BEFORE THE PERMANENT LOK ADALAT, ERNAKULAM GROUND

FLOOR, ADR CENTER, DISTRICT COURT ANNEX PREMISES, KALOOR,

KOCHI
O.P/306/2019

In the matter of:

SMT. PRASOBHA …COMPLAINANT

Versus

VLCC HEALTH CARE ... RESPONDENT

SHORT REPLY ON BEHALF OF VLCC HEALTH CARE (INDIA) PVT. LTD.

(HEREIN REFERRED TO AS THE “ANSWERING RESPONDENT”).

Most Respectfully Showeth:

1. That the outset, the Answering Respondent denies each and every
statement or contention which is inconsistent with, or contradictory to,
whatever is stated in this written statement, and no statement, or
contention, not specifically denied by the Answering Respondent shall be
deemed to have been admitted, merely for the want of a specific
transverse. It is also submitted that the entire reply/ written statement
may kindly be read as a whole.

1. The Answering Respondent wishes to submit the present short reply as it

only has no role to play in the present case and is not liable on merit.

2. The Complainant has unnecessarily instituted the instant proceeding

before the Hon’ble Forum with mala fide intentions to make unjust gains
and has been unnecessarily and wrongly been arrayed as a party to the
presents without any cause of action.
3. The answering respondent craves the liberty from this hon’ble forum to
file a detailed reply / add/ amend the present short reply if required at
later stages.

PRELIMINARY OBJECTIONS

4. That at the outset, this Answering Respondent denies all the allegations
contained in the complaint, except those, which are specifically admitted
hereinafter in this written statement, and nothing stated in the
complaint should be deemed to be admitted merely because the same is
not specifically traversed. It is also submitted that, anything stated in the
complaint contrary to and/or inconsistent with what is stated in the
present written statement be deemed to be expressly denied.
5. That complainant has given you misinformation that she has paid a sum
of Rs. 4,08,796/- towards the fees of CIDESCO/IDC Exam preparation.
 On the Contrary complainant has only paid a sum of Rs. 3,47,759/-
against IDC. It is stated that a sum of Rs. 61,037/- is being paid by
complainant for Advance Certificate in Hair Technology. It is further
stated that complainant had alleged false in order to substantiate her
unreasonable claims and demands against respondent.
6. It is most respectfully submitted that complainant did not attended the
mandatory number of classes despite repeated reminders over phone and
mails and respondent is not be held liable for respondent wrong doings.
It is further stated that Complainant also theft the logbook from institute
of respondent, IDC tracker report as it was the only supportive document
which shows complainant course status. By doing this complainant has
committed an offence under Section 378 of Indian Penal Code.

7. It is also respectfully submitted that no one on behalf of respondent

Company promised complainant that the CIDESCO exam would be
conducted on September/ October 2019. It is further stated that
complainant could have only appeared in CIDESCO exam only when she
would have fully prepared or completed her syllabus which she failed to
do so. However complainant falls in the CIDESCO exam twice in a year.
It is also came to the knowledge of respondent from reliable sources that
the reason for the refund of fee amounting to Rs. 4,08,796/- is that
complainant now got a job in a different field with good salary.
8. That as per the respondent policies, every student have to attend
advance portion of IDC program which is arranged at the Institute by
national Trainer G Sujatha between August 5 th to August 14th, 2019.
However complainant was well known about the advance portion of IDC,
which she didn’t wish to join the same.
9. That nowhere in the complaint has the Complainant demonstrated any
fact which points out any act of deficiency in service or negligence by the
Answering Respondent.
10. The Answering Respondent had clearly performed all its duties with due
diligence. No cause of action arose in favor of the Complainant to prefer
the instant complaint against the Answering Respondent and therefore,
in the absence of any cause of action against the Answering Respondent,
the instant complaint is liable to be dismissed qua the Answering
Respondent forth with, and this Hon’ble Forum may be pleased to
dismiss the present complaint. The Complainant has filed the present
complaint with a motive of extracting unlawful gains from the Answering
Respondent.
11. That the Complainant has dejectedly failed to establish any cogent and
valid grounds based on which the present complaint could be admitted
against the Answering Respondent. Hence, the present complaint is
liable to be dismissed on this ground alone.
12. The instant Complaint is not maintainable and has been filed by the
Complainant with mala-fide intent to extract unlawful financial gains
from the Answering Respondent. This Hon’ble Forum may be pleased to
look at the intent of the Act, and the jurisdiction of the consumer forums
to entertain Complaints under the Act. The instant Complaint is nothing
but a gross abuse of process of law, which deserves nothing less than
outright dismissal.
13. It is respectfully submitted that no cause of action has arisen in favour of
the Complainant to prefer the instant Complaint against the Answering
Respondent and accordingly, the instant Complaint is bad-in-law for
mis-joinder of the Answering Respondent in the present complaint.

PRAYER
In light of the aforesaid submissions made, it is respectfully prayed that the
Hon’ble Forum may be pleased to:

(1) take on record the short reply filed on behalf of the Answering
Respondent to complaint;

(2) dismiss the complaint on the basis of contents of the short reply i.e.,
the preliminary submissions, preliminary objections and the para-
wise reply submitted by the Answering Respondent;

(3) Award exemplary costs in favor of the Answering Respondent and

against the complainant; and

(4) Pass such other order, directions or relief as this Hon'ble Commission
may deem fit and proper in the facts and circumstances of the
present case in favor of the Answering Respondent and against the
Complainant.

ANSWERING RESPONDENT

Through Counsel
 VERIFICATION

It is verified that the contents of the preliminary submissions and preliminary

objections and Para-wise reply, Para No. 1 to 14 and prayer of the written
statement/ short reply are true and correct to the best of my knowledge and
belief and as per information provided by the office records and legal advice. No
part of it is false and nothing has been concealed therein.

DEPONENT
 BEFORE THE PERMANENT LOK ADALAT, ERNAKULAM GROUND
FLOOR, ADR CENTER, DISTRICT COURT ANNEX PREMISES, KALOOR,
KOCHI
O.P/306/2019

In the matter of:

Smt. Prasobha …COMPLAINANT

Versus

VLCC HEALTH CARE ... RESPONDENT

AFFIDAVIT IN SUPPORT OF THE SHORT REPLY/WRITTEN STATEMENT

TO THE COMPLAINT
I, …………………….. of ………………….. age, at Corporate Office at
………………………………………………………………………………………………………
………., do hereby solemnly affirm and declare as under:
1. That I am the ...................................... of the Answering Respondent in
the titled Complaint herein, who has been duly authorized to represent,
file, execute and swear this affidavit on behalf Respondent. I state that I
am duly conversant with the facts and circumstances of the present case
and as such I am competent to depose this affidavit on behalf of the
Answering Respondent.

2. That the accompanying Short Reply has been drafted by our counsels
under my instructions which are based on official records maintained in
the ordinary course of business, which may be read as part hereof. The
contents of the same are not being repeated herein for sake of brevity
and to avoid repetition. Nothing contained therein is false and nothing
material has been concealed therefrom.

DEPONENT

VERIFICATION:

Verified at __________on this ____ day of __________ 2019 that the contents of
the above affidavit are true to the best of my knowledge and the contents of the
same are being affirmed in light of the information gathered and gained from
records of Answering Respondent and legal advice received. Nothing contained
therein is false and nothing material has been concealed therefrom.

DEPONENT