Tamil Nadu

South Chennai

CC/226/2012

R.Ganesh - Complainant(s)

Versus

Shree Parshwa Marketing Ltd - Opp.Party(s)

M/s. Srinivasan

03 Sep 2018

ORDER

                                                                        Date of Filing :  03.05.2012 

                                                                        Date of Order :  03.09.2018

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

  @   2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3.

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

C.C. NO.226/2012

DATED THIS MONDAY THIS  03^RD DAY OF SEPTEMBER 2018

 

R. Ganesh,

S/o. Mr. Rajagopal,

No.17/9, Narasimhapuram,

Mylapore,

Chennai – 600 004.                                                        .. Complainant

                                                       ..Vs..

 

1. M/s. Shree Parshwa Marketing Limited,

Rep. by its Chairman & Managing Director

Mr. Anil Rawat,

G-1, No.101, Swadesh Bhawan,

2 Press Complex, A.B. Road,

Indore,

Madhya Pradesh.

 

2.  M/s. Aircrew Flight Training Academy,

Rep. by its Director Cap. Lalit Bharadwaj,

AFTA, Kalibo International Airport,

Barangay Pook, Kalibo Akan,5600,

Philippines.

 

3. Mr. Anil Rawat, CMD,

M/s. Shree Parshwa Marketing Limited,

G-1, No.101, Swadesh Bhawan,

2 Press Complex, A.B. Road,

Indore,

Madhya Pradesh.

 

4. Mrs. Meena Rawat, MD,

M/s. Shree Parshwa Marketing Limited,

G-1, No.101, Swadesh Bhawan,

2 Press Complex, A.B. Road,

Indore,

Madhya Pradesh.

 

5. Mr. Harsh Rawat, CEO,

M/s. Shree Parshwa Marketing Limited,

G-1, No.101, Swadesh Bhawan,

2 Press Complex, A.B. Road,

Indore,

Madhya Pradesh.

 

6. Mr. Ankit Rawat, Director,

M/s. Shree Parshwa Marketing Limited,

G-1, No.101, Swadesh Bhawan,

2 Press Complex, A.B. Road,

Indore,

Madhya Pradesh.

 

7. Cap. Lalit Bharadwaj,

Director,

Aircrew Flight Training Academy,

AFTA, Kalibo International Airport,

Barangay Pook,

Kalibo Akan, 5600,

Philippines.                                                     .. Opposite parties.

 

Counsel for the Complainant         :   M/s. SU. Srinivasan & others

Counsel for  the Opposite parties :   Exparte.

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.4,80,000/- which was spent by the complainant due to default of the opposite parties and also to pay a sum of Rs.12,00,000/- towards compensation for mental agony, inconvenience, deficiency in service, hardship and loss of reputation, punitive damages caused to the complainant and to pay cost of Rs.15,000/-to the complianant.

1. The averment of the complaint in brief are as follows:

The complainant submits that he was making efforts to find out proper flying (Pilot) training academy to admit his son Aayyosh Ganesh came to know about the Flight Training Academy M/s. Aircrew Flight Training Academy, AFTA, Kalibo International Airport, Barnagay Pook, Kalibo Akan, 5600, Philippines through the Website of M/s. Shree Parshwa Marketing Limited, Having Office at G-1, No.101, Swadesh Bhawan, 2 Press Complex, A.B. Road, Indore, Madhya Pradesh, the 1^st opposite party.  The complainant contacted the 3^rd opposite party to get more information about the 2^nd opposite party’s academy.  On the advice of the 3^rd opposite party, the complainant went to Bangalore and met the opposite parties 3, 5 & 6.  The complainant was boosted by the opposite parties stating that they are providing excellent accommodation, sufficient pilot training from Civil Aviation Authority of Philippine Government.    The complainant has paid a sum of Rs.10,000/- towards visa, processing fee on 23.08.2010 and paid another sum of Rs.1,00,000/- on the request of the 6^th opposite party paid into the account of HSBC bank and another sum of Rs.3,70,000/- towards the fees for such training.   After repeated requests and demands, the opposite parties sent only a Tourist Visa assuring that they will manage with the Student Visa after arrival at Philippines.   But the opposite parties has not made any arrangement for proper accommodation and visa.  Hence, the complainant’s son and other 3 students were returned back.   Further the complainant submits that the complainant’s son was not given any training for flying since no flight was available with the academy.  Hence the complainant issued legal notice dated:15.12.2011 which was returned undelivered.  The notice to the opposite parties 6 & 7 were received.   Thereafter, the complainant’s son made personal efforts to get his visa for extension and was forced to join another training college namely Visayas Aerospace college and Technology and completed the pilot training course.  Since the opposite parties 1 to 7 played fraud and committed deficiency in service and unfair trade practice, this complaint is filed.

2.     Inspite of receipt of notice, the opposite parties 1 to 7 has not chosen to appear before this Forum and therefore the opposite parties 1 to 7 were set Exparte.  

3.     Though the opposite parties remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A23  are marked. 

 

 

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.4,80,000/- paid to the opposite parties as prayed for?
2. Whether the complainant is entitled to a sum of Rs.12,00,000/- towards compensation for mental agony, inconvenience, deficiency in service, hardship and loss of reputation, punitive damages with a cost of Rs.15,000/- as prayed for?

6.      On point:-

The opposite parties remained Exparte.  The complainant pleaded and contended that he was making efforts to find out proper flying (Pilot) training academy to admit his son Aayyosh Ganesh, came to know about the Flight Training Academy M/s. Aircrew Flight Training Academy, AFTA, Kalibo International Airport, Barnagay Pook, Kalibo Akan, 5600, Philippines through the Website of M/s. Shree Parshwa Marketing Limited, Having Office at G-1, No.101, Swadesh Bhawan, 2 Press Complex, A.B. Road, Indore, Madhya Pradesh, the 1^st opposite party.   Ex.A1 is the visiting card of the opposite party.  Ex.A2 is the profiles of the opposite parties 1 & 2.  The complainant contacted the 3^rd opposite party to get more information about the 2^nd opposite party’s academy.  On the advice of the 3^rd opposite party, the complainant went to Bangalore and met the opposite parties 3, 5 & 6.  The complainant was boosted by the opposite parties stating that they are providing excellent accommodation, sufficient pilot training from Civil Aviation Authority of Philippine Government.    The complainant has paid a sum of Rs.10,000/- towards visa, processing fee on 23.08.2010 as per Ex.A6 and paid another sum of Rs.1,00,000/- on the request of the 6^th opposite party paid into the account of HSBC bank and another sum of Rs.3,70,000/- towards the fees for such training as per Ex.A6.   After repeated requests and demands the opposite parties sent only a Tourist Visa assuring that they will manage with the Student Visa after arrival at Philippines.   But the opposite parties has not made any arrangement for proper accommodation and visa.  Hence, the complainant’s son and other 3 students were returned back.   The licence for Aircrew flight Training Academy was also not renewed by the competent authority of Philippines after 20.01.2010 was totally suppressed which amounts to unfair trade practice. 

7.     Further the contention of the complainant is that the complainant’s son was not given any training for flying since no flight was available with the academy.  Hence the complainant issued legal notice dated:15.12.2011 as per Ex.A17 which was returned undelivered.  The notice to the opposite parties 6 & 7 were received.   Thereafter, the complainant’s son made personal efforts to get his visa for extension and was forced to join another training college namely Visayas Aerospace college and Technology and completed the pilot training course as per Ex.A22.  Since the opposite parties 1 to 7 played fraud and committed the deficiency in service and unfair trade practice, this complaint is filed claiming the amount paid towards such training with compensation.  But the complainant has not proved such a huge compensation in the manner known to law.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties 1 to 7 shall jointly and severally pay a sum of Rs.4,80,000/- with interest at  the rate of 9% p.a. from the date of complaint to till the date of this order with a compensation of Rs.50,000/- and cost of Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite parties 1 to 7 are jointly and severally liable to refund a sum of Rs.4,80,000/- (Rupees Four lakhs and eighty thousand only) with interest at the rate of 9% p.a. from the date of complaint  i.e. 03.05.2012 to till the date of this order and to pay a sum of Rs.50,000/- (Rupees Fifty thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd day of September 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1		Copy of the visiting card of the 6th opposite party
Ex.A2		Copy of Profiles of the 1st & 2nd opposite parties
Ex.A3	21.01.2009	Copy of Aviation Training Certificate issued by Civil Aviation Authority of Philippines upto 20.01.2010
Ex.A4	18.02.2009	Copy of order from the Bureau of Immigration with regard to intimation of foreign students
Ex.A5	22.08.2010	Copy of Course Fee and details
Ex.A6		Copy of Bank statements showing payment made to the 6th opposite party
Ex.A7	02.01.2011	Copy of payment receipt given by the 2nd opposite party
Ex.A8	23.05.2011	Communication from the 7th opposite party with regard to holding passport
Ex.A9	24.05.2011	Copy of renewal of certificate upto 25.05.2012
Ex.A10	02.06.2011	Copy of letter written by the students to the 7th opposite party
Ex.A11	07.06.2011	Copy of undertaking given by the 7th opposite party with schedule of the pilot course
Ex.A12	08.06.2011	Copy of communication from the complainant’s son to the 7th opposite party
Ex.A13	17.06.2011	Copy of communication from Canara Bank, St. Mary’s Road Branch to the 7th opposite party
Ex.A14		Copy of extract of the complainant’s son passport
Ex.A15	04.08.2011	Copy of complainant’s email communication to the 7th opposite party
Ex.A16	07.09.2011	Copy of Special study permit obtained by Visayas Aerospace College and Technology (VACT) from the Bureau of Immigration to the complainant’s son
Ex.A17	15.12.2011	Copy of legal notice issued to the opposite parties
Ex.A18	22.12.2011	Copy of reply mail sent by the 7th opposite party
Ex.A19	26.12.2011	Copy of communication from the VACT to the complainant’s son on his performance
Ex.A20	13.01.2012	Copy of response of Advocate by email to the 7th opposite party
Ex.A21	23.01.2012	Copy of response of the complainant
Ex.A22	09.02.2012	Copy of Private Pilot course completion certificate given by VACT with other documents
Ex.A23	24.02.2012	Copy of certificate given by the Civil Aviation Authority of Phillippines

 

 

 

MEMBER –I                                                                      PRESIDENT