MANAGER, 'STUDY CIRCLE' CAREER DEVELOPMENT INSTITUTE vs SAYYAD JUAMIR USMAN

WE are proceeding to dispose of these appeals with a common judgment, since the factual matrix obtained therein is common. The appellants herein are also common appellants in all the appeals who are org. OPs in the respective complaints. The status of the complainant in all the appeals is also identical being students who had taken admission in the Institution of the appellants for training in computer etc. (For brevity''s sake appellants are hereinafter referred to as ''OPs.'' and respondent as ''Students'')

THE OPs have filed these appeals against the impugned order of the respective appeals passed by the District Forum, Aurangabad holding it deficient in rendering services to the students in the matter of conducting and providing computer training in its Institution. It is noticed that somewhere in the year 2001 students joined this Institution by taking admission for 6 months course and each paid sum of Rs. 1,200/- to the O.Ps. for the said course. The course is for 6 months and thereafter the students were to appear for the examination conducted by the Government through Computer Maintenance Corporation (CMC) who were the Franchise. The students were required to approach the District Forum with a grievance that there was failure on the part of the O.Ps. to conduct the course as was promised and expected. In that no regularily was maintained in imparting the training to the students. Furthermore, appliances for computer sets, etc. provided were in a proper working conditions. What is worst that there was no Internet facility made available, which was must as part of the course and for which the assurance was also given on behalf of the O.Ps. All these attributed to the students in not getting proper and adequate training in the Institution so as to facilitate them to appear for the final examination.

Secondly, the course, which the students were expected to complete in 6 months followed by examination extended for the period of 18 months. On account of this, students approached the District Forum.

BEFORE the District Forum, O.Ps. appeared and tried to justify that they being not responsible for all these scenario that occurred. But their explanantion and defence was not found acceptable to the District Forum and in our view rightly. Considering the fact that O.Ps. have admitted the students in their Institution for which they have also recovered necessary fees from them, it was obligatory upon the O.Ps. to provide requisite facility to the students for the course and to appear for the examination.

SINCE there was a failure on the part of the O.Ps., District Forum has held them responsible and has ordered to refund the fees recovered from the students as also ordered payment of compensation. Awards in our view in all these matters are fair and reasonable needing no interference. ORDER 1. Appeal Nos. 632 to 635/2003 stand dismissed. 2. However, there shall not be any order as to costs. 3. Office shall furnish copies of the order to the parties. Appeals dismissed.