DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 36 of 3.2.2017

                                      Decided on: 13.8.2021

Kiran Pal Kaur aged about 20 years d/o Labh Singh R/o village Kakrala Tehsil Nabha, District Patiala.

                                                                   …………...Complainant

                                      Versus

1. Bahra Group of Industries Patiala-Sangrur National Highway, village Bhedpura, Patiala, through its Principal.
2. Maharaja Ranit Singh, State Technical University, Bathinda, through its Registrar.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member    

ARGUED BY              

                                       Sh.Puneet Jain, counsel for complainant.

                                      Sh.S.S.Bal, counsel for OP No.1.

                                      Opposite Party No.2 ex-parte.         

                                      Sh.Charanvir Singh, counsel for OP No.2                    

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Kiran Pal Kaur (hereinafter referred to as the complainant) against  Bahra Group of Institutes, Patiala (hereinafter referred to as the OP/s).
2. The brief facts of the case are that the complainant got admission as regular course in B. Pharma Leet (Later entry) in the month of August 2016 in the college of OP No.1 by completing all the formalities as prescribed by OP No.1 and also paid examination fees of Rs.1900/- for 3^rd semester on 17.11.2016 and thereafter OP No.1 issued roll number to the complainant for the examination which was to be scheduled to be started from 3.12.2016.
3. It is averred that when on 3.12.2016, the complainant went to her examination centre, the comptroller of examination told her that her candidature has been cancelled for not depositing the original certificates of D. Pharma to the college authorities. On approaching the higher authorities they also told the same thing. It is averred that the original certificates of D.Pharma 1^st year alongwith character certificate of previous college were duly submitted by the complainant before OP No.1 at the time of taking admission and then after about one and a half month when D.Pharma 2^nd year result of the complainant was declared complainant took back the same from OP No.1 after submitting the certified copies of the said documents, to be submitted before Pariwar Kalyan Bhawan ,Sector 34-A,Chandigarh for registration of registered pharmacist and thereafter the OP No.1 never demanded the original certificate either in oral or in writing . It is further avered that the complainant requested the higher authorities of the college for giving permission to her to give examination after showing original receipt of Kalyan Bhawan having submitted the original certificates alongwith valid roll number issued to her but to no effect. It is averred that the complainant also approached the police in this regard but to no effect. There is thus deficiency in service on the part of the OPs. Hence this complaint with the prayer to accept the same by giving directions to the OPs to pay Rs.2,00,000/- as damages for loss of one year ; to pay Rs.1,50,000/- for mental agony and harassment; to pay Rs.1,00,000/- as compensation; to pay Rs.15000/- for litigation expenses and also to refund Rs.34,400/-fees paid by the complainant.
4. Notice of the complaint was duly given to the OPs. OP No.1 appeared through counsel and contested the complaint by filing written reply whereas none appeared on behalf of OP No.2 and was accordingly proceeded against exparte.On 21.5.2018, Sh.Charanvir Singh, advocate filed an application for setting aside exparte proceedings passed against OP No.2 reply to which was filed . On 29.8.2018, Sh.Charanvir Singh, advocate appeared for OP No.2 has made the separate statement that he did not press the application filed for setting aside exparte proceedings against OP No.2 and the application was dismissed as withdrawn. He also filed an application on behalf of OP No.2 for allowing the applicant to participate and join in the proceedings and on 11.9.2018, the ld. counsel for the complainant has suffered the statement that he has no objection if application of OP No.2 is accepted and vide order dated 12.10.2018, OP No.2was permitted to join the proceedings at the stage.
5. In the reply filed by OP No.1 preliminary objections have been raised that the complainant is not consumer. It is further averred that as per the rules and instructions issued by OP No.2 it is mandatory to submit the original certificates as required for verification and confirmation of admission before issuing the final admit card/roll number to the concerned candidate for appearing in the examination and the complainant herself is at fault as she failed to submit the original certificates of 1^st year and 2^nd year of D.Pharmacy before issuing the admit card/roll number.
6. On merits, it is submitted that the admission in B Pharma Leet course was a provisional one and the same can be confirmed/made regular after submitting of all the original certificates. It is admitted that the complainant paid examination fee of Rs.1900/-has already been refunded to the complainant. It is pleaded that OP No.1 never issued any roll number to the complainant. It is averred that the complainant herself gave writing dated 3.11.2016 that she will submit certificates of 10^th and 12^th within two days but she failed to submit the same. The complainant also took back the original DMC of 1^st year D Pharmacy from OP No.1 on the pretext that the same is required by her and original DMC of 2^nd year of D Pharmachy was already in the custody of complainant. It is further averred that as per instructions issued by OP No.2 it is mandatory to submit the original certificates as required for verification and confirmation of admission before issuing the final admit card/roll number to the concerned candidate. It is pleaded that on 18.11.2016 the last date of submitting the original certificates, it was disclosed by the complainant that the original certificates including original DMCs of 1^st year and 2^nd year of D Pharmacy have been submitted  with Punjab State Pharmacy Council, Parivar Kalyan Bhawan, Sector 34-A,Chandigarh. It is further pleaded that vide letter dated 16.11.2016, it was directed to all the Principal of affiliated/constituent colleges, MRSPTU, Bathinda that the students who have submitted documents related to eligibility must submit the documents upto 5PM on 18.11.2016 failing which the admission will be cancelled automatically. Further the OP No.2 also made it clear that merely issuing of provisional university roll numbers do not guarantee permission to sit in the university examinations. It is further averred that the police also enquired into the matter and recorded the statements of concerned officials. As the complainant herself failed to submit the original documents, there is no deficiency in service on the part of OP No.1.After denying all other averments, the OP No.1 has prayed for the dismissal of the complaint.
7. In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C3 and closed the evidence.
8. The ld. counsel for OP No.1 has tendered in evidence Ex.OPA affidavit of Prof. Junaid Niazi alongwith documents Exs.OP1 to OP4 and closed the evidence.
9. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
10. The ld. counsel for the complainant has argued that the complainant took admission in B.Pharma Leet in the month of August,2016 and paid the fee. The ld. counsel further argued that on 3.12.2016, the complainant went to examination center but she was not allowed to sit in the same. The ld. counsel further argued that she has suffered loss and the complaint be allowed.
11. On the other hand, the ld. counsel for the OP No.1 has argued that as per the rules of OP No.2, it is mandatory to submit the original certificates as required for verification but the same were not submitted and the complainant was not allowed to sit in the examination .As such the complaint be dismissed.
12. To prove the case, the complainant has tendered in evidence her affidavit,Ex.CA and she has deposed as per the complaint,Ex.C1 is receipt of fee of Rs.32500/-, Ex.C2 is examination form, Ex.C3 is receipt of Punjab State Pharmacy Council dated 11.11.2016.
13. On the other hand Prof. Junaid Niazi of OP No.1 has tendered his affidavit, Ex.OPA and he has deposited as per the written statement, Ex.OP1 is power of attorney, Ex.OP2 is undertaking of the complainant,Ex.OP3 is receipt dated 11.11.2016,Ex.OP4 is letter of Maharaja Ranjit Singh Punjab Technical University, Bathinda. This letter was sent  to all the Principals of Affiliated/ Constituent Colleges, MRSPTU, Bathinda.It is stated in this letter that all the students of 1^st Semester 2016-17 Batch are allowed to appear in December,2016 MRSPTU examination who have not submitted migration certificates. However, the results of these students will not be declared unless they submit the migration certificates to the University.
14. So by going through the documents on the file, it is clear that the complainant herself was at fault and she has failed to submit the required documents for issuance of his admit card.
15. So due to our above discussion, as the complainant herself was at fault, the complaint is dismissed accordingly. Parties are left to bear their own costs

ANNOUNCED

DATED:13.8.2021       

                                        Vinod Kumar Gulati   Jasjit Singh Bhinder

                                                Member                           President