Orissa

Rayagada

CC/228/2016

Sri Rachmala Kali Das - Complainant(s)

Versus

Chita Ranjan Lohiya - Opp.Party(s)

Self

11 Nov 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGAD

C.C. Case  No.228/ 2016.

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Sri Gadadhara Sahu,B.Sc.,                                    Member.

 

            Sri Rachmula Kali Das,Aged about 50 years, S/o late R.Sri Ramulu,At:                                 Kastauri Nagar,1^st Lane,Po/Ps/Dist.Rayagada.

                                                                                                            …….Complainant

                                                            Vrs.

1. Chita Ranjan Lohaya, Proprietor, OM Education, At: Ashoka Nagar, 1^st Lane, Near OMP ,Govt. ITI  Road, Po/Ps/Dist. Rayagada.
2. MD/Chairman/Secretary, SERI(Education Service Agency)309-310,3^rd Floor RG Trade Tower, Netaji Subash Place, Pitampura, New Delhi-11034.
3. Principal, International School & College, At: Rashmi Education & Charitable Trust,Rashmi Vidya Bhaban, Saraswatipur, Kusnoor Road, Behind GUG,Gulbnarga,585106,Karnataka                                …..…..Opp.Parties

Counsel for the parties:

For the complainant: In Person.

For the O.P 1 & 2 : Sri P.N.Dash &Associates Advocate, Rayagada.

For the OP 3: Self

                                                               JUDGMENT

The case of the complainant  is that the  son of the petitioner Laser Rachamula  has got admission  in the institute of OP 1 on 07.06.2016  by paying Rs.30,000/-  and the OP 1 promised to give the certificates  along with mark lists etc. within 40 days  of admission which is equivalent to 12^th year senior school certificate of central board of secondary education Delhi/other board in India.  Out of the deposited amount the OP 1 given receipt of Rs.26,000/-  to the petitioner’s son  vide receipt No.50 and 59  stating that the receipt of rest Rs.4000/- will be given after  coming of the certificate in the name of the petitioner’s son.  On 18.06.2016 the Op 1 given a hall ticket  and stated that the examination will be held at Bhubaneswar on 19.06.16 at Capital Engineering College, then petitioner’s son immediately reached  Bhubaneswar  on 19.06.16   and stayed there for five days   in his own expenses and  appeared in the said examination at Capital Engineering College, Bhubaneswar and the OP 1 has given a pass certificate and mark list  on 30.07.16   but not given the certificate and asked  for another Rs.14,000/- towards certificate . The complainant enquired that the OP 1 is doing fraud business and by extracting money  by cheating the people and not giving any original certificate to the students  and also not showed any approval certificates of either state or Govt. of India. The petitioner has already paid Rs.60,000/-   for this and suffered mental agony for the act of OP 1  and also lost one year of his studies. Hence prayed to direct the Ops to pay Rs.2,00,000/- towards his investment  and for mental agony .Hence, this complaint. 

Being noticed the O.P3 appeared and  file written version inter alia denying the petition allegations on all its material particulars. The O.p 3    submitted that the complainant is not a student of   their school and he was never admitted for any course  in their school  and he has not paid any fee or amount to the OP 3.Hence,  the question of providing him any certificate or marks list  does not arise.  The OP 1 is not working under the control of OP 3 and the OP 1 is not at all concerned in any way to the OP 3.  The OP 3 has no connection or educational link with the OP 1. The allegations made by the complainant against the OP 3 are totally false and baseless and hence prayed to dismiss the complaint petition with cost.

The OP 1 & 2 received notice from the Forum and appeared through their learned counsel but not choose to file counter before the Forum. Hence, the OP 1 & 2 were set exparte.

                                          FINDINGS

On perusal of the records we find  in the instant case  that the son of the complainant  has admitted in the institute of the OP 1 and deposited Rs.30,000/- as per the promise of the OP 1. The OP 1 also given receipts for his admission. The OP 1 given  hall ticket and appeared the examination. After passing of the examination the Ops are not  giving the pass certificate, whereas they received the additional amount of Rs.14,000/- .On perusal of the papers filed by the complainant  it revealed that the action of the Ops are unfair trade practices in order to grab the money of the complainant. Again it is observed that though the Ops received the above amount but not given the certificate of the son of the complainant.

 Now the point is to be decided whether the complainant is a consumer ?

It is clearly basing on the principles, it is laid down and reported  on 2011(2) CPR-94(NC) and reported in 2005(I) OLR(CSR)71 that educational institution imparting of education b y an educational institution for consideration  falls within the ambit of service as defined in the Act. A student who takes admission in the educational institution hires the service of the educational institution for consideration, he is a consumer as defined under the Act.

The Hon’ble Supreme Court issued directives reported in S.C.C(Supreme Court Cases)(2006) 3, Page No.429 as per aid directive you are liable for the consequences and for non compliance. Further more the matter is pending more than one year and from the said period till today non issuance of the same amounts to deficiency of service. The student who have appeared examination is deprived of their appointment in  the absence of the certificate putting them into mental agony and financial loss.

On perusal of the record, the complaint petition and documents, apex court citations there exists a strong “primafacie case” in favour of the complainant.

In the instant case the Ops are jointly and severally liable for non publication of result and not providing of certificates.

Hence, to meet the ends of justice, the following order is passed.

                                               ORDER

      In the result the complaint petition is allowed on contest against the Ops.

      The Ops are ordered to issue the pass certificate of the son of the complainant immediately within one month.

      The Ops are ordered to make compliance of the above order within 30 days from the date of receipt of this order, failing which the Ops are ordered  to refund the entire amount of Rs.60,000/- which was received  by the Ops from the son of the complainant during the period along with compensation of Rs.5,000/- and to pay cost of Rs.1,000/-

                        Pronounced in open forum today on this 28^th of December,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

            Member                                                                                   President