DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.41 of 21-01-2011 Decided on 25-05-2011
Amandeep Singh, aged about 24 years, son of Sh.Ranjit Singh, resident of village Behbal Khurd, Distt. Faridkot. .......Complainant Versus
Aklia Educational & Research Society, Group of Institutions, Jaitu Road, Goniana Mandi, Distt. Bathinda, through its Chairman Sh.Gurtej Singh Brar. Akslia College of Engineering & Management Technology, Jaitu Road, Goniana Mandi, Bathinda, through its Chairman Sh.Gurtej Singh Brar. Gurtej Singh Brar, Aklia College of Engineering & Management Technology, Jaitu Road, Goniana Mandi, Bathinda. Dr.Mohit Saxena, Director, Aklia College of Engineering & Management Technology, Jaitu Road, Goniana Mandi, Bathinda.
......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President. Dr. Phulinder Preet, Member. Sh.Amarjeet Paul, Member. Present:- For the Complainant: Sh.M.S.Brar, counsel for the complainant. For Opposite parties: Sh.Amit Singla, counsel for opposite parties.
ORDER
Vikramjit Kaur Soni, President:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant took admission in course B.Tech (Mechanical Engineering) (2010-2013) third Semester with the opposite party No.2 with the assurance of the opposite parties that there is no proper infrastructure, lecture halls, laboratories, library, hostel facilities etc. in the Institute and paid a total sum of Rs.35,000/- on different dates (Rs.5,000/- in August, 2010, Rs.5,000/- vide receipt No.898 dated 01.09.2010 and Rs.25,000/- vide receipt No.242 dated 30.10.2010) towards course fee. At the time of admission, the officials of the opposite parties took original certificates of 10th, 12th and three year diploma of Mechanical Engineering of the complainant from him. Thereafter, the complainant found that there was no facilities as alleged by the officials of the opposite parties at the time of admission and there was no facilities such as lab for Mechanical Engineering stream, hostel, potable water and proper infrastructure. The complainant and other students of the opposite party No.2 agitated the shortcomings in infrastructure of the Institute as it will affect their studies but the opposite party No.3 did not pay any heed to it. The opposite party No.3 singled out the complainant in the matter and sent an unsigned and undated notice to the parents of the complainant calling upon them to meet the Director of the opposite party No.2 on 16-17 November, 2010 but on that day, the parents of the complainant were not allowed to enter in the Institute premises by the concerned staff despite showing them the copy of notice and security staff misbehaved with them. Thereafter, an undated office order was sent to the complainant by the opposite party No.4 which read as “with effect from 10.11.2010, Amandeep Singh, B.Tech second year is being suspended from the College in view of the recommendation of Central Patorial Board and atmosphere of the Institute.” The complainant has alleged that the said notice is illegal and is not binding upon him at it has been issued on false grounds in order to spoil his career. The complainant was neither afforded any opportunity of being heard in the matter nor any charge sheet has been issued to the complainant and he never committed any illegality. The complainant went to attend his classes with the opposite party No.2 after issuance of the impugned order of suspension but the opposite parties did not allow the complainant to enter the Institute. The complainant also requested the opposite parties to return his original certificates but the opposite parties refused to return the same rather started pressurizing the complainant to give in writing that he is leaving the Institute with his own wishes and when he refused to give the same, the opposite parties flatly refused to return the original documents unless he gives in writing that “he is leaving the Institute of his own wishes.” Due to non-returning of original certificates of the complainant, he could not apply for the enrolment in the Indian Army in the recruitment rallies held at Ferozpur on 18.11.2010 and at Ludhiana on 06.12.2010. The complainant also got served legal notice dated 15.12.2010 to the opposite parties but the opposite parties did not give proper reply to the notice. Hence, the complainant has filed the present complaint for seeking directions to the opposite parties to refund the amount of Rs.35,000/- and to return the original certificates alongwith cost and compensation. 2. The opposite parties have filed their joint written statement and pleaded that the complainant told the staff of the Institute that he has got diploma in Mechanical Engineering but while seeking the admission, he never submitted the 4th Semester Diploma Certificate to the Institute. The officials of the Institute never had any talk with the complainant regarding the educational courses conducted by the Institute. They further submitted that the Institute has its own Campus, Lecture Halls, Fully Equipped Laboratories, Placement Cell, Library and Transport facility etc. and the complainant never opted or desired for any hostel facility. The opposite parties further admitted that the complainant deposited Rs.35,000/- on different dates towards the course fee and at that time, he also submitted original certificates of 10th class, 12th class and certificates of first three semesters of Diploma of Mechanical Engineering but he never submitted the official certificate of 4th Semester. The abovesaid certificates were required by the University for verification. The complainant attended the Institute for few days but thereafter, he never turned up to attend the classes rather he started indulging himself in anti social activities against the Institute and tried to create a bad atmosphere in the Institute. On 09.11.2010, the complainant beat up Kulwant Singh, Driver of the Institute's Bus and also misbehaved with Gurcharan Singh, Gunman of the Institute. He also tried to forcibly take away the gun from the gunman. So, the complainant was suspended on 10.11.2010 from the Institute. The opposite parties have denied that the said notice was undated. The complainant never approached the opposite parties to take back his original certificates. The opposite parties received a notice dated 15.12.2010 from the complainant which was duly replied by them on 24.01.2011. 3. Parties have led their evidence in support of their respective pleadings. 4. Arguments heard. Record alongwith written submissions submitted by the parties perused. 5. The learned counsel for the complainant has submitted that the complainant allured by advertisement given by the opposite parties regarding various courses in Engineering and Management and having proper Infrastructure, Campus, Lecture halls, Laboratories, Placement Cell, Library, Hostel facilities, transport facilities etc. took admission in 3rd Semester of B.Tech, Mechanical Engineering (2010-2013). For that, he paid the requisite fee in total of Rs.35,000/-. At the time of admission, the complainant gave original certificates of 10th, 12th and three year Diploma of Mechanical Engineering. After taking the admission in the said College, the complainant was astonished to see that there was no aforesaid facilities in the College. Moreover, there was no lab for Mechanical Engineering stream. The Institution did not have hostel facility at all, there was no potable water to drink and there were many other shortcomings in the infrastructure of the institution. The complainant and other students agitated the shortcomings in the Infrastructure of the Institute as it will effect their studies but the opposite party No.3 did not pay any heed to the request of the students. They have also staged peaceful demonstration to fulfill the promises made by them. The opposite party No.3 singled out the complainant in the matter and sent an unsigned and undated notice to the parents of the complainant calling upon them to meet the Director of the opposite party No.2 in the Institution on 16/17 November, 2010. When, the parents of the complainant approached to the opposite party No.3, they were not allowed to enter the institute by the concerned staff despite showing the copy of notice and security staff misbehaved with them. Thereafter, an undated notice of suspension was sent to the complainant by the opposite parties quoting the reason:- “On the recommendation of Central Pactorial Board and keeping in view, the atmosphere of the institution, Sh. Amandeep Singh, B.Tech, 3rd year student is suspended from the college on 10.11.2010.” The complainant has further submitted that the impugned notice issued by the opposite party No.4 is totally wrong and void ab-initio against the principles of the natural justice and the same is not binding upon him as it has been issued on most flimsy grounds in order to spoil the career of the complainant. The opposite parties have neither afforded any opportunity of being heard to the complainant nor any charge sheet has been issued to him. There was no reason to suspend the complainant from the Institution and the act of the opposite parties of suspending the complainant is gross mis-use and abuse of their powers although they have been making peaceful demonstrations against the shortcomings in the infrastructure which were promised by the officials of the opposite parties at the time of admission. The complainant has further submitted that his original educational certificates are lying with the opposite parties and due to this, the complainant could not apply for the enrolment in the Indian Army in the recruitment rallies held at Ferozpur on 18.11.2010 and at Ludhiana on 06.12.2010. The complainant had also got issued a legal notice dated 15.12.2010 but the opposite parties had not replied the same. 6. The learned counsel for the opposite parties has submitted that the complainant did not tell the staff of the Institute that he has got diploma in Mechanical Engineering but while seeking the admission, the complainant never submitted the 4th Semester Diploma Certificate to the Institute. The complainant was not accompanied by Gursahib Singh at the time of seeking of admission in 3rd Semester of B.Tech. Any official of the Institute had not talked to the complainant regarding educational courses conducted by the institute. The opposite parties admitted that the institute has its own Campus, Lecture Halls, Fully Equipped Laboratories, Placement Cell, Library and Transport facility etc. The complainant belongs to village Behbal Khurd was a daily local scholar of the Institute and never opted or desired for any hostel facility. The complainant had deposited Rs.35,000/- on different dates as fee of B.Tech Mechanical Engineering 3rd Semester and at that time, the complainant also submitted original certificates of 10th, 12th class and certificates of first three semesters of Diploma of Mechanical Engineering but the complainant never submitted the original certificate of 4th Semester of Diploma of Mechanical Engineering to the institute. The abovesaid certificates were taken by the Institute because they were required by the University for verification. The complainant attended the Institute for few days but thereafter, he never turned up to attend the classes rather he started indulging in anti social activities against the Institute and tried to create a bad atmosphere in the institute. On 09.11.2010, the complainant beat up Kulwant Singh, the driver of the Institute's Bus and also misbehaved with Gurcharan Singh, gunman of the institute. He also tried to snatch away the gun from the gunman. Keeping in view, all these activities of the complainant, a regular enquiry was duly conducted by Central Proctorial Board, which recommended that the complainant Amandeep Singh should be expelled from the institute so that the atmosphere of the institute can be set right and the students who wants to study may able to study peacefully. Keeping in view all the above said facts and the report, the complainant was suspended on 10.11.2010 from the institute. The allegations against the Institute that it did not have any potable water arrangement for drinking etc. is absolutely incorrect. There is a proper RO system installed in the Institute for potable water. The learned counsel for the opposite parties have further submitted that the Institute have hostel facilities for the students. Amandeep Singh who was/is a mischievous person and with that motive, he tried to disturb the peaceful atmosphere of the institute by instigating other students on the false pretext. The parents of the complainant was called but they never turned up or visited the institute to meet the officials of the institute despite repeated requests by the officials of the institute. There was no question for the complainant to attend the classes after the suspension order issued by the institute to the complainant. The complainant never approached the opposite parties for getting back his original certificates, so no question of refusing to return the original certificates by the opposite parties to the complainant arise at all. The opposite parties are ready to return the original certificate of 10th, 12th class and first three semesters of Diploma in Mechanical Engineering against proper receipt if the complainant give No Due Slip. The Institute is duly approved by the University and has all the facilities required for the students that are required for running of the Institute. The complainant was suspended on account of his misdeeds and mischievous activities. The complainant has never made any request to return the original certificates or to refund Rs.35,000/- as fee of the course paid to the institute. The complainant issued a notice dated 15.12.2010 to the opposite parties through his counsel. The said notice was duly replied by the opposite parties on 24.01.2011. 7. A perusal of documents placed on file shows that the complainant had deposited Rs.35,000/- on different dates i.e. Rs.5,000/- in August, 2010; Rs.5,000/- on 01.09.2010 vide Ex.C-5 and Rs.25,000/- on 30.10.2010 vide Ex.C-6 towards the course fee. At the time of admission, the officials of the opposite parties took original certificate of 10th, 12th class and three year diploma certificates of Mechanical Engineering of the complainant but he never submitted the original certificates of 4th semester of Diploma of Mechanical Engineering to the institute. 8. The main contention of the complainant is that all facilities promised by the officials of the opposite parties at the time of admission, were not provided by institution as such, there was no Lab for Mechanical Engineering students, no hostel facility was available, no potable water to drink and many other shortcomings in the infrastructure of the institution which effected his study. For that, the complainant agitated against the administration alongwith other students but he has been suspended from the College vide office order dated 10.11.2010 Ex.C-7/Ex.R-3 without issuing him any notice. The incident which has been narrated by the opposite parties on which the complainant has been suspended from the Institute took place on 09.11.2010 when the complainant beat up the driver of the Institute's Bus, Kulwant Singh and misbehaved with gunman, Gurcharan Singh and also tried to snatch his gun. On this account, he was suspended on 10.11.2010. The complainant alleged that he has not been given proper opportunity of being heard before suspension. The parents of the complainant were asked to meet the Director of the institute but when they approached, they were not allowed to meet the Director. The complainant demanded his original certificates of 10th, 12th Class and three year diploma certificates of Mechanical Engineering and refund of fee deposited by him for 4th semester but the opposite parties argued that the complainant has never requested them to handover the above mentioned certificates and they are still ready to give the certificates to the complainant which are in their possession. The allegation regarding the infrastructure is baseless and false and there is a proper RO system installed in the Institute to supply the water. The complainant is suspended on the report of Proctorial Board Ex.R-5 which is reproduced as under:- “According to order of Director, Aklia College of Engineering and Technology, Sh.Amandeep Singh, Rajwant Singh, Kuljinder Singh and Manpreet Singh had misbehaved with Driver Sh.Kulwant Singh and Gunman Sh.Gurcharan Singh on 09.11.2010, regarding this matter, it has been found that these students had beaten the Bus Driver of the Institute and abused him. It had also been found that these student had faught with the gunman of the college i.e. Sh.Gurcharan Singh and also abused him and tried to take away his gun due to which a part of the gun has broken. These students has also earlier created a bad atmosphere in the Institute. During verification, it has been also found that they tried to board in the bus of the Institute without paying charges/bus fare. The Central Proctorial Board Aklia Group of Institution strongly recommended that these students be restricated from the College to maintain the good atmosphere of the College and all students be provided a atmosphere for study.” A minute perusal of report of Central Proctorial Board shows that this document has been signed by seven members, out of these seven members, two have signed the report on 10.10.2010 which clearly depicts the report is prepared in a hastily and hurriedly manner without giving any opportunity of being heard to the complainant. After the report of Central Proctorial Board, the complainant was suspended from the College but he has not given any opportunity of being heard which is against the natural justice and Principle of 'Audi alteram partem' which means no person can be condemned unheard. 9. A perusal of documents placed on file shows that the incident took place on 3.30 pm on 09.11.2010 the Central Proctorial Board report was issued on 10.11.2010 by the members of the Board and the complainant was suspended immediately without giving him any hearing on 10.11.2010. Even, the affidavit of Kulwant Singh Ex.R-10 shows that the incident took place on 09.11.2010 at 3.30 pm which clearly depicts that the complainant has not been given any opportunity of being heard before issuance of suspension order. Hence, there is deficiency in service on the part of the opposite parties on this score. The support can be sought by the precedent laid down by the Hon'ble Union Territory Consumer Disputes Redressal Commission, Chandigarh in case titled Kurukshetra University Vs. Pankaj Prashar, III (2007) CPJ 325, wherein it has been held that :- “Consumer Protection Act, 1986 – Section 2(1)(g) – Educational Services – Admission wrongly cancelled – Deposited all dues in terms of fee – Provisional admission granted with allotment of Roll Number – University later on found candidate kept entering into University campus – Admission cancelled – Non-refund of fee – Contention of OP, candidate bound to disclose factum of suspension in application form for admission, played fraud – Rejected – Relevant column of application form showed candidate bound to give information in case of expulsion or disqualification for misconduct, etc. for use of unfair means in any examination – No wrong information supplied by complainant as per column of form – Admission wrongly cancelled – Further, no notice given before cancellation – Violation of principle of natural justice – OP liable to refund fee taken at time of admission – Interest @ 12% allowed – Order of District Forum upheld.” Further, the complainant has alleged that there was poor Infrastructure, no portable water or hostel facilities available. With regard to these, the complainant has failed to prove his allegation with cogent and convincing evidence. As the complainant has suspended from the College, the opposite parties are not entitled to keep the fee deposited by him. 10. Hence, in view of what has been discussed above, this complaint is partly accepted with Rs.1,000/- as cost and compensation and the opposite parties are directed to provide an opportunity of being heard to the complainant and if found guilty, will reissue the suspension order and further directed that if the complainant will be suspended, his fee will be refunded after deducting Rs.1,000/- according to the PTU Rules and proportionate fee for the period for which the complainant has last attended the classes. The opposite parties are further directed to return the original certificate of 10th, 12th class and three years diploma certificates of Mechanical Engineering to the complainant. The compliance of this order be done within 45 days from the date of receipt of copy of this order. 11. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '
Pronounced 25.05.2011 (Vikramjit Kaur Soni) President
(Dr. Phulinder Preet) Member
(Amarjeet Paul) Member
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