BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, LADY MEMBER
SRI M.V.R. SHARMA, MEMBER
Tuesday, 21st June 2016
CONSUMER COMPLAINT No. 32 / 2016
Shaik Mohammad Ismail, S/o Shaik Iqbal Basha,
aged about 21 years, Muslim, D.No. 16/399-1-1,
Ghouse Nagar, Kadapa. ….. Complainant.
Vs.
1. The Principal, K.O.R.M. College of Engineering,
Vempalli Road, Krishnapuram village,
C.K. dinne Mandal, Kadapa District.
2. The Chairman, K.O.R.M. College of Engineering,
Vempalli Road, Krishnapuram village, C.K. dinne Mandal,
Kadapa District.
3. The Registrar, J.N.T.U, Ananthapuram district. ………Respondents
This complaint coming on this day for final hearing on 20-6-2016 in the presence of Sri C.S. Riyazuddin, Advocate for Complainant and Sri K.S. Sudharshan Reddy, Advocate for R1and R2 and R3 called absent on 6-6-2016 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under section 12 of C.P. Act 1986.
2. The brief facts of the complaint are as follows:- the R1 is the principal and R2 chairman to the college on that the said college under the control of R3. The Complainant is a brilliant student and completed his education and got certificates from the board of intermediate and he was take the course M.P.C group for achievement of engineering on that he was appeared in Eamcet examination conduct by government of A.P. and obtain eligibility in the said examination from R3. Though the Complainant got eligibility in the other college, where free admission of the Complainant.
3. It is submitted that due to bad advice of friends, the Complainant is taken admission in the R1 & R2 College in management quota. After taking admission as per the wish and will of the management the Complainant parents who are low capacity person paying towards fees of Rs. 49,000/- and obtaining the receipt issued by the management dt. 25-9-2014 in Civil Engineering and completed first year during the year of 2014-2015 vide roll No. 14BC1A0175, dt. 7-4-2015.
4. It is submitted that the Complainant requested the authorities to return the documents that is 10th class mark list and intermediate mark list etc., showing the bonafide reason that his father is not doing well he had two operations operated to that huge amount spend by the Complainant father as well as his grandfather who is also aged person residing in the same roof recently the father of the Complainant to give some amount for his eyes operation as well as leg operation. The father of the Complainant who is only earning member to maintain the family due to sudden attacking diseases unable to earn the money and the entire family leading miserable life, hence the father of the Complainant not in a position to continue the education of the Complainant due to financially crises. The R1 & R2 though request the Complainant return the documents as well as refund the fee which was paid by the Complainant. The Respondent not having right to retain the certificates of the Complainant with him, though he stop the education in the college is deficiency on the part of the respondent. Hence, this complaint.
5. Therefore, it is prayed that the Hon’ble court may kindly be pleased to order in favour of the Complainant against the Respondent (a) direct the Respondents 1 & 2 to refund the fee amount of Rs. 49,000/- to the Complainant, (b) direct the Respondents 1 & 2 to return all the original education certificates to the Complainant, (c) direct the Respondent to pay Rs. 1,00,000/- towards compensation for mental agony suffered by the Complainant (d) direct the Respondents Rs. 30,000/- towards deficiency of service along with the cost of this complaint and (e) grant such other relief and reliefs as the Hon’ble forum deems fit and proper circumstances of the complaint.
6. R1 filed counter and the same was adopted by R2 with a memo. R1 filed counter that the complaint filed on behalf of the Complainant is neither just nor maintainable wither in law or on facts. This Respondent submits that the Complainant is put to strict proof of all the allegations noted in the complaint except those which are specifically admitted herein.
7. This respondent submits that the Complainant was not successful and not qualified in A.P. Emcet and hence, sought admission in management quota on his own and obtained a seat in Civil Engineering by paying a tuition fee of Rs. 49,000/- and completed 1st year with roll No. 14BC1AO175.
8. This respondent submits that the Complainant was detained due to lack of requisite attendance during 1 semester of 2nd year and to that extent information is affixed on the notice board which is very well within the knowledge of the Complainant and that the Complainant has to repeat the said semester and for this reason, the Complainant is absenting himself for prosecuting his studies and not due to the reason of illness of his father or any other things as is alleged by him in his complaint.
9. Apart from that, the Complainant completed the studies of first year but failed in some subjects and since he secured requisite attendance in 1st year, he was promoted to 2nd year but detained in 2nd year due to lack of requisite attendance. This Respondent submits that the Complainant requested us to give a bonafide certificate to the effect that original certificates are with the college at the time of admission into civil engineering and hence, a bonafide certificate dt. 7-4-2015 was issued to the Complainant at his instance since he asked for it for applying for passport.
10. This Respondent submits that the Complainant joined in the management quota on his own by paying requisite tuition fee and afterwards completed first year course and also attended the college. In the second year first semester the Complainant was detained for shortage of requisite attendance and finding himself that he has to continue and repeat the first semester of the second year, the Complainant has invented a story that he is not able to continue and prosecute his studies because of his father’s illness and whatever may be the reason, the Complainant has to pay the balance of 3 years tuition fee and should complete the course and without paying the tuition fee for the balance 3 years. If the Complainant abruptly discontinues his studies, the management of the college will be put to financial loss and that there will not be any possibility for substituting his seat by another candidate during the middle of the course and in order to compensate the same the Complainant has to pay the balance of tuition fee for the remaining years and then ask for the return of the certificates and till such time the management got every right to retain the certificates of the Complainant.
11. This Respondent submits that the reason assigned by the Complainant for return of his certificate is not correct. The Complainant never made any demand for the return of his certificates on the ground of illness of his father. Unless and until, the Complainant pays the balance fee of 3 years, his certificates will not be returned and the college has got every right to retain the certificate of the Complainant till the latter pays the balance tuition fee of the 3 years.
12. This Respondent submits that since the Complainant attended the college and wrote examinations for the 1st year of his course, the tuition fee paid for the said 1st year cannot be refunded. Since there is no mental agony to the Complainant as alleged by him nor there is any deficiency on the part of the college as alleged by him. There is no need to pay any compensation or any other amount as requested by the Complainant.
13. This Respondent prays that the Hon’ble forum may be pleased to dismiss the complaint of the Complainant with costs.
14. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by him or not?
ii. Whether there is negligence or deficiency of service on the part of the Respondents or not?
iii. To what relief?
15. On behalf of complainant Exs. A1 to A5 were marked and on behalf Respondents no documents were marked.
16. Point Nos. 1 & 2. It is proved from complaint and exhibits A1, A2 and A3 that the Complainant joined in the college of Respondents 1 & 2. The Respondents College comes under the purview of R3 University. As per complaint the Complainant himself discontinued from studies. There is no force from college to discontinue the study of the Complainant. As per reasons of the Complainant he himself discontinued the studies as per averments of the complaint. Ex. A4 clearly shows that the documents will be returned to him after completion of the course only. The Complainant did not given any return requisition to the Respondents 1 to 3 for return of his original educational certificates. Due to the family problems and financial crisis of the Complainant family he himself discontinued the studies. There is no force or pressure by the Respondents 1 to 3. So the Complainant is not eligible for compensation as prayed by him, except for return of original educational certificates. At the same time there is no negligence or deficiency of service on the part of the Respondents 1 to 3.
17. Point No. 3. In the result the complaint is allowed, directing the Respondents 1 to 3 to return the original educational certificates i.e. 10th class mark list, intermediate mark list and etc., to the Complainant, within 45 days of date of receipt of orders. Rest of the claims of Complainant are dismissed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 21st June 2016.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondents : NIL
Exhibits marked for Complainant: -
Ex. A1 P/c of the 10th class certificate issued by board of secondary education dt. 24-5-2012.
Ex. A2 P/c of intermediate certificate issued by board of intermediate education, dt. 3-5-2014.
Ex. A3 P/c of cash receipt of Rs. 5,000/- and Rs. 30,000/- and Rs. 14,000/- total Rs. 49,000/- issued by the college authorities dt. 19-12-2014, 25-9-2014, 7-5-2015 and 7-5-2015.
Ex. A4 P/c of the bonafied certificate issued by the college authorities dt. 7-4-2015.
Ex. A5 P/c of the medical bills (15) issued by Appollo hospital, Hyderabad.
Exhibits marked on behalf of the Respondents.
MEMBER MEMBER PRESIDENT
Copy to :-
- Sri C.S. Riyazuddin, Advocate for complainant.
- Sri K.S. Sudharshan Reddy, Advocate for R1 & R2
- The Registrar, J.N.T.U, Ananthapuram district.
B.V.P.
