R. VIJAYAKUMAR, MEMBER.
This is a complaint filed U/s. 12 of the Consumer Protection Act 1986.
The complaint is filed for getting Rs.1,00,000/-[One lakh only] as compensation for mental agony and financial loss along with Rs.10,000/- [Ten thousand only] as cost of proceedings.
The averments in the complaint can be briefly summarized as follows:
Attracted by the advertisements in the News paper dailies the complainant was forced to approach the opp.parties for getting information regarding the Education Courses conducted by the opp.parties. As advised by the 2nd opp.party, the complaint joined in Diploma Course of Marine Engineering Fitter and Marine Mechanical Fitter conducted by the opp.parties for a period of 2008-2010.. The complainant passed the said course in the first chance itself. Subsequently on March, 2010 the opp.parties made the complainant to believe that he would have to appear in NCVT Exam conducted by the Government of India for the true approval of the above said course already studied by the complainant. On believing their words, on 15.3.2010 the complainant remitted the exam fees amounting Rs.3000/- with the opp.party’s Institution. Thereby the opp.parties made the complainant to believe that the examination would be started in the month of September 2010. Meanwhile, the complainant got appointed in a Private Ltd. Company at Gujarat, in the month of June 2010. While working there as per the information given by the opp.parties, the complainant reached at station for appearing in the NCVT examination. Then and thereon the opp.parties made to believe the complainant that the examination was postponed to a further date and the same would be intimated to him sooner or later. Thus, the complainant waited for months by waiting the examination date and hence he was terminated from his employment for ever. Subsequently as intimated by the opp.parties, the complainant prepared for the examination and hence the opp.parties led the complainant to Ernakulam for writing the said examination and the complainant was made believe that it was only a preliminary examination and final examination would be conducted after a gap of one month. Even after a gap of one month the examination was not conducted as promised and assured by the opp.parties. The complainant sent a legal notice dated 17.2.2012 . But the opp.parties did not respond to the same, even after the gap of one year . No information was given to the complainant. The complainant lost his job for ever due to the deficiency of service committed by the opp.parties. The complainant sustained financial loss and mental agony due to the deficient act of opp.parties. Hence the complaint.
The opp.parties filed version contenting that the complaint is not maintainable either in law or on facts. No such force as alleged by the complainant has been exerted by the opp.parties for approaching or going the educational course run by the opp.parties. The educational institution of the opp.parties is one among the authorized centers approved by NCVT
MES trade test and also an approved centre for STED Council. The students who are studying in the educational institution of the opp.parties have got the opportunity for attending NCVT-MES Trade test or test conducted by STED Council or both. It is up to the students to select either of the same or both and there is no force or compulsion on the part of the educational institution and the opp.parties have not exerted any force of compulsion also on the complainant. As regards the examination for the above said trade tests these opp.parties are only centers for the same and if the student gets through the examination necessary trade test certificate will be sent to the authorized centre like these opp.parties by NCVT-MES Trade test co-ordinate, approved by Government of India who in turn will hand over the trade test certificate to the concerned student. The allegation that the opp.parties did not respond to the legal notice is utter falsewhood and hence denied. Before and after receiving the said legal notice these opp.parties have on umpteen times intimated and reminded the complainant to fill up the application for the other option and also to remit the fees for the same. But he has not responded to the same or turned up in that regard. The complainant joined for the course on 17.7.2008 and completed the course 31.3.2010. These opp.parties are bound to issue the course certificate only and the complainant received the course certificate from the institution of these opp.parties and he has no case contrary to the same. Hence there is no deficiency of service on the part of these opp.parties. As regards the NCVT-MES trade test for basic marine course, he remitted the required fee of Rs.3,000/- and he wrote the examination and passed the same and received certificate on 5.2.2012. In addition to the above course/option if he is desirous of appearing for any other trade test certification offered by NCVT-MES trade test course he will have to remit necessary fees for the same and can write examination for the same. These opp.parties have received the fee for the NCVT-MES trade test for basic marine course and have given the certificate also to the complainant. The complainant along with his benchmen on several occasions came to the institution of these opp.parties and created situation of terror and tension thereby to extract money from these opp.parties There is no cause of action for the above complaint. The opp.parties are not liable to pay any amount towards mental agony and financial loss to the complainant. The complaint devoid of any merit and is only to be dismissed.
After filing version the opp.party remained absent. Sufficient opportunity has been given to the opp.party. Vakalath also not seen filled. Hence set exparte.
The complainant filed affidavit. The complainant was examined as PW.1. Exts. P1 and P2 marked.
The points that would arise for consideration are:
1. Whether there is any deficiency in service from the part of opp.party?
2. Compensation and cost.
Points 1 and 2
As the opp.parties remained absent, we are constrained to relay upon the evidence adduced by the complainant. We have carefully verified the documents adduced by the complainant. It is evident from the document that there is deficiency in service from the part of opp.parties. The points found accordingly.
In the result, the complaint is allowed in part. The opp.parties are directed to pay Rs.30,000/- as compensation for financial loss and mental agony and Rs.1000/- as cost to the complainant.
The order is to be complied with within one month from the date of receipt of the order.
Dated this the 30th day of November, 2012.
I N D E XList of witnesses for the complainant: Nil
List of documents for the complainant
P1. – Receipt
P2. – Lawyer notice
