Chandigarh

DF-I

CC/431/2023

AKSHIT KUMAR - Complainant(s)

Versus

TMC SHIPPING - Opp.Party(s)

PARDHUMAN GARG

07 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/431/2023
Date of Institution	:	6.9.2023
Date of Decision	:	7/03/2024

 

Akshit Kumar aged about 18 years, Son of Subhash Chand, Currently residing at House No. 1615/1, Sector 40-B, Chandigarh.

 

Complainant..

V E R S U S

 

TMC, Shipping, The Maritime Academy, Section 2, Second Floor, SCO 270, Urban Area, Sector 14, Panchkula, Haryana - 134109, through its Managing Director / Official Representative.

… Opposite Party

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Pardhuman Garg, Advocate for complainant
	:	Sh. Amit Sharma, Advocate for OP.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OP/OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that the OP runs The Maritime Academy (TMA)  at Morni Hills Panchkula and on 21.7.2019 the  complainant was provisionally selected for admission  for GP Rating Course in
   TMA. Accordingly, the complainant had deposited an amount of Rs.2,05,000/- as  course fees interalia  to avail the services for sponsorship/job placement, extra amount of Rs.4,00,000/- paid to the OP. The provisional admission letter is annexed as Annexure C-1. The provisional Meritime, nowhere proposes the scheme of  sponsorship/job placement  but despite of that the OP had collected the aforesaid amount from the complainant at the time of joining the course.  The net fees received by the OP for the GP Course and for sponshorship/job placement is to the tune of 5,93,500/- vide receipts
   Annexure C-2(colly) and C-3. On 6.1.2020 the OP had issued character certificate Annexure C-4 to the complainant showing that the complainant has completed his course of GP Rating in the TMA under Roll No. GP/10/208. However despite of the fact that the complainant has completed the subject course  in January 2020, the OP has failed to issue course completion certificate or placement to the complainant.  On 15.3.2021 the complainant issued letter Annexure C-5 to the OP but nothing has been done by the OP till date. In this manner, the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OP. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP resisted the consumer complaint and filed its written version, inter alia, taking preliminary objections of maintainability, cause of action, concealment of facts, locus standi and non joinder of necessary party and jurisdiction. On merits it is admitted that the complainant was given admission in the OP academy for full sponsored course  and he has completed the course  on 6.1.2020. However it is alleged that due to deadliest pandemic situation  of COVID19, a worldwide lockdown was imposed  as a result of which the OP was compelled to close the academy for the safety of staff as well as candidates and certain formalities for the issuance of the certificate to the candidate for the said course could not be completed as the certificate of Meritime Education and Training PTE Ltd.( IMETA)  was to be issued by the Director  of IMETA Singapore,  and now the OP is ready to provide IMETA certificate to the candidate at the earliest. It is denied that the OP academy  ever proposed for the 100% guarantee of the job placement to  the complainant. In fact the complainant had taken admission in full sponsored course and for the certificate as well as for the onboard training of the complainant. It is further alleged that during on board training period,  the stipend of Rs.250-350 USD doller per month was to be paid to the candidates. However, the said stipend could not be paid to the candidates due to COVID19 situation. It is further alleged that the OP academy will issue certificate  as and when the same is received from IMETA and will also provide on board training to the complainant since the OP  has tie ups with FG vessels companies for  on board training.  It is denied that the OP academy has charged any extra fee from the complainant and OP academy is not covered D.G. Shipping  as well as this under Act.   The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. In Despite grant of numerous opportunities, no rejoinder was filed by the complainant to rebut the stand of the OP.

2. In order to prove their case, complainant tendered/proved their evidence by way of affidavit and supporting documents. However, as OPs failed to file evidence despite grant of sufficient opportunity, therefore, vide order dated 13.2.2024 of this Commission, opportunity to file the same was closed
3. We have heard the learned counsel for the parties and also gone through the file carefully and written arguments on record.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that  the complainant was  provisionally selected for admission for GP Rating Course   in the OP academy  for which fee of Rs.2,05,000/- was paid by the complainant to the OP and till date even the course completion certificate has not been issued to the complainant by the OP despite of the fact that the course was completed in January 2020, the case is reduced to a narrow compass as it is to be determined if  the complainant is entitled for an amount of Rs.2,05000/- alongwith an amount of Rs.4,00,000/-  having been paid by him to the OP to avail the services of  sponsorship/job placement  assured by the OP as is the case of the complainant  or if  the OP has never agreed to provide service for sponsorship/job placement  to the complainant and due to COVID19 pandemic the course completion certificate could not be delivered to the complainant and the complaint of the complainant being false and frivolous is liable to be dismissed as is the defence of the OP.
   2. Perusal of the Annexure C-1 provisional admission letter clearly indicates that the fees structure was Rs.2,05,000/- and in addition to that the registration fees  was Rs.50,000/-. Annexure C-2 (colly) to C-3 the payment receipts/online transaction indicate that the complainant has paid an amount of Rs.5,93,500/- in total to the OP, which was duly acknowledged by the OP on different dates. Annexure C-4 further indicates that the OP had only issued character certificate to the complainant for the subject course. Annexure C-5 is the letter addressed by the complainant to the OP asking for the refund of the course fees to the tune of Rs.1,90,000/-  alongwith sponsorship/job placement fees to the tune of Rs.4,00,000/- having been paid by him to the OP on the ground that the OP had fraudulently taken an amount of Rs.4,00,000/- in advance from the complainant. It  is further clear that the OP never replied to the said letter.
   3. The learned counsel for the complainant contended that as it proved on record that the complainant  paid an amount   of Rs.2,05,000/- and an amount of Rs.4,00,000/- to the OP for sponsorship/job placement  but the OP has failed to provide course completion certificate as well as sponsorship/job placement  till date and the aforesaid act of the OP amounts to deficiency ins service and unfair trade practice.
   4. On the other hand the counsel for the OP contended that due to COVID19 pandemic the course completion certificate could not be issued by IMETA  and the same shall be provided to the candidates including complainant  and as the OP never accepted an amount of Rs.4,00,000/- from the complainant for the purpose of sponsorship/job placement of the complainant rather additional amount was charged from the complainant for providing on board training and as such the complaint being false and frivolous liable to be dismissed.
   5. There is no force in the contentions of the learned counsel for the OP as it stands proved on record that the total course fee for GP Rating Course was only Rs.2,05,000/-  as is evident from fee structure incorporated in provisional admission letter Annexure C-1 and the complainant was charged a total amount of Rs.5,93,500/- by the OP as is also evident from Annexure C-2(colly) and C-3  the receipts and online transactions made by the complainant.  The provisional admission letter nowhere indicates additional fees for on board training to be charged,  hence, it stands proved on record that the additional amount was also charged by the OP from the complainant for the purpose of sponsorship/job placement. However, when it stands proved on record that the OP has failed to provide the course completion certificate  even till date i.e. after 4 years of the completion of course which was completed on 6.1.2020 and also failed to render sponsorship/job placement to the complainant or on board training, the aforesaid act of the OP amounts to deficiency in service and indulgence in unfair trade practice and the complainant is entitled for the refund of the amount paid by him to the OP.   
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under :-

1. to pay ₹5,93,500/- to the complainant alongwith interest @ 9% per annum from 7.1.2020  i.e. the day of completion of course by the complainant  till onwards.
2. to pay an amount of ₹30,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹10,000/- to the complainant as costs of litigation.

5. This order be complied with by the OP within 45 days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 7/03/2024 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member