MUKESH GUPTA Vs. KIRAN THAKUR

JUDGEMENT

(1.) Heard Counsel for the petitioner who urged before us that the petitioner is not aggrieved by the order of the District Forum, but his main grievance relates to the enhancement made by the State Commission.

(2.) The District Forum had ordered the OP/petitioner to return fees received from the complainants with 9% interest with certain conditions in view of the civil suit pending between the present petitioner and National Productivity Council. In addition, the District Forum had awarded a sum of Rs.3,500/- as compensation and Rs.1500/- with cost of litigation. This order was not challenged by the present petitioner. However, the order of the District Forum was challenged by the complainants and the State Commission vide impugned order disposed of all the appeals by a common order against which, these revisions have been filed by the OP/petitioner. Therefore, all the revisions were heard together and are being disposed by a common order.

(3.) The OPs had floated job-oriented courses in Organic Agriculture Management and had issued prospects in this behalf. The OPs held out and represented that the course was in joint collaboration with National Productivity Council, Government of India Organization. The complainants joined the courses and completed the training of six months. The OP did not issue certificates and the stand taken by the OP is that the same could not be issued on account of dispute between the OP and National Productivity Council in respect of which, a civil suit has been filed. The National Productivity Council had denied any collaboration with the OP in respect of the said course. The complainant consumers cannot be made to suffer on account of inter see dispute, if any, between the complainant and the National Productivity Council and the State Commission rightly held that deficiency in service as well as unfair trade practice on the part of the petitioner is writ large and had rightly ordered return of not only the fees of Rs.35,000/-, but also Rs.15,000/- spent by each of the complainants in the training as also compensation of Rs. 10,000/- and cost of the appeal at Rs.1,000/- in addition to the cost awarded by the District Forum.