DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Wednesday the 28th day of December, 2022
C.C. 192/2022
Complainant
Fazal Rahman. V.,
Varattodi House,
Thalakkulathur. P. O,
Kozhikode – 673 317.
Opposite Party
Acharya Polytechnic College,
Governing Body,
Represented through the Principal,
Acharya Dr. Sarvepalli Radhakrishnan Road,
Soladevanahalli, Hesarghatta Road,
Bangalore, Karnataka- 560 090.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
2. The case of the complainant, in brief, is as follows:
The complainant joined the opposite party Polytechnic College for a diploma course in Mechatronics Engineering in the year 2015-16. After the first year of the third year course, the progression of the complainant to the subsequent semesters was detained due to his inability to secure pass marks in more than 4 subject papers. Hence the complainant decided to discontinue the course and this was informed to the opposite party. At the time he discontinued the course, he had paid the entire fee having accrued under different heads for the respective semesters. But on approaching the opposite party, his documents like SSL certificate and T.C were not given to him and he was asked to pay the fee for the remaining 4 semesters. The documents were not given to him in spite of repeated requests and finally through lawyer notice.
3. The complainant lodged his grievance under the Integrated Grievance Redressal Mechanism (INGRAM) under the Department of Consumer Affairs. His grievance was disposed of with a direction to pursue the matter with the concerned State University and the UGC. The complainant requires his original documents for his passport verification and for pursuing his further education. It is incomprehensible as to how fees can be due and demanded for semesters he did not attend. The act of the opposite party amounts to unfair trade practice and deficiency of service. Hence the complaint to direct the opposite party to return his original SSL certificate and other documents along with T.C and to pay an amount of Rs. 50,00,000/- as compensation for the suffering of his carrier and Rs. 1,00,000/- as compensation for physical and mental harassment.
4. The points that arise for determination in this complaint are;
(1). Whether there was any deficiency of service or unfair trade practice on the part of the opposite party, as alleged?
(2). Reliefs and costs.
5. The complainant was examined as PW1 and Exts A1 to A5 were marked.
6. Heard the complainant.
7. Point No.1 : The complainant has approached this Commission with the allegation that his certificates were illegally retained by the opposite party and he was not issued T.C stating the reason that he had not remitted the fees due for the semesters he did not attend.
8. The complainant joined the Diploma course in Mechatronics in the opposite party Polytechnic College in the year 2015-16. It was a three year course. After the first year, his progression to the subsequent semesters was detained due to his inability to secure pass marks for more than 4 subject papers and hence he decided to discontinue the course. He conveyed his intent to discontinue the course to the College authorities and demanded back his documents and also T.C. But the College authorities were not ready to do so and they demanded the fee for the remaining semesters as a pre-condition for complying with the request of the complainant.
9. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the student ledger, Ext A2 is the copy of the request dated 06/01/2022. Ext A3 is the copy of the complaint registered under INGRAM, Ext A4 is the copy of the lawyer notice dated 07/06/2022 and Ext A5 is the copy of the reply received from INGRAM. Ext A1 proves that the complainant had paid the full fee for the semesters he had attended. Ext A2 shows that he had applied for return of original documents on 06/01/2022. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The complainant’s grievance stands proved through the testimony of PW1 and the documents produced.
10. Since the complainant has discontinued the course, the College authorities have no right to retain the certificates and they are bound to return the same to the complainant. If any dues are there, it is for the college authorities to resort to appropriate steps to recover the same from the student. The fact that the fee for the subsequent semesters are not paid by a student does not confer any authority on the college authorities to withhold the original certificates. There is no justification for such withholding. We are fortified by the judgement dated 03/07/2017 in WP(C) 24526/2013(M) (Tissna Paul Vs School of Communication & Management Studies & Ors) of the Hon’ble High Court of Kerala on this point. Withholding of the certificates without valid reason constitutes deficiency of service. The opposite party is bound to return the certificates and issue T.C. By the act of the opposite party, the complainant was put to mental agony and hardship and he was not able to pursue other streams of education at the earliest. The complainant is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 20,000/- will be reasonable compensation in this case.
11. Point No.2: In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC 192/2022 is allowed in part.
b) The opposite party is hereby directed to issue T.C and return the original documents submitted by the complainant at the time of admission including SSL certificate.
c) The opposite party is directed to pay a sum of Rs. 20,000/-(Rupees twenty thousand only) as compensation to the complainant.
d) The order shall be complied with within 30 days of the receipt of copy of this order.
e) It is made clear that this order will not preclude the opposite party from taking appropriate steps to recover the dues, if any, from the complainant.
f) No order as to costs.
Pronounced in open Commission on this, the 28th day of December, 2022.
Date of Filing: 05/08/2022.
Sd/-
PRESIDENT
Sd/- MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Copy of the student ledger.
Ext. A2 – Copy of the request dated 06/01/2022.
Ext. A3 - Copy of the complaint registered under INGRAM.
Ext. A4 – Copy of the lawyer notice dated 07/06/2022.
Ext. A5 – Copy of the reply received from INGRAM.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 – Fazal Rahman. V (Complainant).
Witnesses for the opposite parties
Nil.
Sd/-
PRESIDENT
Sd/-
MEMBER
Forwarded/By Order
Sd/-
Assistant Registrar
