NCDRC

NCDRC

RP/2814-2815/2013

ANKUSH SHARMA - Complainant(s)

Versus

NIIT NETWORK SERVICE PRIVATE & ANR. - Opp.Party(s)

MR. P.N. SACHDEVA

21 Nov 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2814-2815 OF 2013
 
(Against the Order dated 01/04/2013 in Appeal No. 134/2012 & 223/2012 of the State Commission Himachal Pradesh)
WITH
IA/4834/2013
1. ANKUSH SHARMA
S/O SH.ASHOK KUMAR, R.O VILLAGE BADUHI, TEHSIL BANGANA
UNA
H.P
...........Petitioner(s)
Versus 
1. NIIT NETWORK SERVICE PRIVATE & ANR.
THROUGH ITS DIRECTOR, KIRAN BHAYANA, NIIT CENTRE AMB ,
DISTRICT : UNA
H.P
2. NIIT LIMITED 8, BALAJI ESTATE SUDERSHAN MUNJAL MARG,
THROUGH ITS DIRECTOR, KALKAJI,
NEW DELHI - 110019
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Ashish Sachdev, Advocate
For the Respondent :

Dated : 21 Nov 2013
ORDER

1. Brief facts of this case: The NIIT Network Service Private Limited, Una, (OP-1) admitted the complainant Ankush Kumar Sharma to one year course in Web Application in year 2006 on payment of Rs. 31,700/-, on account of admission fee and tuition fee. It was one year course, which was to be concluded in the year 2007. Complainant appeared in the examination and was told that he had passed the examination, but despite repeated visits, passing certificate was not issued. But, after several visits, one certificate was issued mentioning that the complainant had completed one year course at the Institute of OP-1. The Certificate did not mention whether the complainant had passed or failed. With these allegations, the complainant filed a complaint before District Forum and prayed for refund of fees and compensation for the loss of one year study. The OPs denied the claim of complainant. OPs contended that the complainant attended one year course, but did not appear in the examination conducted at the end of the course. But, later on, in August, 2008, he took the examination at Chandigarh, a centre of OP-2, and failed. 2. The District Forum allowed the complaint and directed the OP No.1 to refund the fee of Rs. 31,700/-, with interest at the rate of 9% per annum, and also to pay Rs. 25,000/- as compensation and Rs. 5,000/- as costs. 3. Against the order of District Forum two appeals were filed in the State Commission. The OP-1 filed an appeal FA No. 134/2012 for dismissal of complaint, while the Complainant filed an appeal FA 223/2012 concerned with the quantum of compensation and loss of his full one year. 4. The State Commission allowed the appeal filed by OP 1 and dismissed the complaint. 5. The Petitioner/Complainant preferred this revision against the order of State Commission. 6. We have heard the Counsel for petitioner on admission hearing and perused the evidence on record. There was a delay of 26 days in filing this revision; we condone the delay. The OP-2 agreed that complainant took the examination but he could not secure minimum pass marks, i.e. 50% therefore, no certificate/diploma of the course was issued to him and the OP-1 has issued him a participation certificate only. The complainant had appeared for online test on 28/08/2008 at another centre of O 7. P-1 at Chandigarh but failed to clear the test, therefore, he is not entitled to any certificate. 8. Therefore, there is no deficiency in service by OP-1. We do not find any apparent error in the order of State Commission. Accordingly this revision petition is dismissed. No orders as to costs.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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