In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.80/2012.
1) Sri Ronojoy Banerjee,
1/7, Prince Golam Mohammad Road,
P.S. Tollygunge, Kolkata-26. ---------- Complainant
---Versus---
1) Sri Saugata Dutta,
The Centre Manager,
IIHT Ltd., Park Street Centre,
30, J.L. Nehru Road, 3rd Floor,
Chowringhee Mansion, Kolkata-16, P.S. Park Street. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 14 Dated 21-08-2013.
The case of the complainant in short is that complainant being a careerist with B.Com Graduate willing to make higher studies and came to know from the Advertisement made by o.p. accordingly visited to the office of o.p. and assured by o.p. for taking admission as follows:
i) CompTIA A + (IT Technician) period of study 3 ½ months from 25.4.10 to 10.8.10.
ii) CCNA Coursse (Cisco Certified Network Associate), from 30.10.10 to 14.2.11.
After convincing assurance by o.p. the complainant agreed to take admission for the study and examination of the above mentioned courses and as per demand of o.p. the complainant paid 23,438/- and Rs.11719/- for each study for the above two courses, for studies and examination, which the o.p. assured the complainant that the each study and examination shall be completed within the stipulated period of 3 ½ months for each courses, mentioned above from the date of admission.
After receiving the entire amount by o.p. from the complainant, the o.p. failed and neglected to complete the said two courses and the examination thereto within in the stipulated period and the complainant on several occasion requested the o.p. to complete the two above mentioned courses of the complainant along with the examination within the stipulated period and even after expiry of stipulated period the o.p. failed and neglected to complete the said above mentioned studies with the examination there by an early date, which the o.p. failed and neglected to complete the studies and examinations of the above mentioned courses, which the o.p. assured to the complainant before taking the entire money as well as at the time of receiving the entire money for the above mentioned two course, that the study and examination with completed within 3½ months, but till now the study and examination of the above two courses not yet been completed, in spite of repeated requests and the complainant face heavy losses for the intentional negligency and also faced damages, for the lost of his valuable time, though the o.p. specifically assured the period of completion of the studies as well as examination, which the o.p. failed and neglected to do so, as such, the complainant entitled to get return of the said total sum of Rs.23,438/- with interest along with the damages of Rs.2 lakhs and also entitled to get litigation charges of Rs.50,000/- as has been prayed for by the complainant from the o.p. as because the complainant unable to apply or to join any office for the said study and examination, which the o.p. intentionally failed and neglected to do so.
Complainant getting no other alternative through his ld. advocate sent a letter dt.30.1.12 to the o.p. which was duly received by the o.p. and the o.p. failed to comply the provision of law. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. did not contest this case by filing w/v and matter was heard ex parte against the o.p.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.p. has not come forward to rebut the evidence of complainant and as such, the evidence of complainant has remained unchallenged testimony and we find no reason to disbelieve the same and we find o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.p. O.p. is directed to pay a sum of Rs.23,438/- (Rupees twenty three thousand four hundred thirty eight ) only paid by complainant and is further directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
