D C SOOD Vs. NIIT

JUDGEMENT

(1.) IN this appeal filed against judgment and order dated 7.10.2003 passed by District Consumer Disputes Redressal Forum -I, U. T. , Chandigarh [for short hereinafter referred to as the District Forum] dismissing the Complaint Case No.102 of 2002 filed by Col. D. C. Sood against NIIT and M/s. Delta Information Services Limited, the short submission made by the appellant is that the District Forum has wrongly held that he was not a consumer vis -a -vis the O. Ps. inasmuch as it was the Indian Army, which had approached the respondents and entered into an agreement for imparting education of Post Graduate Diploma in Information Technology and Management.

(2.) BEFORE dealing with the aforesaid contention, the facts of the case may briefly be narrated. The appellant is in active service of Indian Army. And he was granted two years study leave by the Military Training Directorate Army Headquarters vide letter dated 8.9.1999. The period of leave was from 30.9.1999 to 29.9.2001. The appellant was to pursue Post Graduate Diploma in Information Technology and Management from M/s. Delta Information Services Limited (a licensee of NIIT) Sector 11, Panchkula. The appellant was charged a sum of Rs.36,000/ - for two years Post Graduate Diploma Course, which was paid in instalments. The grievance of the appellant was that the respondents were not at all serious in qualitative and quantitative instructions as they were only interested in collecting fees. A syllabus had been issued by the company at time of enrolment and the said syllabus was to be followed for a period of two years and it had the approval of the Military Training Directorate of the Army Headquarters. The respondents followed the syllabus for first semester only and there was no set schedule followed by them and a major portion of the syllabus was not covered at all. It was alleged that many items were covered partially only. The uncovered syllabus and incomplete portion of the same were detailed in the complaint and which have been extracted under Captions (a) and (b) showing 'uncovered syllabus'; and 'incomplete portion' respectively. Even the faculty was bad and during the complete two periods, there was only one test conducted and that too in the first month only. It was alleged that six instructors were changed by the respondents either due to incompetence or not being able to retain them due to poor remunerations.

(3.) ALLEGING deficiency in service on the part of respondents, complaint was filed seeking refund of Rs.36,000/ - paid to the respondents as course fees with damages of Rs.1 lac for harassment resulting from the aforesaid deficiency in service.