Madhya Pradesh

StateCommission

A/08/977

PANKAJ SAHU - Complainant(s)

Versus

EXPLORA DESINE SCHOOL - Opp.Party(s)

SH HEMANT SHARMA

20 Sep 2019

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

 

FIRST APPEAL NO. 977 OF 2008

(Arising out of order dated 13.12.2007 passed in C.C.No.490/2007 by District Forum, Gwalior)

 

PANKAJ SAHU.                                                                                                      …          APPELLANT

 

Versus

                  

EXPLORA DESIGN SCHOOL, GWALIOR.                                                             …         RESPONDENT.

 

BEFORE:

 

                  HON’BLE DR.  MRS MONIKA MALIK                           :      PRESIDING MEMBER

                  HON’BLE SHRI S. S. BANSAL                                      :      MEMBER

                 

 

                                       O R D E R

20.09.2019

 

          Shri Hemant Sharma, learned counsel for the appellant.

            None for the respondent.                       

 

As per Dr. Mrs Monika Malik :                       

            This appeal is directed against the order dated 13.12.2007 passed by the District Consumer Disputes Redressal Forum, Gwalior (for short the ‘Forum’) in C.C.No.490/2007 whereby the complaint has been partly allowed.

2.                Briefly stated, the complainant/appellant took admission in Compressive Multimedia course floated by the opposite party/respondent and had deposited Rs.30,500/- out of the agreed total amount Rs.40,500/-.  The respondent had promised regarding completion of course in duration of 11 months and had also promised 100% job guarantee. However, there is deficiency in service on part of the respondent when course was not completed in time, even after completion of 16 months.  The complainant was also not offered job as promised by the respondent.

3.                Learned Forum on due consideration had issued directions to respondent regarding completion of course within a period of 6 months after obtaining balance fee amount from the appellant and also to provide job to the appellant.  Alternatively, it was directed to refund the fee already obtained from the appellant.  The Forum had further directed that if the appellant fails to appear even after receipt of notice from the respondent, he will not be entitled for refund of the fee amount, deposited by him.

-2-

4.                Aggrieved by the impugned order, the complainant/appellant has filed the present appeal.

5.                Learned counsel for the appellant argued that the Forum has committed grave error in issuing both directions which are contradictory in nature. Learned counsel further submits that the appellant is entitled for refund of fee since there is deficiency in service on part of the respondent for not completing the course within prescribed duration and the appellant, who is a handicapped person, has also suffered mental agony in not getting the job which was guaranteed by the respondent. He therefore prays for setting-aside of the impugned order.   

6.                On due consideration of arguments advanced by learned counsel for the appellant and having gone through the impugned order we find that the Forum has committed material irregularity in passing of the impugned order.  The appellant had suffered immensely as it is an admitted position that the aforesaid course was not completed within prescribed duration and he was also not offered job by the respondent as promised. This will further add to his inconvenience when he will have to deposit pending fee amount and further go through the procedure of completion of course.

7.                In view of the aforesaid, we set-aside the impugned order and direct the respondent to refund a sum of Rs.30,500/- obtained from the appellant with interest @ 6% p.a. from the date of order of the District Forum till its realization, within a period of one month.  In addition to the above, the complainant/appellant be paid compensation of Rs.5,000/-.  The appellant shall also be given cost of this appeal which is quantified at Rs.3,000/-.

8.                With the aforesaid directions, this appeal is allowed.

 

                   (Dr. Monika Malik)                            (S. S. Bansal)     

                   Presiding Member                                Member