SIDDANT DUBEY Vs. CAPTAIN J K DOGRA

JUDGEMENT

(1.) THIS complaint has been filed by a student who has been duped and defrauded by the OP by offering him Olive Branch of attractive and lucrative career of a commercial pilot. By false representations and allurements, admission fee and tuition fee in the sum of Rs. 96,000 was extracted from the complainant from the hard earned money of his father but when the complainant became aware of the mala fide intentions, he served notice (Annexure E with the complaint). The notice had some salutary effect as an amount of Rs. 25,000 was remitted back to him on 22.3.2009 vide annexure F. It is also averred in the complaint that the complainant had to go to Delhi from time -to -time and had to spent money from his pocket for his boarding and lodging. In the beginning, he was imparted some learning skills regarding aviation during the period when he regularly attended classes for 35 days between 10th of July to ending August 2008. He had undergone a medical test for which he had to pay consultation charges (annexure H). The fraudulent conduct of the OP became axiomatic from the fact when false and fabricated certificate dated 4.6.2008 (Annexure K) was given to the complainant. The complainant became suspicious about its authenticity as to how the certificate could be of that period when he was not given admission in the records of OP. As per Annexure C the complainant was admitted on 12.7.2008 for imparting the alleged training. Not only that, to add insult to the injury, the OP had informed the complainant vide Annexure L that examination for Students Pilot Licence Examination would be held on 24.2.2009 in the centres mentioned therein and one of the centre was shown at Aligarh. The complainant purchased Railway Tickets in advance for undertaking journey to and fro but before undertaking the journey contacted the "contact man" Mr. Madan Sharma named therein who candidly told the complainant that such exam had already been conducted. The fraudulent plot was thus unearthed and complainant made inquiries from internet and found that OP s Institute was not recognized by the Competent Authority namely, Director General of Civil Aviation, New Delhi. The recognized flying clubs/institutes/schools as disclosed from the internet are found in Annexure "J". The OP was fleecing the students so much so that from the complainant an amount of Rs. 11,000 had been charged vide Annexure D excess than the chargeable fee shown in the Brochure attached with the complaint as Annexure B . The complainant has claimed the following reliefs:

(2.) REGISTERED notice of the complaint was given and served upon the OP who failed to enter appearance and file the written version. The complainant tendered his evidence on affidavit, in ex parte manner, and supported the above stated averments made in the complaint. Since the allegations made in the complaint go un -rebutted, so it is held, without any manner of doubt that complainant has succeeded in proving his case. In this view of the matter it is held that OP is carrying on "unfair trade practice" of a highly fraudulent nature, in order to dupe and defraud the members of student community at large. It can reasonably be inferred that like the complainant, some other innocent students might have fallen in the trap of OP. By carrying such trade and practice, the OP has not only infracted the provisions of the Jammu and Kashmir Consumer Protection Act but he can be proceeded against under the criminal law by the Competent Authorities. The Commission is viewing such unfair trade practice with all serious concern. It is hoped and trusted that the Government of India will take notice under the relevant law and take action against the OP so that other students like the complainant are saved from being duped, cheated and suffer in their career prospects. We allow the complaint and grant the relief of the special damage claimed by the complainant totalling Rs. 1,08,000 (one lac and eight thousand only) with interest @ 9% p.a from the date of filing the complaint till realization. Besides, the complainant is entitled to the compensation of Rs. 10 lacs for the loss of one academic year as also loss of one precious year of his life Ordered accordingly. Litigation expenses in the sum of Rs. 5,000 are also awarded in his favour. The file is consigned to records.