Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that OP carries on business for rendering courses in modeling and acting for last 10 years as it is printed in the cover of their prospectus form and being allured the complainant intended to admit herself for that course and paid entire course fees of Rs.12,000/- in cash on 19-06-2013 to the O.Ps..

          As per terms of the Acting course in the batch in which the complainant was accommodated no proper training had been rendered and curiously enough that within a very short period this complainant was restrained by all means for not continuing the Acting course in the so called institution of the OP concerned and no celebrity actor like Badsha Moitra, Supriya Devi came to any class in the said institution as it was told earlier and it is pertinent to mention herein when this aggrieved complainant had started complaining against this mal practices to the Office of the OP, she was humiliated and ignored by all means.  Therefore, the complainant had tried to talk with Mr. Rudra Shanker Biswas i.e. Managing Director and Poulomi Chakraborty i.e. the Secretary and several other persons of OPs but she was just reluctantly refused from getting any material information in the instant matter in issue and was also unlawfully insulted and abused with filthy languages which is simply unbearable to the complainant.

          In fact, the deficiency and negligence on the part of the OP is well proved and fact remains no course has been properly given or no training was given and nothing has been done but OP received total sum of Rs.12,000/- and being aggrieved by the conduct of the OPs complainant sent a legal notice to the OP but no reply was received.  Fact remains the complaint was purposefully misguided by the OP and she was deceived by a tricky manner and in so many way he has been deceived by the OP and OP has been conducting business in a deceitful manner by deceiving the trainees and since the date of joining in the said course the complainant has been passing her days with pain and agony and losing huge money and in the above circumstances complainant has prayed for compensation and refund of the said amount for adopting unfair trade practice.

          On the other hand, OP by filing written statement has denied entire allegations as false, concocted but asserted that appropriate facility and others have been provided for all the trainees and except the complainant the others have successfully and upto their satisfaction completed the course without any allegation against the OP and the allegation of harassment and/or illegal acts and activities by the OP towards the complainant are all the brainchild of the complainant and all are denied by the OP and no such situation was created in the institution to  harass the complainant but only for the purpose for lower downing the reputation of the OP this false complaint was filed and complainant is not entitled to get any relief as prayed for and there was no negligent and deficiency on the part of th     e OP.

Decision with Reasons

On proper study of the entire complaint and written version and also hearing the OP’s Ld. Lawyer and the complaint it is clear that SETC Institute claims itself as 10-year old institution and made advertisement to that effect for giving the training for 24 month’s certificate course registered by Central Government for dance course, choreographer etc. and class time was on Monday and Wednesday at 3 p.m. to 5 p.m. or 7 p.m. to 9 p.m. and it is specifically mentioned that the training shall be made by celebrity choreographer, dance choreographer etc and their Centres are at North Calcutta and South Calcutta.  Fact remains on 19-06-2013 said OP Institute received a sum of Rs.12,000/- from the complainant and Poulomi Chakraborty on behalf of the Institute received the sum by signing issuing a bill bearing No.879 dated 19-06-2013 as against Acting course at evening hours.  OP has admitted that fact and truth is that no acting training was given by any celebrities and there is no paper to show that the training has been given by the OP by any celebrities and Badsha Moitra and Supriya Devi did not coach for Acting and complainant made her grievance to the OP and their Director Rudra Shankar Biswas and Poulomi Chakraborty but they threatened her.  This matter was reported by the complainant in writing through her Ld. Lawyer on 30-07-2013 and that was sent to the OP by registered post with A/D and against that OP was silent and did not respond.  Truth is that there is no registration of the said institution though it is noted Central Government registered.  It is noted that it is 10 years old but no document is there.  There is no registered training institute marked as SETC and no document has been produced and OP by filing written statement has failed to produce any such document before this Forum about affiliation of that course and complainant attended regularly but no training was given to her.  No such document is filed by the OP to show that the course was provided no registration certificate was produced for attendance of the students training or celebrities or any other document to prove that training was given at all and there is no such contract in between the complainant and OP regarding admission fees which are non-refundable as per Government Authority or by any Association or Universities which is evident from the advertisement but fact remains OPs are continuing such deceitful business by alluring the student at large who have their intention to learn acting, dancing etc and only by filing written version OP denied the fact but no document is produced by the OP to prove that this course was continued properly by trainers and students attended classes and examination was held and it is a registered institute and said professional training was given as per Government Authorization and they have their board to grant such certificate.

          Considering all the above facts it is clear that some unscrupulous moneyed man are running such type of institute and alluring the students and collecting moneys but such a institute has no authentication or affiliation by the Government or by any University or by any Council.  So, no doubt it is proved that complainant has been deceived by the OP and OP’s present business is no doubt an unfair trade practice and by adopting this deceitful manner they have collected huge money and been cheating students at large and their advertisement is also misleading advertisement and only for the purpose of alluring intended trainers they are publishing it though they have no affiliation or authenticity and fact remains complainant has been able to prove the unfair trade practice adopted by the OP and their institute has no legal validity from any corner and they are cheating the student in such a manner and complainant has been practically deceived by the OP and no doubt this so called institution is not an institute in the eye of law as there is no affiliation of any recognized authority of state government from any corner.  So, in the circumstances, complainant has rightly proved the unfair trade practice on the part of the OP.  Fact remains OP has failed to produce any document to establish their authenticity of their so called institute and there is hardly any sort of capacity to issue any authentic certificate in respect of dancing, choreography or acting but truth is that complainant being allured was admitted for course by paying Course Fee Rs.12,000/- but no course was actually conducted by the institute by appointing any celebrities, actors etc. and fact remains complainant made allegation against the OP and ultimately reported their malpractices through her Lawyer but OP was silent and after receipt of their notices they never denied those allegations through their lawyer and have failed to prove for what reason they were silent.  Considering all the above facts and circumstances we are convinced to hold that no doubt complainant was deceived by the so called fake institute having no affiliation, authenticity registration from any corner and no acting training was given/provided to the complainant by the OP but OP received Course Fee of Rs.12,000/- from the complainant and by that act OP’s entire running of business is no doubt an unfair trade practice and no doubt complainant has been suffering much and also faced financial loss for which complainant is entitled to get the relief as prayed for.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OP with a cost of Rs.5,000/- (Rupees Five thousand only) against the OP.

          OP is hereby directed to refund a sum of Rs.12,000/- which has been received by adopting unfair trade practice from the complainant and further for harassing the complainant in such a manner O.P. shall have to pay Rs.10,000/- as compensation to the complainant. 

          OP is hereby directed to pay Rs.5,000/- as litigation cost plus Rs.12,000/- as refund of the Course Fee and Rs.10,000/- as compensation i.e. total Rs.27,000/- within one month from the date of this order failing which for non-compliance of the order OPs shall have to pay penal interest @Rs.100/- per day till full satisfaction of the decree and if it is collected same shall be deposited to this Forum for adopting unfair trade practice and for deceiving the complainant in such a manner.

          OP is further directed to pay punitive damages of Rs.15,000/- to this Forum for adopting unfair trade practice and for deceiving the student in such a manner and to control the same it is imposed.

          OP is hereby directed to comply the order within one month from the date of this order in default penal action has been started against them for which they have been penalized and further penalty may be imposed.