Complaint filed on:22-11-2023
Disposed on:16-05-2024
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 16th DAY OF MAY, 2024
//:PRESENT://
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LLB.(Spl)., LADY MEMBER
CONSUMER COMPLAINT NO. 167/2023
Sri. AJAY BHARADWAJ
S/o Srinivas.T.S
Aged about years, residing at,
Bhramana beedi,
Turuvekere Town,
Turuvekere Taluk,
Tumakuru District.
……….Complainant
(By Sri. Ramaiah, Advocate)
V/s
The Principal,
Snehajeevi Industrial Training Institue,
Sriramapura-577542,
Hosadurga Taluk,
Chitradurga District.
………..Opposite Party/s
(OP – absent)
//:O R D E R://
BY SRI. KUMARA .N - MEMBER
This complaint filed by the complainant with the prayer of direct the Opposite party to issue original marks card and certificate of NCVT to the complainant and further prayed to direct the OP to pay Rs.5,00,000/- towards deficiency in service and damages towards mental shock and agony.
2. In this case, the Opposite party is the Principal, Snehajeevi Industrial Training Institute, Sriramapura-577542 Hosadurga Taluk, Chitradurga District. (Hereinafter called as OP) respectfully.
3. After the complaint registered, the Commission issued notices to the OP but OP did not appear. Hence, taken as, called out absent.
4. It is the case of the complaint, that the complainant was a student of the OP during the year 2013-14 to 2015-16 for ITI course in electrical branch. Complainant appeared the classes and paid necessary fees to the OP and passed in the said NCVT examination. Accordingly the complainant obtained online marks card and no objection certificate from the OP. The complainant approached several times to the OP, requesting the OP to issue original marks cards, but the OP, so far not issued the original marks card & passing certificate and on 21.07.2022, the complainant issued legal notice, but the OP not replied, hence, this complaint.
5. The complainant filed affidavit evidence with some documents, which were not marked & filed written argument. We have heard the arguments of complainant and the OP called out absent, hence taken the OP argument as nil.
6. The points that would arises for determination are as under;
- Whether the complainant proves the deficiency of service on the part of OP?
- Is complainant entitled to the relief sought for?
- Our findings aforesaid points are as under:
Point No.1: In the partly affirmative
Point No.2: As per the final order.
//:REASONS://
8. The complainant counsel argued that, the complainant being the student of the OP, enrolled for ITI course in electrical branch with the OP during the year 2013-14 to 2015-16 & the complainant successfully completed the said course and received the online marks card. The complainant approached the OP several times, & requested the OP to issue the original marks card, but the OP, so far not issued the original marks card & other relevant certificates, which affected the complainant career. Hence the complainant prayed to allow the complaint and award compensation. The complainant produced copy of the request letter of the complainant issued to the OP, copy of the OP letter dated 04-11-2021.copy of the OP letter & NOC dated 03-06-2018dated stated that, the complainant completed the academic requirement for the ITI in electrical, copy of RTI filed, Copy of the legal notice dated 21-07-2022, copy of the online complainant marks cards of all 04 semesters (semester 1, semester 2 semester 3 & semester 4) .
9. In this case, it’s clear that the complainant enrolled for the ITI course in electrical branch with the OP during the year 2013-14 to 2015-16 & the documents produced by the complainant proves that the complainant paid all necessary fees to the OP and in turn the OP issued certificate of NOC to the complainant in this regard. Document dated 04.11.2021 disclose the fact that the complainant not received the marks cards and other certificates and it is acknowledged by the Principal / op. The complainant completed the academic requirement for the ITI in electrical and passed the said course. It’s the bound duty of the OP to give original marks card & other relevant certificates to the complainant, but the OP act of not handed over the marks card & other relevant certificates leads to deficiency of service on the part of the OP, hence the OP is liable to pay compensation of Rs.10,000/- to the complainant & compelled the complainant to approach this commission, hence the OP is liable to pay litigation cost of Rs.5,000/- to the complainant, Accordingly, we pass the following:-
//:ORDER://
The complaint filed by the complainant is allowed in part. The OP is directed to issue original marks cards of all semesters and certificate of NCVT to the complainant. It is further ordered that the OP No 1 is to pay Rs.10,000/- towards compensation & Rs.5,000/- towards litigation cost. The OP is further directed to comply the above order within 45 days from the date of receipt/knowledge of the order, otherwise, it carries fine of 150/- per day till realization.
