District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.332/2020.

 Date of Institution: 28.09.2020.

Date of Order: 31.10.2022.

Pawan Kumar son of Shri Shripal are 23 years, occupation student, resident of House No. MCF D-267, Bhagat Singh Colony, Ballabgarh, District Faridabad – 121004 mobile NJo. 7011523561, Aadhar No. 8467  8646 9102.

                                                                   …….Complainant……..

                                                Versus

1.                Department of Technical Education, Haryana, SC & BC Post Matric Scholarship Saction, Bays 7-12, Sector-4, Panchkula-134112 through its joint Director.

2.                J.C.Bose University of Science and Technolgoy, YMCA, Faridabad – 121006 through its registrar.

                                                                   …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:          Father of the complainant alongwith Shri Narinder Kumar Bhati Adv.

                             Shri Sudeep Kumar, Sr. Lect. Govt. Polytechnic in person on behalf of opposite party No.1.

Shri Amit Kumar,   counsel for opposite party No.2.

ORDER:  

                             The facts in brief of the complaint are that the complainant was a student of computer engineering course 2015-2019 vide his roll NO. CE-2708-2K15 of opposite party No.2 and he was eligible to receive SC & BC Post Metric Scholarship from the Government of Haryana as per law.  The Government of Haryana was given/paying SC & BC Post Metric Scholarship to him during his academic session.  The department was given him the said scholarship in two installments in a year.  The concerned department paid the said scholarship amount in the year of 2015-16 in two installments, in the year 2016-17 further in two installments and also in the year 2018-19 in two installments but in the meantime the department not issued/paid the said scholarship for the year 2017-18. Even more the department neither paid Ist and 2^nd installment of the scholarship to the complainant and the complainant not received the payment of scholarship for the year 2017-18.  The complainant requested to the concern authority for payment and for updation of this record on portal vide email dated 18.03.2019 through his email ID

deficiency in service on the part of the opposite parties the complainant suffered substantial loss and mental agony.  The complainant had right to ecover the amount of scholarship for the year 2017-18 alongwith interest @ 18% p.a. from the date of actual payment till realization. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                An order for payment of scholarship Rs.56,700/- to the complainant for the year of 2017-18 described in the above paras of the complaint, alongwith accrued rate of interest @ 18% p.a. from the date of its payment to till the actual date of realization.

b)                Special compensation for the mental pain, harassment and pecuniary loss to the tune of Rs.50,000/-.

c)                Cost of complaint.

May kindly be passed in favour of the complainant and against the opposite parties.

2.                Opposite party No.1  put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that   the present complaint had been filed by the complainant vide which he had prayed that:

i)                 An order for payment of scholarship Rs. 56,700/- to the complainant for the year 2017-18 described in the complaint alongwith accrued rate of interest @ 18% per annum from the date of its payment to till the actual realization.

ii)                Special compensation for the mental pain, harassment and pecuniary loss to the  tune of Rs.50,000/-.

iii)               Cost of complaint.

In order to receive Scheduled Castes Post Matric Scholarship, the student must fulfil the following conditions:

a)                The candidate should apply on  Welfare of Scheduled Castes & Backwarad Classes Department, Haryana website i.e. http:/www.hryscbcschemes.in before the closing date.  In this case the candidate did not complete his application on the portal for further processing before the closing date, due to this reason the candidate was not eligible for the Post Matric Scholarship for the session 2017-18.

b)                The total family income of the candidate should be less than 2.5 lakhs per annum.

c)                The candidate should be from Scheduled Castes community.

d)                The candidate should have Haryana resident certificate.  The candidate should have passed 10^th /10+2 examination.

The complainant had no right to recover the amount of scholarship for the year 2017-18 alongwith interest @ 18% p.a. from the date of actual payment till realization, due to the fact that:-

a)                Director Welfare of Scheduled Castes & Backward Classes Departmental, Haryana invited the applications for Post Matric Scholarship for the session 2017-18 on the departmental website i.e. http:/www.hrysbschemes.in from 20.11.2017 to 31.12.2017.

b)                Director Welfare of Scheduled Castes & backward Classes Departmental, Haryana again invited the applications for Post Matric Scholarship for the session 2017-18 on the department website i.e. http:/www.hryscbschemes.

in from 13.03.2018 to 26.03.2018 by giving an another chance to the students who could not apply earlier.

c)                Director Welfare of Scheduled Castes & backward Classes Departmental, Haryana then again invited the applications for Post Matric Scholarship for the session 2017-18 on the departmental website i.e. http:/www.hryscbschemes.in from 27.08.2018 to 10.09.2018 by giving one more chance to the students who could not apply earlier.

e)                The  complainant Sh. Pawan Kumar did not complete his application upto 10.09.2018 on the portal for further processing of Post Matric Scholarship for the session 2017-18 on the departmental website i.e. http:/www.hryscbschemes.in during the period (i.e.20.11.2017 to 31.12.2017, 13.03.2018 to 26.03.2018 & 27.08.2018 to 10.09.2018) on which the applications were invited on the portal for session 2017-18.

Opposite party No. 1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                Opposite party No.2  put in appearance through counsel and filed written statement wherein Opposite party No.2 refuted claim of the complainant and submitted that the complainant was a student of computer engineering in the batch of 2015-19.  Govt. of Haryana had given SC and BC Post Matric Scholarship to the eligible students.  The present complainant applied for the scholarship in the year of 2015-16 then in the year of 2016-17 for which the amount of the scholarship was given to the complainant in installments.  The complainant also applied for the scholarship for the year 2017-18 and thereafter also applied in the year of 2018-19.  The installments were given to the complainant for the year of 2015-16, 2016-17, 2018-19 but the scholarship was not given to the present complainant for the year of 2017-18.  It was pertinent to mention here that the

process of applying for the SC and BC Post Matric Scholarship was through the portal of SC and BC Social Welfare Department, Haryana, Chandigarh.  The advertisement for applying for the scholarship through online applications was given on the portal

3.                The parties led evidence in support of their respective versions.

4.                We have heard learned counsel for the parties and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties– Department of Technical Education with the prayer to: a)         An

order for payment of scholarship Rs.56,700/- to the complainant for the year of 2017-18 described in the above paras of the complaint, alongwith accrued rate of interest @ 18% p.a. from the date of its payment to till the actual date of realization. b)Special compensation for the mental pain, harassment and pecuniary loss to the tune of Rs.50,000/-. c) Cost of complaint. May kindly be passed in favour of the complainant and against the opposite parties.

                   To establish his case the complainant  has led in his evidence,  Ex.CW1/A – affidavit of Pawan Kumar, Ex.C-1 -  SC & BC Post Metric Scholarship, Ex.C-2 – Welfare of Scheduled Caste & backward Classes Department, Ex.C-3 email dated May 18.2019, Ex.C-4 – email, Ex.C-5 – legal notice, Ex.C-6 – postal receipt, Ex.C-7  legal notice dated 16.01.2020, Ex.C-8 – letter dated 14.2.2020, Ex.C-9 -  letter dated 04.12.2019, Ex.C-10 – legal notice, Ex.C-11 – postal receipt.

On the other hand counsel for the opposite party No.1 strongly

agitated and opposed.  As per the evidence of the opposite party  No.1 affidavit of Shri Sudeep Kumar, Sr. Lecturer, Govt. Polytechnic for Women, Sector-8, Faridabad, Ex.R-1 - Welfare of Scheduled Caste & backward Classes Department,  Ex.R-2 - SC & BC Post Metric Scholarship, Ex.R-3  to 5– not readable.

                   Shri Admit Kumar, counsel for opposite party No.2 has made a statement that reply already filed on behalf of opposite party No.2 be read as evidenc eof opposite party No.2.  Therefore,  evidence on behalf of opposite party No.2 has been closed vide order dated 23.02.2022.

6.                In this case, the complaint was filed by the complainant with the prayer to pass an order for payment of scholarship rs.56,700/- to the complainant for the year 2017-18described in the above paras of the complaint, alongiwth accrued rate of interest @ 18% p.a. from the date of its payment to till the actual

date of realization.   It is evident from Ex.R-2  that Diector Welfare of scheduled Castes & Backward Classes Department, Haryana again invited the applications for Post Matric Scholarship for the session 2017-18 on the department website from 13.03.2018 to 26.03.2018 by giving an another chance to the students who could not apply earlier.  It is evident from Ex.R-3 that Director welfar eof Scheduled Caste & backward Classes Department, Haryana then again invited the applications for Post Matric Scholarship for the session 2017-18 on the department website from 27.08.2018 to 10.09.2018 by giving one more chance to the students who could not apply earlier.  The complainant Shri Pawan Kumar did not complete his applciation upto 10.09.2018 on the portal for further processing of Post Matric Scholarship for the session 2017-18 on the departmental website during the period (i.e. 20.11.2017 to 31.12.2017, 13.03.2018 to 26.03.2018 & 27.08.2018 to 10.09.2018) on which the applciations were invited on the portal for session 2017-18.

7.                After going through the evidence led by the parties, the Commission is of the opinion that the candidate did not complete his applciaiton on the portal for further processing upto the closing date, due to this reason the candidate was not eligible for the PMS Scholarship for the session 2017-18 vide Ex.R-3 during the period (20.11.2017 to 31.12.2017, 13.03.2018 to 26.03.2018 & 27.08.2018 to 10.09.2018)  on which the applications were invited on the portal for session 2017-18.  Hence, non completion of application by the complainant himself on the online portal has resulted into non disbursal of Post Matric Scholarship claim for the claim session 2017-18.  The complainant himself is responsible for this lapse.   Further, the Post Matric Scholarship cannot be granted when the processing/closing date of application for claim nsession 2017-18 was 10.9.2018. 

Keeping in view of the above submissions, the Commission is  of the opinion  that no deficiency in service on the part of the opposite parties have been proved.  Resultantly, the complaint is dismissed.  Copy of this order be given to the parties  concerned free of costs and file be consigned to record room.

Announced on:  31.10.2022                                 (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                (Indira Bhadana)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.