Orissa

Nuapada

CC/11/2014

Chintamani Patel - Complainant(s)

Versus

Controller of Examination, - Opp.Party(s)

A.K.Patra

11 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NUAPADA,ODISHA
 
Complaint Case No. CC/11/2014
 
1. Chintamani Patel
S/O-Keshab Patel,At/PO-BuddhiKomna,Ps-Komna,Dist-Nuapada
Nuapada
Odisha
...........Complainant(s)
Versus
1. Controller of Examination,
State Council for Technical Education & Vocational Training , Odisha, Bhubaneswar,
Khordha
Odisha
2. Principal,Arati ,ITC, Sonepur
AT/Po/Ps-Sonepur
Sonepur
Odisha
3. Principal,Raman ITI Khariar,
At/Po/Ps-Khariar
Nuapada
Odisha
4. Patitapabana Herna,
S/o-Bhubaneswar Herna,R/o-Suknapadar,Ps-Muribahal,Dist-Balangir,At Present working as Principal Raman ITI,Khariar,At/Po/Ps-Khariar
Nuapada
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Mr Krishna Kumar Tripathyy PRESIDENT
 HON'BLE MR. Mr Binod Bihari Mishra MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

 

Fact of the case in brief :- The Complainant in this case was a student of Raman ITI Khariar under Nuapada district. He was a student of Electrical Trade and took admission by paying requisite fees as per terms and condition of Raman ITI Khariar in the year 2012-14 session two year course. The complainant appeared the Annual Examination admit card issued to him the center for examination is through Arati ITC Sonepur and examination conducted by ITI Bolangir. After completion of examination, the result not yet published even to examination certificate issued to the complainant till today. Therefore the complainant(student) approached before the Principal Raman ITI Khariar by written and oral relating documents filed by the complainant in this case the Annual examination 2012-14 was conducted by OP No.1 state council for Technical Education and Vocational Training Odisha. The cause of action  arose  from  19.03.2014 when the OP No.3 Principal  ITI Khairar  has not  responded  the letter or any reply  regarding  the matter of issue of Certificate and declaration  of result.

The Opposite parties  are appeared  before  the Forum  through their  Counsel  but OP No.3 and 4 are same as Principal, Raman ITI,Khariar ,Dist:Nuapada all  are not filed  their  version  in this case  even not appeared at the time of hearing  and argument .Hence this case stands as ex-parte since  24.02.2015 .All the Ops took time  for filing  of version but not filed  any version in this case  expect  OP No.1. Though the deficiency of service arose from the OP No.3 and 4.The Op No.3 ITI Khariar has collected  a huge amount   for course fee etc. for the two year ITI course without  providing  them Publication  of result  and certificate for that study in the concerned institute .The Op No.1 has filed his  vesion on dated 22.12.2012 according to his Version  but on court 23.12.2014 and he mentioned that ,on same issue this subject matter is subjudice  before the Hon’ble High Court Odisha  vide case No. WP(C ) No. 12197 /2014 but the Op No. 1 never filed any document relating to the matter. The complainant has never mentioned in his complaint petition about the matter and suppress the facts of the case as filing of same matter in different Court.

ORDER

Perused the records and after hearing of the complainant. The deficiency of service of OP No.3 and 4 who took admission of up growing student by taking heavy amount of fees for the course study the Hon’ble Forum has decided the matter that the OP No.3 and 4 i.e. the Principal Raman ITI Khariar is liable for the loss of carriers of the students though the matter is subjudice before the Hon’ble High Court, No documents produced before the Forum relating to the matter by OPs. Hence the Hon’ble Forum has came to a conclusion that, The OP No.3 and 4 has to pay Rs.2,00,000/-(Rupees Two Lakhs) towards compensation for loss of academic sessions and  carriers and Rs.5000/-(Rupees Five Thousand ) towards cost of litigation. The OP No.1  3 and 4 has provide certificate of Annual Examination of ITI Electrical Trade within 6(six) month and the payment shall be made to the complainant within 2(two) months from the date of receipt of judgment, failing which 9% per annum interest will be calculated from the date of judgment till realization  from OP No.3 and 4.

   Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 11th day of August 2015.

 
 
[HON'BLE MR. Mr Krishna Kumar Tripathyy]
PRESIDENT
 
[HON'BLE MR. Mr Binod Bihari Mishra]
MEMBER

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