State Consumer Disputes Redressal Commission
Sahibzada Ajit Singh Industrial ... vs Pardeep Kumar on 28 February, 2013
2nd Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
First Appeal No.626 of 2008.
Date of Institution: 19.06.2008.
Date of Decision: 28.02.2013.
Sahibzada Ajit Singh Industrial Training Centre, Border Road, near B.S.F.
Head Quarter, Fazilka, Tehsil Fazilka, District Ferozepur through its Principal,
authorized vide resolution dated 04.06.2008.
.....Appellant.
Versus
1. Pardeep Kumar, aged about 22 years, S/o Sh. Krishan Lal S/o Sh. Het
Ram, Resident of Sabhuana, Tehsil Fazilka, District Ferozepur.
2. Satpal Singh, aged about 26 years, S/o Sh. Megh Singh S/o Sh. Kalu
Singh, Resident of Village Churi Wala Chisti, Tehsil Fazilka, District
Ferozepur.
3. Ashok Kumar, aged about 23 years, S/o Sh. Imi Chand S/o Sh.
Kumbha Ram, Resident of Village Kerian Wali, Tehsil Fazilka, District
Ferozepur.
4. Anil Kumar, aged about 21 years, S/o Sh. Jagdish Kumar S/o Sh.
Manphool Ram, Resident of Village Muthian Wala, Tehsil Fazilka,
District Ferozepur.
5. Harbans Singh, aged about 23 years, S/o Sh. Rulia Singh S/o Sh.
Kartar Singh, Resident of Village Muthian Wali, Tehsil Fazilka, District
Ferozepur.
...Respondents.
First Appeal against the order dated
16.04.2008 of the District Consumer
Disputes Redressal Forum, Ferozepur.
Before:-
Shri Inderjit Kaushik, Presiding Member.
Shri Vinod Kumar Gupta, Member.
...................................
Present:- Sh. Gurnihal Singh Grewal, Advocate, for Sh. O.P. Kamboj, Advocate, counsel for the appellant.
Sh. S.R. Kamboj, Advocate, counsel for the respondents.
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INDERJIT KAUSHIK, PRESIDING MEMBER:-
This order shall dispose of the following four (4) appeals:- First Appeal No.626 of 2008 2
Sr. Appeal No. Parties Name
No.
1. F. A. No.626 of 2008 Sahibzada Ajit Singh Industrial Training
Centre Vs Pardeep Kumar & Ors.
2. F. A.No.977 of 2008 Babu Lal & Ors. Vs Sahibzada Ajit Singh
Industrial Training Centre
3. F. A.No.627 of 2008 Sahibzada Ajit Singh Industrial Training
Centre Vs Amandeep & Ors.
4. F. A.No.628 of 2008 Sahibzada Ajit Singh Industrial Training
Centre Vs Babu Lal & Ors.
As all the appeals are directed against the order dated 16.04.2008 passed by the learned District Consumer Disputes Redressal Forum, Ferozepur (in short "the District Forum"). The facts are taken from F.A. No.626 of 2008 and the parties would be referred by their status in this appeal.
2. Facts in brief are that Sh. Pardeep Kumar and others, respondents/complainants (hereinafter called as "the respondents") filed a complaint under section 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the appellant/opposite party (hereafter called as "the appellant"), making the assertions that the appellant is running an educational institution at Border Road, near BSF Headquarters, Fazilka. In July, August, 2004, it advertised in pamphlets and newspapers that it has got approval from National Council of Vocational Training (NCVT) and Director General of Employment & Training (DGE&T) for the courses of Computer Operator and Programming Assistant (COPA) of one year, Electrician of two years and Wireman of two years, and allured the respondents to get admission in its institution, by misstating that it is approved by NCVT and DGE&T.
3. In August, 2004, the respondents got admission in the course of Electrician Trade for two years in the institution of the appellant and it was assured to the respondents that their course will be completed in July, 2006. The appellant charged Rs.38,000/- from each of the respondents as course fee and issued the receipts. The respondents were residing at a distant place First Appeal No.626 of 2008 3 and they have to spend Rs.30,000/- each for transportation charges, as they were regularly attending the course. The appellant did not conduct the examination of Electrical Trade in July, 2006 as promised at the time of admission of the respondents. On inquiry, the respondents came to know firstly in July, 2006 that the appellant has no approval from NCVT and DGE&T. The appellant assured the respondents that it will get necessary approval and the examination will be conducted in January, 2007 and the respondents waited till January, 2007, but no examinations were conducted. Besides the above charges, three precious years of each respondent were spoiled by the appellant, as the appellant failed to conduct the examination as it did not get any approval, although the appellant stated that it had. The respondents are entitled to Rs.3.00 lacs each as compensation and refund of Rs.38,000/- as course fee and Rs.30,000/- as transportation charges.
4. It was prayed that the appellant may be directed to pay each of the respondents an amount of Rs.38,000/- as refund of course fee, Rs.30,000/- as transportation charges and Rs.3.00 lacs as compensation for wastage of three precious years of each respondent and Rs.5,000/- as litigation expenses.
5. In the written version filed on behalf of the appellant, preliminary objections were taken that the respondents have concealed material facts and complaint deserves dismissal. True facts are that the appellant has been running the centre for Industrial Training since 2002 under the name and style of Sahibzada Ajit Singh Industrial Training Centre (S.A.S.I.T.C.) at Border Road, near BSF Headquarter, Fazilka. The Industrial Training and the appellant come under the direct control and provision of Director, Technical Education and Industrial Training, Punjab. The appellant vide request letter dated 02.03.2004 wrote to the Director Technical Education and Industrial Training and sought permission to shift the centre from Mahuwana Bodla to Fazilka and for starting the trade of Electrician in the centre. The appellant kept on sending the request letters for grant of permission after fulfilling all the First Appeal No.626 of 2008 4 formalities. In the meanwhile, the Deputy Director of the above department directed and verbally allowed the appellant in June, 2004 to shift the said centre and take the admission of the candidates in the Electrician Trade for the session 2004-2006. Accordingly, the appellant advertised the pamphlets, but never mentioned in the said pamphlets that it has got the approval from the National Council of Vocational Training (NCVT) and Director General of Employment & Training (DGE&T) for the said course. It was otherwise mentioned in the pamphlets that the said diploma course/trade was recognized by NCVT and DGE&T as per their Industrial Training Manual.
6. After grant of aforesaid permission by the concerned authorities of the department of Industrial Training, the Selection Committee was constituted, comprising of S.D.M., Fazilka and Principal, I.T.I., Fazilka. The admissions were made to the courses of COPA and Electrician in August, 2004 in the presence of the Selection Committee and it was brought to the notice of the candidates, seeking admission that the appellant has got verbal permission from the concerned department to carry out the admissions to the courses for the session 2004-2006 and the matter regarding the formal grant of affiliation to the appellant for the diploma courses was under process. The appellant specifically made a note on the lower half of the pamphlet as follows:-
"The candidate seeking admission in any institute, are strongly advised to inquire about the affiliation of the institute with N.C.V.T.".
7. It is pertinent to mention that the affiliation for the aforesaid trade is granted by the NCVT and DGE&T only on the recommendation of the Director, Technical Education and Industrial Training. The admission of the trainees/candidates was registered with the Punjab State Board of Technical Education and Industrial Training. The appellant after making the admission of the candidates regularly sent the request letter to the concerned department for the early inspection of the centre and for early grant of affiliation, but the same was not done and the appellant is not at fault. First Appeal No.626 of 2008 5
8. The S.A.C., as constituted by department of Technical Education and Industrial Training, further recommended the case of the affiliation of the appellant to the concerned Director and the appellant vide request letter dated 15.02.2007 sought the permission for conducting final trade test of the Electrician Trade and finally on 02.04.2007, the Director recommended the case of the appellant vide letter dated 02.04.2007 to the DGE&T for affiliation of Electrician Trade with NCVT and the final trade test is likely to be conducted in the month of July, 2007 and the examinations are likely to be conducted in July, 2007 and there is no deficiency in service on the part of the appellant in conducting the examination. The complaint is bad on account of mis-joinder of necessary parties and the respondents have no locus standi to file the complaint. The respondents have not come to the Forum with clean hands.
9. On merits, it was admitted that the appellant is running the centre for Industrial Training at Border Road, near BSF Headquarter, Fazilka. A railway pass was got arranged by the appellant for Amandeep, respondent and other respondents were residing within the vicinity of the centre and they did not spent any amount on transportation charges. Other similar pleas as taken in preliminary objections were repeated and denying allegations of the complaint, it was prayed that the complaint may be dismissed with costs.
10. Parties led evidence in support of their respective contentions by way of affidavits and documents.
11. After going through the documents and material placed on file and after hearing the learned counsel for the parties, the learned District Forum observed that the appellants gave allurement to the respondents for getting admission in the institute which was never recognized/affiliated with any competent authority. The appellant has not been able to conduct the examination for two years and the respondents suffered mentally, economically and physically at the hands of the appellant and the appellant was deficient in providing services to the respondents as per the pamphlet First Appeal No.626 of 2008 6 Ex.C-1. The complaint was accepted and the appellant was directed to refund Rs.38,000/- to each of the respondents along with compensation of Rs.12,000/- to each of the respondents for causing mental harassment. This amount was ordered to be paid within one month of the receipt of copy of the order, failing which the respondents were entitled to interest @ 12% p.a. on the above amounts from the date of filing the complaint i.e.15.03.2007 till realization.
12. Aggrieved by the impugned order dated 16.04.2008, the appellant has come up in appeal, with a prayer to set aside the impugned order passed by the District Forum.
13. On the other hand, the Sh. Babu Lal & Ors., respondents/ complainants in all the cases have filed joint cross appeal i.e. F. A.No.977 of 2008 (Babu Lal & Ors. Vs Sahibzada Ajit Singh Industrial Training Centre), seeking enhancement of the compensation.
14. We have gone through the pleadings of the parties, perused the record of the learned District Forum and have heard the arguments advanced by the learned counsel for the parties.
15. The version of the appellant is that there is no deficiency in service on the part of the appellant. In the pamphlet Ex.C-1, it was informed to the general public that the said development courses/trade were recognized by the National Council of Vocational Training and Director General of Employment & Training. The admissions were carried out in the presence of the Selection Committee, for the session of 2004-06 and the candidates were duly informed that the affiliation/approval is awaited. The appellant wrote a number of letters i.e. Ex.R-3 to Ex.R-6, but the delay was caused by the Director, Technical Education & Industrial Training, Punjab, Chandigarh and ultimately, the department sent a letter dated 02.04.2007 to Director General of Employment & Training, Ministry of Labour, Govt. of India, New Delhi regarding the affiliation and vide letter dated 11.07.2007, the appellant institute was granted provisional permission to take admission for First Appeal No.626 of 2008 7 August, 2007 session. Thus, the appellant was not, at all, at fault and there was no deficiency in service or unfair trade practice and the order of the District Forum is not sustainable and is liable to be set aside.
16. On the other hand, learned counsel for the respondents has contended that the impugned order passed by the District Forum is legal and valid and there is no ground to interfere with the same and the appeal may be dismissed.
17. We have considered the respective version of the parties and have minutely examined the entire record placed on the file.
18. Pamphlet Ex.C-1 is the information regarding taking admission in Sahibzada Ajit Singh I.T.I. and it is specifically mentioned that the admission is open for recognized following diploma courses by the NCVT and DGE&T and related to Punjab State Technical Education Board, Chandigarh and the following courses were mentioned:-
(i) Computer Operation & Programming Assistant (COPA)
(ii) Electrician
(iii) Wireman
19. Under it, again it is reiterated that the above diplomas are recognized by the National Council for Vocational Training and DGE&T and then, the facilities provided are mentioned. A note is given that for taking admission in any institute, the recognition from NCVT must be inquired. This note given is not related to the appellant institute, because the appellant has mentioned twice on this pamphlet Ex.C-1 that it is recognized for the above courses and this note is rather for other institutions and the appellant allured the students, including the respondents to take admission, with the writing on the wall that the above courses are recognized. The respondents took admission and paid Rs.38,000/- each as course fee for the year 2004-2006, but as admitted by the appellant in its reply itself, the examination was not conducted in the year 2006 and even till July, 2007, no recognition/approval First Appeal No.626 of 2008 8 was received. Mere writing of letters regarding approval/affiliation is not sufficient to exonerate the appellant. Vide letter Ex.R-8 dated 20.04.2007, the Director, Technical Education & Industrial Training, Punjab wrote to the Director General of Employment & Training, Ministry of Labour, Govt. of India, New Delhi requesting to grant the affiliation of Electrician trade with NCVT. This further proves that upto 20.04.2007, there was no recognition/approval of the competent authority and as per own admission of the appellant, the approval was received in July.
20 The respondents not only paid the hard earned money to the appellant as course fee amounting to Rs.38,000/- each, but also wasted 2-3 previous years of their lives and they were deprived of taking diplomas in the desired courses. The appellant allured and misrepresented the fact that it is recognized/approved by the competent authority, to grant diploma courses, but it was not so.
21. The District Forum has allowed only the refund of the course fee and has granted Rs.12,000/- only as compensation, but this compensation is very meager and the wastage of the precious period of 2-3 years of the respondents cannot be compensated in any manner, but the compensation is definitely required to be enhanced. The appeal filed by the appellant is false and frivolous and deserves to be dismissed. On the other hand, the appeal filed by the respondents/complainants deserves to be accepted for enhancement of the compensation.
22. Sequel to the above discussion, the appeal i.e. F.A. No.626 of 2008) is dismissed and the appeal i.e. F.A. No.977 of 2008 filed by Sh. Babu Lal & Ors., (appellants in F.A. No.977 of 2008) is accepted and the impugned order under appeal dated 16.04.2008 passed by the District Forum is modified and the compensation of Rs.12,000/- each awarded by the District Forum is enhanced to Rs.50,000/- each (Rupees Fifty Thousand) in Complaints No.129 to 131 of 2007. Remaining order of the District Forum is affirmed and upheld.
First Appeal No.626 of 2008 9
23. The appellant in F.A. No.626 of 2008 had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal. This amount with interest accrued thereon, if any, be remitted by the registry to the respondents/ complainants in equal shares by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellant.
24. As per copy of order dated 31.08.2009 passed by the District Forum in E.A. No.14 of 2009, the appellant deposited Rs.1,25,000/- in the District Forum and it was ordered to be disbursed to the respondents, after awaiting the order of this Commission, if any, for 40 days. The respondents/complainants, if not already received the aforesaid amount from the District Forum, are at liberty to approach the District Forum for release of above amount.
25. Remaining entire amount shall be paid by the appellant to the respondents/complainants within 45 days of the receipt of copy of the order. First Appeal No.627 of 2008:-
26. Similarly, in F.A. No.627 of 2008 (Sahibzada Ajit Singh Industrial Training Centre Vs Amandeep & Ors.), the respondents got admission in the course of Electrician Trade for two years in the institution of the appellant in August, 2004, on the assurance that their course will be completed in July, 2006. The appellant charged Rs.38,000/- from each of the respondents as course fee and issued the receipts. The respondents were residing at a distant place and they have to spend Rs.40,000/- each for transportation charges, as they were regularly attending the course. The appellant did not conduct the examination of Electrical Trade in July, 2006 and on inquiry, the respondents came to know in July, 2006 the appellant has no approval from NCVT and DGE&T. It was prayed that the appellant may be directed to pay each of the respondents an amount of Rs.38,000/- as refund of course fee, Rs.40,000/- as transportation charges and Rs.3.00 lacs as First Appeal No.626 of 2008 10 compensation for wastage of three precious years of each respondent and Rs.5,000/- as litigation expenses.
27. The complaint was contested by the appellant by filing written version on the similar lines of their written version given in F.A. No.626 of 2008.
28. The District Forum vide the impugned order dated 16.04.2008 allowed the complaint in terms of Para-11 of this order.
29. In view of the reasons and discussion held in F.A. No.626 of 2008 (Sahibzada Ajit Singh Industrial Training Centre Vs Pardeep Kumar & Ors.), the F.A. No.627 of 2008 (Sahibzada Ajit Singh Industrial Training Centre Vs Amandeep & Ors.) is dismissed. No order as to costs.
30. The appellant had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal. This amount with interest accrued thereon, if any, be remitted by the registry to the respondents/ complainants in equal shares by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellant.
31. As per copy of order dated 31.08.2009 passed by the District Forum in E.A. No.13 of 2009, the appellant deposited Rs.1,25,000/- in the District Forum and it was ordered to be disbursed to the respondents, after awaiting the order of this Commission, if any, for 40 days. The respondents/complainants, if not already received the aforesaid amount from the District Forum, are at liberty to approach the District Forum for release of above amount.
32. Remaining entire amount shall be paid by the appellant to the respondents/complainants within 45 days of the receipt of copy of the order. First Appeal No.628 of 2008:-
33. Similarly, in F.A. No.628 of 2008 (Sahibzada Ajit Singh Industrial Training Centre Babu Lal & Ors.), the respondents/ complainants got admission in the course of Electrician Trade for two years in the institution First Appeal No.626 of 2008 11 of the appellant in August, 2004, on the assurance that their course will be completed in July, 2006. The appellant charged Rs.38,000/- from each of the respondents as course fee and issued the receipts. The respondents were residing at a distant place and they have to spend Rs.30,000/- each for transportation charges, as they were regularly attending the course. The appellant did not conduct the examination of Electrical Trade in July, 2006 and on inquiry, the respondents came to know in July, 2006 the appellant has no approval from NCVT and DGE&T. It was prayed that the appellant may be directed to pay each of the respondents an amount of Rs.38,000/- as refund of course fee, Rs.30,000/- as transportation charges and Rs.3.00 lacs as compensation for wastage of three precious years of each respondent and Rs.5,000/- as litigation expenses.
34. The complaint was contested by the appellant by filing written version on the similar lines of their written version given in F.A. No.626 of 2008.
35. The District Forum vide the impugned order dated 16.04.2008 allowed the complaint in terms of Para-11 of this order.
36. In view of the reasons and discussion held in F.A. No.626 of 2008 (Sahibzada Ajit Singh Industrial Training Centre Vs Pardeep Kumar & Ors.), the F.A. No.628 of 2008 (Sahibzada Ajit Singh Industrial Training Centre Babu Lal & Ors.) is dismissed. No order as to costs.
37. The appellant had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal. This amount with interest accrued thereon, if any, be remitted by the registry to the respondents/ complainants in equal shares by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellant.
38. As per copy of order dated 31.08.2009 passed by the District Forum in E.A. No.15 of 2009, the appellant deposited Rs.1,25,000/- in the District Forum and it was ordered to be disbursed to the respondents, after First Appeal No.626 of 2008 12 awaiting the order of this Commission, if any, for 40 days. The respondents/complainants, if not already received the aforesaid amount from the District Forum, are at liberty to approach the District Forum for release of above amount.
39. Remaining entire amount shall be paid by the appellant to the respondents/complainants within 45 days of the receipt of copy of the order.
40. The arguments in all these appeals were heard on 26.02.2013 and the orders were reserved. Now the orders be communicated to the parties.
41. The appeals could not be decided within the stipulated timeframe due to heavy pendency of court cases.
42. Copy of the order be placed in:
F. A.No.977 of 2008 Babu Lal & Ors. Vs Sahibzada Ajit Singh Industrial Training Centre F. A.No.627 of 2008 Sahibzada Ajit Singh Industrial Training Centre Vs Amandeep & Ors.
F. A.No.628 of 2008 Sahibzada Ajit Singh Industrial Training Centre Vs Babu Lal & Ors.
(Inderjit Kaushik) Presiding Member (Vinod Kumar Gupta) Member February 28, 2013.
(Gurmeet S)