- (1.)It is an appeal against the order dated 24.2.2003 of the District Consumer Disputes Redressal Forum, Patiala (hereinafter called the District Forum ).
(2.)Brief facts stated in the complaint are that the respondent-complainant Shri Jatinder Singh Walia (hereinafter called the complainant) joined On Line Quality Medical Transcription Training (QMTT) Plan-II with the appellant-opposite party (hereinafter called the opposite party) on December 22, 2000. He paid Rs.48,000/- as fee for the course. It is alleged in the complaint that at the time of admission he was given assurance that the course would be completed within six months and that there was 100% job assurance with a minimum start of Rs.72,000/- to Rs.1,44,000/- annually. It was also assured that the course was a joint venture of ESL and CS providing on Line QMTT for the first time in India. The complainant was further assured to use of internet, communication centre facility and on line library, for which he would be given password for the user of the name for the on Line Career step course. However, the complainant was given password after a gap of three months i. e. , on 19.3.2001 instead of on the date of joining. The course was completed in September, 2001 instead of June, 2001. During the course of training the work and conduct of the complainant remained excellent and he gave a target with 96% accuracy. It was further stated in the complaint that after the completion of the training the complainant was to be considered for regular employment in ESL. However, the opposite party gave him an offer of O. J. T. vide letter dated 11.10.2001 with the assurance that after the completion of the said course he would be directly appointed as M. T. The complainant under compulsion completed the training as O. J. T. During these three months he was not given exact remuneration. The opposite party extended the period of O. J. T. plus MTA for another two months. After the expiry of two months the complainant was asked to continue as MTA before he was appointed as M. T. The complainant, however, gave resignation. It was then alleged in the complaint that all these acts of omission and commission on the part of the opposite party amounted to unfair trade practice and deficiency in service. The complainant ultimately sought the refund of the fee submitted by him to the opposite party as well as compensation of Rs.2,00,000/- on account of loss of salary, harassment, inconvenience and mental torture.
(3.)Opposite Party Nos.1 to 3 filed their joint written reply. Preliminary objections taken therein were that the complainant had no locus standi to file the complaint and the complaint was false and frivolous. On merits, it was admitted that the complainant had joined the course for online QMTT Plan-II with certain terms and conditions. As per one of the requirements, the complainant was to pass the final test of Career Step International, USA to become eligible for direct appointment as Medical Transcriptionist. He, however, failed to pass the said test. So he was not eligible for the direct appointment as M. T. however, to help the complainant and other candidates similarly placed the Career Step India provided them an opportunity to qualify the internal test of the Company to become eligible for the post of own-job-trainee with stipend of Rs.2,000/- per month. It was alleged in the reply that the complainant had accepted this job voluntarily. He was further promoted to the post of Medical Transcriptionist (apprentice) with a salary of Rs.4,000/- per month. He was supposed to be promoted as Medical Transcriptionist with salary of Rs.5,500/- per month depending upon his performance but he had resigned from the post. It was pleaded in the reply that the job assurance of the training was subject to successful completion of the course and also subject to clearance of the Career Step International Online final examination. It was further admitted in the reply that it was a joint venture of ESL and Career Step LLC, USA providing online QMTT for the first time in India. It was also stated that the password was provided to the complainant when he was ready to undertake the online QMTT of Career Step LLC, USA, which was source Company to provide password. The period of training was extended in the interest of the complainant and whole of the cost was borne by the opposite parties. It was denied if the complainant had given the performance target with 96% accurancy. It was also stated in the reply that the post of Medical Transcriptionist was given only after clearance of the test of Career Step International, USA. The opposite parties had committed to give the post of online-job-trainee to him and other candidates provided they qualified the internal test of Career Step India. In order to help the complainant he was appointed as own-job-trainee and then Medical Transcriptionist Apprentice before he could be offered the post of M. T. depending upon his performance but he himself had resigned. The other colleagues of the complainant were still working on the post of Medical Transcriptionist. According to the opposite parties, there was no unfair trade practice or deficiency in service on their part.