V B AGGARWAL Vs. KUMAR ABHIJEET

JUDGEMENT

(1.) The appellant was operating as franchisee of M/s. Reliant Informatics for professional teaching. The respondent registered himself on 29.12.1999 with the appellant for E-Commerce (full course) for duration of 5 months and started attending the class from January, 2000. The respondent paid Rs.23,600/- as fees for the course in five instalments besides Rs.500/- as registration fees and Rs.1,000/- as prospectus fees. The last instalment of Rs.5,000/- as paid by the respondent on 7.7.2000. Admittedly the course was to end on 7.7.2000 but the appellant could not provide the facility to conclude the course within the stipulated period. However, the respondent went to the appellant institute on 8.12.2000 but found that has been closed without any prior information to him. However, the Guard standing at the institute informed the respondent that the same has been shifted to Mayapuri. When he went to Mayapuri he was informed that the appellant is no more franchisee of Tata Informatics. When the respondent asked the refund of the amount paid by him the appellant asked him to continue the course at Mayapuri. Since the respondent was not interested in continuing the course because of the appellant having ceased to be the franchisee of Tata Informatics and the appellant refused to refund the amount of fees paid by him, the respondent approached the District Forum and obtained the impugned order whereby the appellant was directed to refund Rs.23,600/- charged from the respondent with interest @ 10%.

(2.) The impugned order has been assailed by the Counsel for the appellant mainly on the ground that there was no deficiency in service on the part of the appellant as the respondent himself discontinued attending the classes from 7.7.2000 and suddenly appeared on 8.12.2000 and by that time all the other candidates had completed their course and the institute had already been shifted to Mayapuri because of the losses suffered. It is further contended that the respondent did not pay even the last instalment of Rs.5,000/- and stopped attending the classes from 7.7.2000.

(3.) In support of the aforesaid plea the appellant has produced certificates of two students who completed the course in July and August and certificates were issued on 15th September, 2000 and 30th September, 2000 respectively. As per own admission of the appellant the course was for five months duration but the students whose certificates of completion of course have been produced by the appellant completed course in July and August. Thus the appellant is guilty of deficiency in service in not completing the course within stipulated period of five months which commenced from 6.1.2000.