Adv. For the Complainant - Sri Raghunath Rath
Adv. For O.Ps - Sri Mitrendra Abinash Goutam and Other
Date of filing of the Case -22.03.2021
Date of Order - 28.04.2023
JUDGEMENT
Smt. Jyotsna Rani Mishra Member
Facts of the case in nutshell -
Snigdha Padhi D .O- Kulamani Padhi who is a student of International master diploma in culinary Arts and patisserie Banglore enrolled for the said course in the month of June 2019. Vide enrollment No. 4 Application No. Ask 10921 The said course was a six month course. Prior to the admission the college has promised for placement in a hotel of both national and international repute of 5 star rating. Further with regards to college building, hostel facilities food sanitation etc. everything was promised to be well furnished . The college focused that it has its own constructed hostel within the campus. The college has its own campus having sufficient area s in its name. So complainant took admission in this college by paying an amount of Rs. 368 500 Approx and reside in a rented hostel allotted by Op at a distance of 500 meter from college. After residing at hostel the
-2-
complainant found that rules and regulation are different, as told in the institute She brought the same to the notice of the OP1 on dt. 05.08.2019 and wished to reside separately out of the hostel during the continuance of industrial training and requested not to take the hostel fees. But she was told to pay the entire hostel due for which she was compelled to stay in the hostel.
Again on dt.13.08.2019 she made a grievance regarding quality of food provided in the hostel with taking of photos of poor quality of food directly to the principal of the college.
After some days she reported about her roommates problems on 23rd Aug. 2019 and wised to shift to the 2nd floor for her bettor prospects for learning. Even she wished to stay with another friend Dolly and Geetu and Prinicipal thought the warden allow her to stay with them. On 27.11.2019 , she sought permission to come to the class late as water was not coming in the hostel . Reply was given ok.
On dt 21.12.2019 due to some misunderstanding complainant roommates Dolly started assaulting her hand and pulled on her hair , threw away her mobile etc. A long and unhealthy issues arising among the roommates which are men tined in the complainant sheet and complainant was fully injured by her roommates even during a meeting on dt. 07.01.2020 said in July still existed . Then complaint submitted a apology letter immediately there after OP directed complainant to vacate the hostel without any written notice that she is residing at a distance of around 1400 K.M from her residence. On being requested repeatedly of OP allowed her to spend the night in the hostel and leave any how by morning on dt.23.12.2019 and complainant was told to appear examination held on 02.01.2020 directly.
But looking to her future complainant did say anything and manage to leave the hostel. And complainant Came to know that she is terminated from the college when she was travelling.
After some days complainant received a notice from mento Associates firm , Banglore informing about the termination and requesting to complainant not to involve in any activities damaging the reputation of college. The termination notice was affixed on dt.23.12.2019 . and specific letter is issued to complainant vide letter dt. 30.12.2019.
So, complainant did not appear her Exam which was conducted on dt.02.01.2020 and decided to meet principal of this institution OP2 personally with one of her guardian on dt. 07.01.2020 after through a discussion OP2 allow complainant to appear examination to be held on next date on March.
After the exam is over the complainant has to go for training as promised by the institution . The training can be conducted after passing the exam but she completed her training before appear the written Examination which was held on 02.01.2020.
And when the complainant got to know that during mid of March.2020 next examination is going to he held. So she sent an e-mail to the OPs on dt.07.02.2020 to ascertain the truth But no reply reached to her . Again seeing mental condition of the complainant her Father sent another mail to the OPs to inform in details about the examination but no reply reached till date . In between the time one
-3-
of the complainants guardian tried to talk to the director to know in details but never picked up the Phone. Reception is contacted time after time is given for a talk with Ops but they always tried to avoid talking . Even reception is requested to given writing whether the complainant shall be allowed to appear examination in mid of March. 2020 but in vain.
The complainant relies on the following documents-
1. Provisional admission letter dt. 13.03.2019 .
2. Hospital papers showing the treatment on dt 22.12.2019.
3. Extract copies of messages communicating to the Ops.
4. Extract copies of Mail.
5. Advocates notice sent by the OPs.
6 . Reply given to OPs.
7 . Letter sent by the father of complainant to the Ops.
8. Advocates notice sent to the OPs.
9. Extract copies of the details obtained from the website of the OPs.
10. Any other document to be files at the time of hearing.
Having gone through the complainant its accompanied documents and on hearing the complainant prima facie it seemed to be a genuine case hence admitted and notice to the Opposite parties were served and in response they appeared through their counsel and filed their version.
The rival contention as per their version is a partial denial to the case of the complainant as per their averment OPS said that all the accusation made by the complainant is false and fabricated . The complainant has alleged all the allegation with an ill intention to defame and obtain money from the OP and praying before the forum and submitted petition of complainant is liable to rejected the case relying on the following documents
1. Screen shot 2 page .
2. Appology letter 15 pages.
3. Report of Diseplinary commtee.
4. Termination letter.
5. Attendance sheet.
6. Other Document of court.
Heard the complainant and perused the material on record and carefully analysis of the evidence on record I found that educational Institution preventing students from appearing examination is a violation of the Rights to Education Act. And should not be allowed where the complainant already paid complete course fees hostel fees admission fees etc.
So it is clear that deficiency in service. Complainant is totally in mental agony the OPS non response of mail and phone has aggravated the tension on her part She become totally frustrated because her career is spoiled.
-4-
So the OPs high highhandedness damaging attitude has spoiled the complainant career. If she would not have been terminated she could have appeared examination held on dt.02.01.2020 and after passing could have undergone training heed by the hostel CHANCERY PAVILION BANGLORE but OPs illegal and arbitrary decision on termination the complainant has failed to appear examination on dt. 02.01.2020 which was spoiled her future.
The complainant sent a notice to the OPs to allow her to appear on the next examination likely to be conducted during mid of March. 2020 and on other grounds but in vein. The OPs did not bother to think for future of the complainant and remained tact in their attitudes not to allow for examination.
That such Act of the OPs had spoiled a best career of the complainant . she is totally debarred to get an opportunity in the line for which she has undergone study in the Ops institute . Thus the Ops are liable for compensation to the complainant . Hence Order.
ORDER
I directed OPs to Pay 50 Percent of taken amount of Rs.368500 with interest 10 Percent P. A from the date of termination because she was enjoyed the 90 Percent of course but unable to appeared the examination and further to pay a compensation of R.50000 to damage the career of complainant by terminating her.
Further directed to pay Rs.20000towards compensation for causing mental agony and physical harassment. And Rs.5000 towards litigation expenses within one month from the date of filing. Falling which the Op is directed to pay the total amount 12 Percent P.A from the date of cause of action arose. Till realization.
No award as to cost.
PRONOUNCED IN THE OPEN COMMISSION TO-DAY 28th day of April 2023.
Sd Sd
R.K.TRIPATHY J.MISHRA
PRESIDENT I.C MEMBER
