West Bengal

Dakshin Dinajpur

CC/62/2017

Sri Prosanta Kr. Roy, S/O- Raghunath Roy - Complainant(s)

Versus

Ananta Memorial Institute of Management & I.T. of Prop. Shampa Dutta of Kanthalpara - Opp.Party(s)

27 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Dakshin Dinajpur, Balurghat, West Bengal
Old Sub jail Market Complex, 2nd Floor, P.O. Balurghat, Dist. Dakshin Dinajpur Pin-733101
 
Complaint Case No. CC/62/2017
( Date of Filing : 14 Dec 2017 )
 
1. Sri Prosanta Kr. Roy, S/O- Raghunath Roy
Vill- Uchait, P.O.- Debipur, P.S.- Kumarganj, Pin- 733141
Dakshin Dinajpur
West Bengal
...........Complainant(s)
Versus
1. Ananta Memorial Institute of Management & I.T. of Prop. Shampa Dutta of Kanthalpara
Kanthalpara, Near Sandhya Cinema Hall, P.O. & P.S.- Balurghat, Pin- 733101
Dakshin Dinajpur
West Bengal
2. Punjab Technical University of Jalandhar
Kapurthala Highway, Kapurthala Highway(Punjab), Pin- 144601
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shyamalendu Ghosal PRESIDENT
 HON'BLE MS. Swapna saha Lady Member
 HON'BLE MR. Subhas Chandra Chakraborty MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 27 Jun 2018
Final Order / Judgement

Non receipt of mark sheet and certificate even two years after completion of B.C.A course from the learning centre i.e. OP-1 under Punjab Technical University, herein the OP2 has obliged the complainant to lodge this complaint u/s 12 of the CP Act 1986 for redressal.

The summation of the case goes that the complainant had completed his BCA course at the learning centre, OP-1 under the OP-2 in 2015. His roll number was 12121910002, under LC code No. 2191 and code No.129252. The complainant has paid all the course fees according to the rule of the institute but he has not got his result and certificate from the said OP-2 through OP-1 for the 4th, 5th, & 6th semesters. The complainant had time and again requested the OP-1 for providing the result and certificate of the said semesters but the OP-1 had informed him that the result and the certificate for the said semesters had not been received by the OP-1 from the OP-2.  He even informed the matter to the OP-2 through email, where from he got the reply that his fees for the 5th semester remained due, though he had paid his due Rs.10,000/- for the 5th semester on 10.04.2014 through the OP-1. The complainant has claimed being a child of a poor scheduled caste family that non receipt of the certificate and result had hampered his efforts to get livelihood on the basis of his B.C.A qualification. So he prayed for refund all the total course fee of Rs.82,800/- which he had paid and the compensation of Rs.15,000/- along with a litigation cost of Rs.5000/- .

The Op-1 in his written version has admitted that the said result and certificate cannot be provided due to non delivery of the same by the OP-2. But it was assured to deliver the result and certificate of the complainant within May 2018. The OP-2 though has got the summons according to the postal track record but did not bother to reply. So exparte hearing has been conducted against OP-2.

 On argument the complainant has told what he had told in his complaint. He had stressed that it is the deficiency of the OP-1 for not getting the result as the OP-2 has informed him that his result has been remained pending due to non receipt of the course fees for the 5th semester which has already been paid to the OP-1.  The Op-1 declined to file any further document in writing but preferred to go on argument. On 25.06.2018 on the very date of argument the OP-1 remained absent without step and argument has been heard from the complainant. Judgment will be pronounced on the basis of the W/V & argument of the complainant & the written version filed by the OP-1.

DECISION  WITH  REASONS

From the above discussion and documents filed by the complainant the deficiency in service primarily is on the part of the OP-1. The complainant has paid all his dues to the OP-2 through OP-1. The documents filed by the complainant reveals it clearly. So the OP-1 can not shun or shift his responsibility. The OP-1 has also failed to keep his words of providing the certificate and results of the complainant within May 2018.

            Hence, it is

                                                O R D E R E D

             The OP-1 is directed to provide the result and the certificate due to the complainant within 15 days from the date of this order or to refund the whole amount of Rs.82,800/- to the complainant within 30 days from the date of this  order. The OP-1 is further directed to pay a compensation of Rs.10,000/- along with a litigation cost of Rs. 1000/-, failing which the course fee of Rs.82,800/- and the compensation amount will bear interest @ 10%till the full realization of the amount.

           The case be and the same succeeds on contest.

            Let a plain copy of this order be furnished to the parties forthwith free of cost.

 
 
[HON'BLE MR. JUSTICE Shyamalendu Ghosal]
PRESIDENT
 
[HON'BLE MS. Swapna saha]
Lady Member
 
[HON'BLE MR. Subhas Chandra Chakraborty]
MEMBER

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