- (1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 directed against the order dated 28.6.2003 passed by the District Consumer Disputes Redressal Forum, Raigarh (hereinafter referred to as the District Forum for convenience) in Complaint No. 22/01 filed by the appellant. The District Forum by the impugned order has disallowed the complaint for want of sufficient grounds to prove any deficiency on the part of respondent.
(2.) THE substance of the complaint is that the appellant had obtained admission to the computer centre run by the respondent for training of Honours Diploma in Computer Science (HDCS), by paying requisite fee on various dates and obtained necessary training till 26.11.2000. As averred the appellant also appeared in the exam for the final semester on 26.11.2000 and was successful as per result declared on 26.1.2001.
(3.) THE grievance of the complainant/appellant is that he was not given the complete certificate which deprived him of several opportunities of employment. An amount of Rs. 11,300/ - was collected from him towards fee as against Rs. 10,500/ -. As averred he was to receive 2 certificates while despite several requests and a legal notice served on the respondent, he was only given one. He has prayed for refund of the fee paid with interest, amount spent on subsistence during the training period in all Rs. 49,500/ - as compensation for mental harassment Rs. 2,000/ - and Rs. 15,000/ - as cost of litigation. In his reply to the complaint, the respondent admitted that the appellant was admitted to a 15 months Dual Diploma Training comprising HDCS the first part and Diploma in Network as the second part. Appellant appeared for and got through in the HDCS semester test held on 29.1.2001 but the HDCS Diploma was not issued for want of payment of balance fee for the entire period of 15 months. The certificate was issued on 29.3.2001 on payment of the balance fee. The respondent has averred that the appellant had threatened that he will see the respondent in the Court. The appellant was not given the Dual Diploma since he did not appear for the second part of the exam. As regards the recovery of fee it is contended that the fee for the entire course was Rs. 11,000/ - if paid in 15 monthly instalments, and Rs. 10,500/ - in case of lumpsum payments. The respondent has emphatically averred that the appellant appeared only in one test on 27.11.2000 for which a certificate has already been issued and prayed for imposition of cost on the appellant. The appellant during the course of arguments challenged the impugned order on the ground that the District Forum has failed to appreciate and interpret the facts of the case. However the Counsel for respondent defended the impugned order.;