issuing original certificate of OP Institute.
The Opposite party is already ex-parte, hence, we have no hesitation to believe on averments of complainant, made through this complaint, supported with affidavit and relevant documents, in relief, this complaint is accepted, ex-parte.
6. We have gone through the complaint, evidence placed on record and heard oral pleadings of the complainant. We are of the opinion that the OP has indulged in unfair trade practice as per the pleadings advanced by the complainant. In view of the facts mentioned in the complaint and evidence produced as well as oral pleadings by the complainant, we accept the complaint and order the OP to :-
(i) Provide the complainant a regular promised job of Rs.20,000/- Per month failing which to pay to the complainant Rs.60,000/- along with interest @ 12% PA w.e.f the date of its receipt till its disbursement (As per receipts i.e Ex.C1 to Ex.C3, Rs.1,15,000/- were paid to OP who returned Rs.55,000/- to the complainant and thus Rs.60,000/- were left with the OP).
(ii) Issue appropriate certificate of course completion in the OP Institute and convince the complainant to his satisfaction regarding the genuineness of training certificates issued to him (as detailed in Para no.5 above)
(iii) Pay Rs.60,000/- to the complainant on account of his mental tension and harassment etc.
The complainant could not produce any evidence in respect of his travel expenses while undertaking a job of a labourer and hence no order in this regard.
The above order be complied within 45 days from the date of receipt of the certified copy of this order .
7. The arguments on the complaint were heard on 01.4.2019 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced: Dated: 08.04.2019
(Kuljit Singh)
President
(Inder Jit) Member
