ANUJ MEHTA Vs. FRANK GROUP OF COMPANIES

JUDGEMENT

(1.) ANUJ Mehta and his father Group Captain Vishwabandhu Mehta have filed this complaint against the opposite party M/s. Frank Airways Pvt. Ltd. later on merged with Frank Group of Companies, Nariman Point, Mumbai claiming compensation of Rs. 6,41,000/ - for the alleged deficiency in service for not completing flying course as per contract.

(2.) THE brief facts of the case are that M/s. Frank Airways Pvt. Ltd. was conducting a course for teaching flying. This company was previously known as Udan Research and Flying Institute Pvt. Ltd. Complainant No. 2 Group Captain Vishwabandhu Mehta approached this institution for admission to the course of training and teaching of flying to his son Anuj Mehta. The Institution vide letter dated 23.5.1996 intimated that conditions for training were as under:

(3.) THE complainant deposited the requisite fees and joined the course in the month of June, 1996. The Institution could not complete this course within prescribed time of 12 -15 months and, therefore, the complainant No. 2 Group Captain Vishwabandhu Mehta approached the Institution to complete the balance 30 hours of flying training by October, 1998, but the institution did not pay any attention and when a notice was given to the institution Frank Airways, then in turn intimated that the complainant has not deposited the total fees of Rs. 5,00,000/ - and also Rs. 1,00,000/ - for lodging, boarding and transportation. Therefore, the institution demanded this amount from the complainant. The complainant intimated to the institution that he had already deposited Rs. 4,85,000/ - towards teaching and training with the Udan Research and Flying Institute Pvt. Ltd. and Rs. 1,00,000/ - for lodging, boarding and transportation with the Y.A.L. International and, therefore, no amount is due to be paid by the complainant. He requested to get the course completed but when the institution did not pay any attention to his request, the complainant No. 2 withdrew his son the complainant No. 1 from the institution and admitted his son to M.P. Flying Club, Indore on 5.11.1998 for completion of remaining 30 hours of flying training. He then demanded refund of Rs. 66,000/ - from the Institution but the Institution did not listen to him, therefore, he filed this complaint alleging deficiency in service and claiming refund of flying fees for remaining 30 hours totalling Rs. 66,000/ - with compensation for delay in completion of course and consequential loss of earning to the tune of Rs. 5,81,000/ -.