Complaints filed on: 30-03-2024
Disposed on: 30-09-2024
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
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DATED THIS THE 30th DAY OF SEPTEMBER 2024
::P R E S E N T::
SMT.G.T.VIJAYALAKSHMI, B.Com, L.L.M, ….....PRESIDENT
SMT.NIVEDITA RAVISH, B.A., L.L.B. (Spl).,.. .LADY MEMBER
CONSUMER COMPLAINT No. 47/2024
Sri. Basavesh B.N.
S/o. Nanjundaradhya,
Aged about 25 years,
R/at Kamanakatte Veedhi, Gurulu Hobli,
Tumkuru District.
……….Complainant
(Sri. B.Somashekhara, Advocate.,)
V/s
The Manager,
M/s. Labland Biotech Pvt Ltd.,
# 12, Hotagalli,
Mysore-570 018. ……….. Opposite Party
(Sri. Srinivasa Murthy N.H, Advocate)
::O R D E R ::
SMT.NIVEDITA RAVISH, LADY MEMBER
This complaint filed by the complainant Under Section 35 of Consumer Protection Act, 2019 against the opposite party (herein after called as OP) to direct to refund/pay the skill development training fee of Rs.30,000-00 and to pay damages of Rs.10,000-00 for mental agony to the complainant with litigation expense.
2. It is the case of the complainant that, the OP is running a skill development training company since from 30 years and OP is giving training to skill development, research training to trainers, accordingly the OP was known to complainant through online. The complainant contacted and conversation to OP through whatsapp and OP has given information about skill development training for the period of 2 months for a sum of Rs.30,000-00 as training expense. The complainant transferred Rs.30,000-00 to the OP phone pay account on 16/11/2023. The OP has sent an hand written receipt through whatsapp vide Receipt No.071 dated:16/11/2023 for sum of Rs.30,000-00. But on ill fated day on 18/11/2023 mother of complainant was fell ill seriously and admitted to hospital, hence complainant was unable to take the skill development training in the OP company. The complainant was intimated regarding his inconvenience to get the training and also informed the OP about the health condition of mother of the complainant. The complainant requested to refund the training fees and the OP accepted to refund the same, but till the OP was not refunded the fee. Though the complainant issued legal notice 20/01/2024, the OP has given the evasive replay and not refunded the fee. Hence this complaint.
3. After issuing the notice by this Commission, OP has appeared before this Commission through their counsel and filed version.
4. In the version, the OP has denied the allegation made by the complainant as false and submitted that it is false to say that the OP is a skill development company. The OP has interacted with the complainant and informed him about the in-house recruitment related skilled development. The training program offered for two months and post-training, the OP has offered job in their company. Further OP has admitted that OP has sent a receipt dated 16/03/2023 to the complainant for Rs.30,000-00 stating that the amount received is not refundable and OP was also informed the complainant on 01/12/2023 that the amount paid by the complainant was not liable to refund, due to internal policy of the company. Hence OP prays for dismissal of the complaint with costs.
5. The complainant filed his evidence by way of affidavit with 15 (fifteen) documents. Which are marked as Ex.C-1 to Ex.C-15. One Dr.Sudheer shetty, S/o. Late Appaiah Shetty has filed his affidavit evidence on behalf of the OP.
6. We have heard the arguments of both and peruse the written arguments filed by the complainant and OP. Now points would arise for determination as follows:-
1) Whether the complainant proves deficiency in service on the
part of OP ?
2) Is complainant is entitled to the relief sought for?
- Our findings on the aforesaid points are as under:
Point No.1: In the Affirmative.
Point No.2: As per final order for the below
:R E A S O N S:
8. Point No.1 &2 :-
The counsel for the complainant has argued that, the OP is running a skill development training company since from 30 years and OP is giving training to skill development and research training to trainers and complainant was contacted and made the conversation with the OP though mobile whatsapp and the OP also reacted in the good manner. To prove the same the complainant has produced Ex.C-1/copy of the handbill of the OP, Ex.C-2/to Ex.C-5 screen shots of whatsapp chats, Ex.C-1 reflecting the name of company of the OP and also reflecting that “Labland’s centre of Excellence in Plaint issue culture and Research Training cum Recruitment”. Hence Ex.C-1 is establishing that OP is giving training and recruitment. Ex.C-2 to Ex.C-5 are establishing that the complainant enquired about the training program, fees for training with the OP. The OP has not objected the Ex.C-1 to Ex.C-5. Further counsel for the complainant has contended that when the complainant enquired about skill development training and job, the OP has given information that the OP has giving training on the base of different degrees for the period of 2 months for sum of Rs.30,000-00as a training expenses. Ex.C-2 is revealing that the OP has given information on 15/11/2023 about training as, “duration 2 months, Fee Rs.30,000-00 + GST and job depends on the degrees, subject, other trainings and efficiency during our training”. Further counsel for the complainant has argued that the complainant has transferred Rs.30,000-00 to the OP through phone pay account (Punjab National Bank) on 16/11/2023. Ex.C-8 screen shot of transaction details produced by the complainant is establishing the same. The OP has also admitted that, they have received on amount of Rs.30,000-00, from the complainant. Further counsel for the complainant has submitted that the OP has sent an hand written receipt through whatsapp vide receipt No.071,dated:16/11/2023 for sum of Rs.30,000-00. To prove the same the complainant produced Ex.C-9/copy of the receipt sent by the OP. Further counsel for the complainant has argued that the mother of the complainant fell ill seriously on 18/11/2023 and father of the complainant was died when the complainant was a minor. Therefore the complainant is the only care taker of his mother. Hence the complainant unable to take the skill development training in OP company and the complainant has requested to the OP through phone, SMS. The complainant intimated regarding his inconvenience to get the training and requested to refund the training fees. To prove the same the complainant has produced Ex.C-10/Doctor prescription. Ex.C-7/screen shot of whatsapp chat. Ex.C-7 establishing that the complainant requested with the OP as he has in problem. Further Ex.C-3 reflecting the conversations of the complainant with OP dated:15/11/2023 which is before the payment as, “MSC entrance preparation and get India rank 4, “But my mother have serious health condition so I take care of her and stop my further studies”. Therefore it is establishing that the mother of the complainant is having serious health problem.
9. Per contra counsel for the OP has argued that it is false as the OP company is a Skilled Development Company. But the OP has failed to produce any document or evidence about the entire work of the OP. Ex.C-1 produced by the complainant is reflecting as OP giving training and recruitment. Ex.C-2 produced by the complainant is reflecting that OP has given the information for training as two months duration and fee is Rs.30,000-00 + GST. Further counsel for OP has argued that the OP sent a receipt dated.16/03/2023 to the complainant for Rs.30,000-00. Stating that the amount received is not refundable at any reasons. Ex.C-9 produced by the complainant is reflecting that, the OP has written in the hand writing form as “Amount is not returnable if cancelled by the candidates/customer”. Further counsel for the OP has argued that the OP has informed to the complainant that the company’s internal policy, the company is not liable to refund the amount to the complainant as per information given to him earlier. But the OP has failed to produced any document that the OP has informed the complainant earlier (i.e., before admission) about the OP is not liable to repay the paid amount for training and OP is also failed to produce any document to show that policies of the OP company. Further OP has not produced any broachers/handbill which is explaining about the terms and conditions for the training.
10. On perusing the Ex.C-1, the OP has not disclosed any rules of non repayment of the training fee in the printed form which is common to all candidates. Further on perusing Ex.C-2 to Ex.C-7 the OP has not informed the complainant in the whatsapp chatting as “Amount is not returnable if cancelled by the candidates/customer”. The OP only written these sentences in the hand written form on the receipt, after the amount paid by the complainant. Further the complainant has not taken any training from the OP. counsel for the OP has argued that the complainant has informed the OP about inconvenience to attend the training on 01/12/2023. But OP has failed produced any document or evidence to prove the same. Further OP has failed to prove that they have get loss or they have not filled another candidate in the place of the complainant. When the complainant has not taken any training from the OP, the OP is liable to repay the amount paid by the complainant. Further it is the duty of the service provider to give the clear information of the terms and conditions about service, before receiving the consideration amount. But in the present case, non-giving the information about rules of non-repayment of paid amount, before issuing the receipt is amounts to deficiency in service and unfair trade practice on the part of the OP. Therefore the OP is liable to repay the amount of Rs.30,000-00 to the complainant with interest @ 8% p.a. from the date of complaint i.e., 30/03/2024 to till realization. Further the complainant prays Rs.10,000-00 for mental agony. But the complainant himself/voluntarily cancelled the training program. Hence he is not eligible to claim Rs.10,000-00 for a mental agony. However the OP failed to refund the amount. Therefore the OP is liable to pay compensation of Rs.4,000-00 for mental agony. Further OP has compelled the complainant to approach this Commission. Hence the OP is liable to pay litigation cost of Rs.4,000-00 to the complainant. Accordingly, we proceed to pass the following:-
::O R D E R::
The complaint filed by the complainant is partly allowed with cost.
It is directed the OP shall pay Rs.30,000-00 (Thirty Thousand only) to the complainant with interest @ 8% p.a. from 30/03/2024 (i.e., date of the complaint) till realization.
Further it is directed that the OP shall pay compensation of Rs.4,000-00 (Four Thousand only) and litigation cost of Rs.4,000-00 (Four Thousand only) to the complainant.
Further it is directed that the OP shall comply the above order within the 45 days from the date of the receipt/knowledge of the order.
