BIRANCHI NARAYAN KAR vs COMPUTER POINT (F)

HEARD Mr. S. Ray, learned Counsel for the appellant. The other side is absent. The matter was heard in part on the last date. We have perused the impugned order and the materials on record.

THE complainant approached the District Forum with the allegation that he had paid Rs. 4,300/- for taking Diploma Course in Hardware Maintenance for six months and was admitted to the Institute of the respondents on 20.7.1994. THE Institute did not carry on the course for the whole period and there was complete discontinuance of the course in the middle. THErefore, alleging deficiency in service, he filed Dispute Case to get back the money paid by him and claimed compensation of Rs. 2 lakhs. The District Forum has allowed the claim in part and has directed to refund the amount of Rs. 4,300/- with interest at the rate of 12 per cent per annum. Being dissatisfied with the award not granting any compensation, the complainant has filed this appeal.

We do not find any reason to differ from the view taken in the impugned order. The District Forum has rightly taken into consideration mainly two materials, that is, the xerox copies of the letters dated 17.11.1994 and 15.12.1994 wherein the respondents took the stand that since the complainant and others did not attend the course, they issued these letters asking them to attend. The District Forum has held that these letters were not sent by registered post nor was it shown that in fact the complainant received those letters. Even on perusal of the letters the District Forum found some discrepancies as to the dates from which the complainant was remaining absent as stated in paragraph 5 of the judgment. The other material is the Attendance Register wherein there are certain overwritings. We have also perused the overwritings. So far as the entry for the date 2.10.1994 is concerned, it was a holiday. But the register showed marking of presence of students on that day. Subsequently the entry was overwritten and was written as holiday on account of Gandhi Jayanti. Therefore, the District Forum for the reasons given in paragraph 5 of the judgment disbelieved the genuineness of the Attendance Register.

THE District Forum has held that there was no material placed by the complainant to award compensation and accordingly disallowed the claim in this regard. Going through the impugned order, we do not find anything wrong therein. We, therefore, uphold the decision of the District Forum and dismiss the appeal. No cost. Appeal dismissed.