V.B. AGGARWAL vs KUMAR ABHIJEET

THE appellant was operating as franchisee of M/s. Reliant Informatics for professional teaching. THE respondent registered himself on 29.12.1999 with the appellant for E-Commerce (full course) for duration of 5 months and started attending the class from January, 2000. THE respondent paid Rs. 23,600/- as fees for the course in five instalments besides Rs. 500/- as registration fees and Rs. 1,000/- as prospectus fees. THE last instalment of Rs. 5,000/- as paid by the respondent on 7.7.2000. Admittedly the course was to end on 7.7.2000 but the appellant could not provide the facility to conclude the course within the stipulated period. However, the respondent went to the appellant institute on 8.12.2000 but found that has been closed without any prior information to him. However, the Guard standing at the institute informed the respondent that the same has been shifted to Mayapuri. When he went to Mayapuri he was informed that the appellant is no more franchisee of Tata Informatics. When the respondent asked the refund of the amount paid by him the appellant asked him to continue the course at Mayapuri. Since the respondent was not interested in continuing the course because of the appellant having ceased to be the franchisee of Tata Informatics and the appellant refused to refund the amount of fees paid by him, the respondent approached the District Forum and obtained the impugned order whereby the appellant was directed to refund Rs. 23,600/- charged from the respondent with interest @ 10%.

THE impugned order has been assailed by the Counsel for the appellant mainly on the ground that there was no deficiency in service on the part of the appellant as the respondent himself discontinued attending the classes from 7.7.2000 and suddenly appeared on 8.12.2000 and by that time all the other candidates had completed their course and the institute had already been shifted to Mayapuri because of the losses suffered. It is further contended that the respondent did not pay even the last instalment of Rs. 5,000/- and stopped attending the classes from 7.7.2000. In support of the aforesaid plea the appellant has produced certificates of two students who completed the course in July and August and certificates were issued on 15th September, 2000 and 30th September, 2000 respectively. As per own admission of the appellant the course was for five months duration but the students whose certificates of completion of course have been produced by the appellant completed course in July and August. Thus the appellant is guilty of deficiency in service in not completing the course within stipulated period of five months which commenced from 6.1.2000.

Even if we assume for the sake of argument that the respondent stopped attending the class after 7.7.2000 and came to the institute after five months i.e., on 8.12.2000. Still the facts of the case show that the respondent did not complete the course even after payment of 23,600/- as fees to the appellant. However, the appellant has offered to provide remaining training for completion of the course to the respondent at Mayapuri but the respondent appears to be not interested as according to him the appellant is no more a franchisee of Tata Informatics and certificate of E-commerce course issued by the appellant will be of much lesser value if it is not issued on behalf of Tata Informatics.

BE that as it may and taking overall view of the matter we deem that the amount of compensation awarded by the District Forum need to be reduced to Rs. 10,000/- with interest @ 9% payable from the date of order of the District Forum till payment, as the respondent had availed services of the appellant for 7 long months by attending the classes. Payment shall be made within one month. The appeal is disposed of in above terms. The FDR/Bank Gaurantee, if any, furnished by the appellant be returned forthwith. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room. Appeal disposed of.