Decided on December 10,2008



N.KANNADASAN, J. - (1.) The brief facts as set out in the complaint is as follows: The complainant has completed higher secondary course in the year 2001. He intended to pursue higher studies in computer education. At that point of time, the opposite parties issued advertisements in leading dailies, wherein tall claims were made under the caption The Australian IT Industry is currently having a skill shortage of about 35000 IT professional, with a question Want to be a part of the solution and thepamphlets, Prospectus and the Brochures, Diploma in Information Technology, Software Development, A 16 month programme that begins in India and ends in Australia (Melbourne City) issued jointly by AITCI, Australian IT Career institute and Asset International, Chennai. The complainant after going through the above advertisement has opted to join the said course. According to the prospectus of the opposite parties, it was proclaimed therein that they intended to offer education for employment and also announced that they have an alliance with Australian IT Career Institute (AITCI) a Subsidiary of Powerlan Limited, offering IT education, a first of its kind in India. The duration of the course was indicated as 16 months, and the 1st first 6 months programme commenced from August 2001 to January 2002, and the said course would be offered initially by the 2nd opposite party and thereafter at Australia for the remaining period. The brochure issued by the opposite parties also contained the following caption The IT Training covers two countries, the IT carreer opportunities cover the globe. The complainant has submitted his application and by communication dt.26.6.2001, he was informed about the selection and the study programmes. Subsequently, the complainant attended interview and the 2nd opposite party in its communication dt.10.7.2001 informed him that he was provisionally selected. Thereafter the complainant has paid Rs.75000/- by way of tuition fees and towards the course fees for diploma in Information Technology- Software Development as per correspondence of second opposite party dt.10.8.2001 and 22.10.2001. The complainant has subsequently paid further amount of Rs.5000/- to the British Deputy High Commission towards IELTS Test Fees and another sum of R.5000/- for the preparation of the said course. The complainant has attended the course from 29th August 2001. He has also purchased a computer with accessories worth about Rs.65000/- on 22.10.2001. The complainant has also obtained bank loan and a sum of Rs.1,65,000/- was disbursed so far and he has also taken an Endowment Policy for Rs.4 lakhs and is paying the premium continuously, which is one of the mandatory condition for going abroad. In the meanwhile, by correspondence dt.16.10.2001, the complainant was informed that AITCI is withdrawing from the International Education Market and new students would not be admitted, and those who have already registered with Asset International, can pursue similar course with TAFE NSW, Southern Sydney. The complainant was shocked to note that the new course, which was promised is for a period of two years and it would cost an additional sum of A$ 17000/-. Apart from additional expenses, to process visa the application has to be submitted to the Australian High Commission before 4.12.2001. Under the above circumstances, the complainant was not in a position to pursue further studies and an academic year was lost to him and he was constrained to pay interest to the Bank as well as premium to the policy and incurred huge expenses and accordingly claimed a sum of Rs.13,81,000/- under various heads alleging deficiency in service.
(2.) The opposite parties resisted the complaint as set out hereunder: The various averments made in the complaint are not based on the correct facts. The complainant has joined the course conducted by the opposite parties for a Diploma in Information Technology & Software Development in the month of August 2001. It is admitted that the complainant has to complete four modules (Ver 2.0) of E-Commerce in India and the rest of module to be completed in Australia wherein the first opposite party had a tie up with a leading Australian conglomerate namely M/s.Powerlan Limited which is one of Australias largest IT & T Companies of whom M/s.AITIC (Australian IT Careers Institute) is a subsidiary. The complainant had paid a total tuition fee of Rs.75,000/- towards the course opted by him. When things stood thus as the course was progressing the opposite parties were shocked to receive a communication from the Australian IT Carriers Institute dated 06.09.2001 unilaterally terminating the contract for imparting the course. On termination of the contract, the opposite parties acted immediately and made arrangements for existing students to continue their course in another premier institution namely TAFE NSW. The courses offered by the said Institute were also of the same standard and tuition fees charged was also on the same lines. Several other students have joined in the said Institute and they have sent letters of the appreciation. The complainant after discontinuing of the course in AITCI, joined in another Institute which is suppressed in the complaint. The complainant having issued a legal notice only for a sum of Rs.1,62,000/-, has chosen to make an exorbitant claim without any basis. Under the said circumstances, the opposite party prayed for dismissal of the complaint.
(3.) The Learned Counsel for the complainant has filed Proof Affidavit and marked documents in Ex.A1 to Ex.A21. The opposite parties though filed a Version through their Counsels, have not chosen to file any documents. The Counsels for the opposite parties have reported no instructions. Hence, we are inclined to decide the matter on the basis of the materials available on record.;

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