DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 72 OF 2015
Seema Manjari Bhaisal,( 27 Yrs.)
D/O. Late Sobhachandra Bhaisal,
R/O: Kudabaga, PO-Kundukela, PS- Bhasma,
Dist: Jharsuguda,Odisha…………………………………….…………………Complainant.
Versus
Director,
Jharsuguda GNM Training College,
Beheramal, Jharsuguda,
PO- Industrial Estate,
PS/Dist: Jharsuguda, Odisha.………………………………..….............….…...Opp. Party.
Counsel for the Parties:-
For the Complainant Shri P.R. M.Rao, Adv. & Associates.
For the Opp. Party Shri R.Kanda, Adv. & Associates.
Date of Order: 29.02.2016
Present
1. Shri S.L.Behera, President
2. Smt. A. Nanda, Sr. Member
Shri S. L Behera, President : - The brief facts of the complainant’s case is that, the complainant namely Seema Manjari Bhaisal has desirous for nursing profession, as per the advertisement made by the O.P educational institution took admission in “GENERAL NURSING & MIDWIFERY” TRAINNING ( GNM ) in the said institution on payment of Rs.20,000/- towards admission fees, ( 1st Installment) vide Money Receipt No. 1625 on dtd. 06.01.2015 and then paid 2nd installment of Rs.20,000/- vide MR No. 3643 dtd.07.03.2015, 3rd & 4th installment of Rs.21,000/- vide MR No. 1692 dtd. 25.05.2015 and Rs.9,000/- respectively. It is averred by the complainant that after admission in the O.Ps. institution she attained regular classes till 1st week of August, 2015 without any interruption but thereafter the O.P. demanded a sum of Rs.50,000/- only as donation towards improvement fund illegally. According to the complainant after receipt of Rs.70,000/- only from the complainant towards admission fees and hostel charges, further demand of Rs.50,000/- in the mid-session, amounts to unfair trade practice on the part of O.Ps. The complainant also submitted that the O.P threaten to stuck off her name in the course for non-payment of Rs.50,000/- despites several request made by the complainant to the O.ps. when it remained silent Advocate notice dtd. 19.08.2015 was sent by the complainant’s counsel and on receipt of the said notice in its reply denied the allegations and stated as per the letter requirement by the Director of Nursing, Odisha at the time of verification of the documents of +2 equivalent certificate of the complainant was required for further verification of eligibility of admission into GNM course during academic session-2014-15 and the same was not submitted by the complainant within the stipulated period. The complainant alleged deficiency in service in educational institution on the part of O.P/ Educational Institutions as after receipt of Rs.70,000/- as per requirement, after verifying the necessary documents i.e. educational certificates etc. . Thereafter demanding of +2 equivalent certificate that too of taking admission into the course amounts to deficiency in service. In her complaint the complainant has prayed for a direction to the O.P to allow the complainant to attained the class regularly, to allow the complainant to appear in the examination of 1st Year GNM course and to exempted the complainant from submission of +2 equivalent certificate with compensation.
Copies of Advocate notice dtd. 19.05.2015, advocate’s reply dtd.26.08.2015, copy of letter dtd.11.05.2015 address to the O.P by the Director of Nursing, Odisha, MR No. 1625 dtd. 06.01.2015 of Rs.20,000/- , MR No.1634 dtd. 07.05.2015 of Rs.20,000/- , MR. No.1692 dtd. 25.05.2015 of Rs.21,000/- , Xerox copy of receipt of RS.9,000/- along with affidavit evidence have been filed on behalf of the complainant.
Being noticed OP. enter appearance before this Forum and contest the case through their counsels. The O.P denying the allegations made by the complainant and submitted that as per the application of the complainant to prosecute the GNM course through their institution after selection intimation had given to the complainant for taking admission for the session-2014-15. The O.P admitted to have receipt the prescribed fee required for admission. It is also submitted by the O.P that the complainant was admitted into the course in all documents and as per the prospectus of the college subject to verification and confirmation of Director of Nursing, Odisha. It is also stated by the O.P the complainant is to submitted the equivalent certificate as per instruction given by the Director of Nursing, Odisha and as per the complainant has given an undertaking at the time of admission to comply and abide by any subsequent event and difficulties, rules and regulations of the college from time to time looking into changing circumstances. Again submit due to non-compliance to the letter dtd.11.05.2015 wherein Director of Nursing, Odisha required +2 equivalent certificate of the complainant, she will be not allowed to give examination and no certificate of course completion will be given to her. The O.P denied to have render any deficiency in service in respect to the complainant and sought for dismissal of the complaint.
The O.P has produce as many as copies of seven documents including the prospectus, letter dtd. 11.05.2015, letter dtd. 21.05.2015 address to the complainant asking her for submission of +2 equivalent certificate, advocate’s reply notice dtd. 26.08.2015, certificate of the complainant i.e National Institute of Open school, Govt. of India, Application form duly signed by the complainant along with affidavit evidence.
We have gone through the complaint petition, written version, evidence i.e. documents produced by the parties including affidavit evidence of the parties. We have also heard the counsels, argued on behalf of the parties. It is not disputed that the O.P. has admitted the complainant into the course in question after receipt of a sum of Rs.70,000/- as required at the time of admission. It is also not disputed that after taking admission into the O.P’s institution the complainant is regularly attended the classes. The complainant alleged that demand of Rs.50,000/- by the O.P. and causing obstructed for attending the classes after August,2015 and the same is denied by the O.P but could not be established. The O.P’s claim that due to non-submission of certificate required by the Director of Nursing, Odisha the complainant would be debarred from appearing in the examination and non-issuance of certificate of course completion is repelled as when the O.P had admitted the complainant into the GNM course after payment of required amount it cannot deprived the complainant from being appearing in the examination and from receiving course completion certificate after being the course is completed. The O.P claiming to be a reputed educational institution should have instructed the complainant to produce +2 equivalent certificate before taking her admission but it was not done and when the complainant paying the fees required for admission during continuance of the classes asking for the certificate is not appreciable. After all the O.P’s. institution functioning much earlier then the admission of the complainant for the year-2014-15 and the O.P must have known the procedure adopted by it prior to this session. Now question arises as the why the O.P did not raise/ demand the +2 equivalent certificate before admission and only after the letter of the Director of Nursing, Odisha it issued letter for submission of the said certificate. We therefore rejected the stand taken by the O.P and allowed the complaint petition.
The O.P has rendered deficiency in service in respect to the complainant. Hence we allow the complaint of the complainant with direction to the O.P to allow the complainant to attend the class regularly, to appear in the examination of 1st year GNM course and also allow the complainant to exempt from submitting +2 equivalent certificate. Further the O.P is hereby directed to pay sum of Rs. 50,000/- (Rupees fifty thousand) only to the complainant towards harassment, mental agony and cost of the case, within 30 (thirty) days from the date of receipt this order.
Accordingly the case is disposed of.
Order pronounced in the open court today the 29th day of Feb’ 2016 and copy of this order shall be supplied to the parties as per rule.
I Agree.
A. Nanda, Sr.Member S. L. Behera President
Dictated and corrected by me
S. L. Behera President
