S.S.I., D.U. CENTRE vs AKKU BEIG

AFORESAID five appeals shall stand disposed of by this single order.

THE appellant is a computer institute imparting all kinds of training to the young students in the field of computer. On its having been found guilty for misrepresenting to the respondents that the institute is recognized and affiliated with Delhi University and deficiency in service on their failure to complete the course within the stipulated period of seven and half months, the institute has been directed to refund the whole amount of the fee besides Rs. 50,000/- as compensation to each of the respondents on account of unfair trade practice and efficiency in service and destroying the educational career of the respondent-students. At the outset the Counsel for the appellant has admitted that the institute is not recognized or affiliated to Delhi University. At the same time, the learned Counsel for the appellant has contended that by directing the appellant to refund the entire fee besides the huge amount of compensation is highly uncalled for as it imparted training for one year, though due to some reasons or the other, the course could not be completed within the stipulated or assured period of seven and half months.

On the other hand the respondents contend that the appellant did not cover the syllabus even during the period of one year and, therefore, the appellant apart from having adopted deceitful means is also guilty of gross deficiency in service.

THE appellant by adopting deceitful practice and misrepresenting that it is affiliated with Delhi University attempted to rope in and dupe the young students aspiring to get higher training in the field of computer education and for this, the appellant has to suffer by compensating the respondents for marring their career. However, as regards the refund of the entire fee reservation expressed by the learned Counsel for the appellant in our views is right as the respondents were given some training for nearly one year though during one year period, the appellant could not cover the syllabus which it had assured the respondents within seven and half months. THE refund of the entire fee is, therefore, uncalled for and we feel inclined to reduce refund to half of the amount but for the unfair trade practice, deceitful means and playing with the career of the students and deficiency in service, the compensation of Rs. 50,000/- does not appear to be on the higher side. In the result, the appeal is partly allowed by reducing the amount of fee to half of what has been awarded by the District Forum. THE rate of interest @ 18% awarded by the District Forum is also reduced to 15% p.a. THE FDR deposited at the time of filing of appeal be returned to the appellant forthwith under proper receipt. A copy of this order as per statutory requirements be forwarded to the parties free of charges and also to the concerned District Forum and thereafter the file be consigned to record room. Appeal partly allowed.