(1.) This is an appeal against the order of District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh (for short hereinafter to be referred as District Forum-I) dated 28.10.2005 in Complaint Case No.528 of 2003 Col. Rakesh Sharma V/s. NIIT.
(2.) Shri M. G. Sharma, authorised representative of the appellant brought out that there was misrepresentation by respondent No.2 in respect of principal-agent relationship of the respondents for the period 25.9.2000 to 24.9.2002. He referred to paragraph No.2 of the internal page 4 of the impugned order and quoted that the licence agreement dated 30.9.2004 of the respondent No.2 i. e. , M/s. Delta Information Services Private Limited indicates that the licensee is an independent contractor and is neither an agent, nor legal representative, nor partner, nor subsidiary, nor joint venture, nor their employee and, therefore, the O. P. No.1 is not responsible for any wrong committed by the licensee. He highlighted that the agreement referred to is dated 30.9.2004 whereas the complaint pertains to the period 25.9.2000 to 24.9.2002. He further stated that under the circumstances, use of stationery of M/s. NIIT Limited by M/s. Delta Information Service Private Limited is a misrepresentation and unfair trade practice and that the learned District Forum had not taken cognizance of this fact.
(3.) We have gone through the impugned order and find that the present complaint brings out similar issues as brought out in =first Appeal No.97 of 2005, Col. D. C. Sood V/s. NIIT, 2004 4 CPJ 723 dismissed vide order dated 27.9.2003. It is also pertinent to mention that the complainant has himself given six monthly feedback, one year feedback and 1 year feedback wherein he has under his own signatures certified that the course is running as per the schedule and that he has been graded during the period and has also stated that his attendance has been 100 per cent.