West Bengal

Bankura

CC/109/2023

Sri Anup Chakraborty - Complainant(s)

Versus

THE GEORGE TELEGRAPH TRAINING INSTITUTE - Opp.Party(s)

Subhrakanti Chattopadhyay

14 Aug 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.109/2023

         Date of Filing:  29/11/2023

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                    Ld. Member

 

For the Complainant:Ld. Advocate Subhra Kanti Chatterjee

For the O.P.: Ld. Advocate Padmanava Biswas

 

Complainant:

Sri  Anup Chakraborty,S/O-Nanda Chakraborty,R/O-Vill&P.O-Polmi,P.S-Puncha,Dist-Purulia,Pin-723131,at present:C/O-Malay Chatterjee,Lokepur P.O Lane,Lokepur,P.O-Kenduadihi,Dist-Bankura,Pin-722102,Mob-8001129870

Opposite Party:

1. THE GEORGE TELEGRAPH TRAINING INSTITUTE, 314,S.P Mukherjee Road,RoomNo-402,Kolkata-700025
2. Centre at Asansol:Lihiri Bari,GT Road P.O-Asansol,Dist-Paschim Barddhaman,Pin-713301

Centre at Bankura:Chowdhury Bari,360 Rabindra Sarani,P.O&Dist-Bankura,Pin-722101                                                                     

 

FINAL ORDER / JUDGEMENT  

Order No.10

Dated:14-08-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he enrolled with O.P./Training Institute for admission to two years’ Air Conditioning and Refrigeration Diploma Course on 12/06/2019  conducted at the Purulia Centre and subsequently at Asansol Centre during COVID-19 Pandemic and deposited all the fees for eight Semesters amounting to Rs.84,850/-. After successful completion of all the Semesters in the Month of December, 2021 the Complainant attended a job interview at the Office of Voltas Co. at Durgapur sponsored by the O.P./Training Institute in the Month of March, 2022 and he was absorbed there on 11/03/2022 at the remuneration of Rs.4,000/- per month. But when the employer asked him to produce the Diploma Certificate and Mark Sheets for the above mentioned course within six months the Complainant could not produce the same and ultimately he was terminated from his job in the Month of October, 2022. The O.P./Institute could not arrange delivery of Mark Sheet/Diploma Certificate till now despite several reminders and pursuasion.The Complainant has therefore approached this Commission for adequate compensation against O.P./Training Institute for loss of job and future prospect.

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Page: 2

O.P./Training Institute contested the case by filing a written version denying all the material allegations of the written complaint contending inter alia that as per regulation of the O.P. / Training Institute for the relevant course the Complainant has to pass the Communicative English and Personality Development (CEPD) Examination on payment of requisite fees in order to obtain the Diploma Certificate and Mark Sheets of the concerned course but the Complainant having failed to attend the requisite course O.P./Training Institute is not liable for any compensation as prayed for.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission, and documents on both sides the Commission finds that the Complainant duly cleared all the Semester fees  including the requisite fees of Rs.1,700/- for post Semester Course (CEPD Exam) supported by receipts on record in terms of the relevant regulation.

Ld. Advocate for the O.P./Training Institute has referred to the regulation of Examination criteria for the relevant course under Note-2 where it is provided that all students of the final Semester have to compulsorily enroll in a separate 40 Hours CEPD Exam. on payment of the requisite fees for the Course but it is nowhere provided under the said Note that the Candidate will not get the Mark Sheets and Diploma Certificate unless he attends the said Exam.

Admittedly the Complainant has passed all the Semesters successfully and deposited the requisite fees for the Post Semester Course as stated above but unfortunately he could not attend the Post Semester Course i.e. CEPD Exam. O.P./Training Institute cannot construe the Note-2 of said regulation to mean that the Mark Sheets and Diploma Certificate cannot be issued to the candidate on failure of attending Post Semester Course which is not related to the main course for Air Conditioning and Refrigeration. In other words it can be said that attendance for CEPD Exam. is not the pre-condition of obtaining Mark Sheet/Diploma Certificate.

It is not clear and no explanation is forthcoming from O.P./Training Institute as to on what basis the Complainant was recommended to attend a job interview of Voltas Co. where the Complainant got the job but due to non-production of Mark Sheet and Diploma Certificate he lost the said job after six months of his joining in the month of March, 2022. O.P./Institute left the Complainant in lurch for no-fault of his without providing any Mark Sheet/Diploma Certificate citing unjustified ground of Office order without proper circulation thereof.

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Page: 3

O.P./Training Institute is engaged in offering Diploma/Degree on various Courses with certain guidelines and Office Order dated: 27/05/2019 issued by O.P./Training Institute to all Centre Heads regarding CEPD Exam. which is on record though finds in Clause-VII of the said Office Order for withholding Mark Sheet and Diploma Certificate for non-attendance of CEPD Exam. but this is an administrative order not part of the prescribed regulation and as such it has no binding force. Moreover, there is no material on record to show that O.P./Institute circulated the said Office Order to the candidate so as to get them aware of the importance of such Office Order.  The O.P./Training Institute has committed great injustice to the Complainant by withholding his Mark Sheets and Diploma Certificate after successful completion of all the Semesters and deposit of requisite fees for post semester CEPD Exam. and thereby the Complainant has lost job sponsored by O.P./Training Institute. This is a glaring instance of unfair trade practice and deficiency in service committed by the O.P./Training Institute for which they are liable to compensate the Complainant reasonably.

Considering the facts and circumstances and the prevailing COVID-19 Pandemic at the relevant point of time the Commission holds the O.P./Institute liable to pay compensation of Rs.50,000/- to the Complainant for loss of job and future prospect apart from issuing the relevant Mark Sheets and Diploma Certificate.

Hence it is ordered…….

That the case be and the same is allowed in part but without cost.

O.P./Institute is directed to issue Mark Sheets and Diploma Certificate for the relevant course in favour of the Complainant dispensing with/relaxing the passing of CEPD Exam and also to pay compensation of Rs.50,000/- to the Complainant for loss of job and future prospect within one month from this date. In any event O.P./Institute is unable to pay the compensation as directed above they must arrange suitable job placement latest within six months from this date which may be extended with the concurrence of the Complainant till his absorption in suitable job.

Both parties be supplied copy of this Order free of cost.

 

   __________________                                     ________________        

 HON’BLE   PRESIDENT                            HON’BLE    MEMBER