IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of January, 2016
Filed on 07.10.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.299/2015
Between
Complainant:- Opposite party:-
Sri. Vishnu Prasad Sri. Mohanan, Principal
Pulayanchira Nivarthil P.G. College of Information
Kayippuram Technology, Cherthala
Muhamma P.O., Alappuzha
O R D E R
SMT. JASMINE D. (MEMBER)
The brief facts of the complaint in short are as follows:-
The complainant joined the opposite party College which is affiliated to Indian Institute of Hardware Technology Ltd., Bangalore for ‘MCSE + CCNA’ course on 1.9.2010. The duration of the said course is one year and the total fees paid is Rs.21,000/-. After completing the course the opposite party issued only a duplicate certificate to the complainant and the opposite party assured to provide the original certificate later. Thereafter the complainant approached the opposite party many times for getting the original certificate. But the opposite party returned the complainant saying lame excuses. The complainant also filed a complaint before the Police on 16.5.2015 and the opposite party assured to provide the original certificate within one month, but the opposite party failed to do so. The colleagues of the complainant got the original certificate and they joined for job. The complainant could not join for a job only because the opposite party has not issued the original certificate to him and thereby caused much monetary loss also. The act of the opposite party caused much mental agony to the complainant and hence filed the complaint.
2. Notice was issued to the opposite party, but it was returned as unclaimed. Hence the opposite party was set ex-parte.
3. The evidence in this case consists of proof affidavit filed by the complainant and documents Exts.A1 to A3 were marked.
6. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite party?
2) Whether the complainant is entitled to get any reliefs?
6. Points 1 and 2:- The case of the complainant is that the complainant joined the opposite party’s College for doing MCSE + CCNA course affiliated to Indian Institute of Hardware Technology Ltd., Bangalore. The complainant paid a total amount of Rs.21,000/- towards the course. After completing the course, the opposite party has not issued original certificate issued by the Indian Institute of Hardware Technology Ltd., Bangalore instead they issued only a certificate of PG College. The complainant approached the opposite party many times for getting the original certificate. The complainant filed a complaint before the Police Station. But the opposite party failed to provide the original certificate to the complainant. Therefore the complainant could not join for any job and the complainant sustained much mental agony, financial loss and inconvenience, hence filed this complaint.
7. The complainant filed proof affidavit and produced 3 documents which were marked as Exts.A1 A3. Ext.A1 is the receipt dated 1.9.2010 for an amount of Rs.16,000/-, Ext.A2 is the copy of certificate issued by the opposite party to the complainant and Ext.A3 is the copy of original certificate issued by the Indian Institute of Hardware Technology Ltd., Bangalore to Mr.Kiran.S. who has completed the same course. The documents produced would show that the complainant joined the opposite party College for the course of study in MCSE + CCNA (Microsoft Certified System Engineer + Cisco Certified Network Associate) from 4.10.2010 to 3.10.2011 and the complainant paid an amount of Rs.16,000/- towards course fee. The opposite party issued the complainant a certificate of PG College, Cherthala. Ext.A3 shows that other student who has joined in the same course has got the original certificate issued by the Indian Institute of Hardware Technology Ltd., Bangalore. According to the complainant, the certificate issued to the complainant has no validity and he could not join for a job without the original certificate certified by the IIHT Bangalore. After completing the course the complainant approached the opposite party many times for getting the original certificate and also filed a complaint before the Police Station. But his grievance has not been redressed. The act of the opposite party caused much mental agony, financial loss and hardships to the complainant. From the documents it is clear that the complainant was joined for the said course on 1.9.2010 and for a period of one year and completed the course in 3.10.2011. There was inordinate delay on the part of the opposite party in the issuance of the original certificate to the complainant. It was the responsibility of the opposite party to issue the original certificate to the complainant. The complainant joined the course and paid the required fees on the belief that after completing the course, he can join for a job. The opposite party has not issued the original certificate to the complainant even after successfully completing the course. The inordinate delay on the part of the opposite party in issuing the original certificate of the Indian Institute of Hardware Technology Ltd., Bangalore to the complainant amounts to deficiency in service. The complainant is entitled to get the original certificate of the Indian Institute of Hardware Technology Ltd., Bangalore. Since the certificate was not issued on time he was deprived of doing work and thereby lost his precious years. So the opposite party is liable to pay compensation. So the complaint is allowed accordingly.
In the result, the complaint is allowed. The opposite party is directed to issue the original certificate of Indian Institute of Hardware Technology Ltd., Bangalore for MCSE + CCNA course . The opposite party is further directed to pay an amount of Rs.20,000/- (Rupees twenty thousand only) towards compensation and Rs.1000/- (Rupees one thousand only) towards costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 30th day of January, 2015.
Sd/- Smt.Jasmine.D. (Member) : .
Sd/- Smt. Elizabeth George (President):
Sd/-Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Receipt dated 1.9.2010 for an amount of Rs.16,000/-
Ext.A2 - Copy of the certificate issued by the opposite party to the complainant Ext.A3 - Copy of original certificate issued by the IIHT., Bangalore to Kiran.S. who has completed the same course
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
