TESOL INDIA Vs. GOVIND SINGH PATWAL

JUDGEMENT

(1.) This is a bunch of six revision petitions, which have been filed by Tesol India, who was sole opposite party before the District Consumer Disputes Redressal Forum, U.T., Chandigarh (District Forum for short), against the orders dated 17th of March, 2010 passed by the State Consumer Disputes Redressal Commission, Union Territory, Chandigarh (State Commission for short). The State Commission has dismissed all the six appeals filed by the petitioner/opposite party by passing identical orders. We, therefore, propose to dispose of all the six revision petitions by this common order.

(2.) In brief, the facts of the cases, as alleged by the complainants, are that the petitioner/opposite party had published an advertisement in newspapers offering a course by the name of "Learn to Earn" with Overseas Job Guaranteed luring the prospective candidates by indicating their overseas placement with handsome pay package on completion of the programme so offered. On being attracted by the same, the complainants sought admission in the said course, deposited the fee prescribed and completed the course. The complainants allege that though they were issued certificates to this effect by the petitioner/opposite party but no action was taken by it for their placement. After waiting for a considerable period when the complainants approached the petitioner/opposite party, it not only refused to do anything for their placement but also denied refund of the fee. The complainants allege that at the time of admission, they received a brochure of Global Tesol College, Canada, which, inter alia, stated 'job-guarantee', fee refund and e-mails of successfully placed students. The logo of Global Tesol College, Canada was used by the petitioner/opposite party stating that they were also a part of this college and now on completion of the course when they had to provide placement to the complainants they are refusing to do anything on the pretext that their policies have nothing to do with the Global Tesol College, Canada.

(3.) In this background, alleging deficiency in service on the part of petitioner/opposite party, the complainants had filed their separate complaints before the District Forum, which, on appreciation of rival submissions of both the parties, while allowing the complaints directed the petitioner/opposite party to refund the fee deposited by the complainants (in some cases with 9% interest per annum from the date of institution of the complaint till payment made), besides compensation varying between Rs.7500/- to Rs.20,000/- and cost of litigation varying between Rs.2500/- to Rs.5,000/-. It was also directed by the District Forum that in case the payment is not made by the petitioner/opposite party within 30 days from the receipt of the order, it shall also be liable to pay penal interest @ 12% to 18% per annum from the date of the order till realization.