TESOL INDIA Vs. SANJEEV KUMAR

JUDGEMENT

(1.) VIDE this common order, we are disposing of three appeals bearing Nos. 661, 662 and 663 all of 2009 filed by OP i.e. Tesol India arising out of one and the common order dated 7.10.2009 passed by District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (for short hereinafter to be referred as District Forum) in complaint case No. 862 of 2009 : Sanjeev Kumar v. Tesol India, vide which two similar complaint cases bearing No. 864 of 2009 and 913 of 2008 filed by Gaurav Bakshi and Ali Asghar Gakhar were also decided.

(2.) BRIEFLY the facts as taken from complaint case No. 862 of 2009 are that according to the complainant Sh. Sanjeev Kumar on being attracted by an advertisement in the newspaper which stated "OVERSEAS JOB GUARANTEED" and job would fetch "MONTHLY 1 -3 LACS PLUS" and after paying the full fee of Rs. 50,000, took admission in the tesol programme with the OP As per the complainant, after completing the said course, no placement was give to him for a job. It was averred that when the complainant approached OP along with some other students, it flatly refused to help. It was told to the complainant by the OP that it had nothing to do with the polices of the Global Tesol College, Canada though at the time of admission, he was told by the OP that the OP was part of Tesol Global College, Canada. As per the complainant, OP mentioned job guarantee, fee refund and also of e -mail of successfully placed students but it failed to divulge the names of the successfully placed students although their brochure mentioned 99% job success rate. Alleging the failure of getting the job for him and non refund of his fee, as deficiency in service as well as unfair trade practice on the part of OP, the complainant had filed the present complaint.

(3.) THE version of OP is that it was to give the Tesol Certificate on the completion of the Tesol Programme, which certificate was valid to get overseas job. It was stated by the OP that it never guaranteed to provide any job to the persons undergoing the training and it was only to provide employer assistance to the person who completed the Tesol Course from the Institute, for which service, nothing was being charged from the person. OP next stated that it only charged the fee for the Training s Programme i.e. English to Speakers of other Language (Tesol). As per the OP, it had issued genuine certificates duly certified by the Govt. of Canada to the complainants. As per the OP, it was the duty of the complainants to apply and follow the steps for job process. The OP had taken an objection regarding non -impleading of Vocational Institute Pvt. Ltd., Chandigarh as party to the complaint case. Pleading no deficiency in service or unfair trade practice on its part, OP prayed for dismissal of the complaint.