D.o.F:15/02/2012
D.o.O:25/02/2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.39/12
Dated this, the 25th day of February 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Mohammed Ashraf.M
S/o Abdulrahiman,
Kazhi Manzil, Cheriya Alampady, : Complainant
Muttathody , Alampady Po,
Kasaragod.
(Adv.Subash Bozz.V.M)
The Entrepreneur, Akshaya Centre,
New Busstand Complex, Kasaragod. : Opposite party
(Adv.A.M.Abdul Jamal)
ORDER
SMT.SHIBA.M.SAMUEL : MEMBER
The gist of the complainants case is that he was a graduate and he is the eldest son of his parents and he was constrained to discontinue his studies and started to work as front office executive at hotel city tower resort Kasaragod. His family was maintained out of the income derived from his job. But being an aspiring student he applied for master in degree in tourism management course in Indira Gandhi Open University through the opposite party. He submitted the application on 24/10/11 along with attested provisional degree certificate and also with DD bearing No.257635 drawn on SBI Vadakara Branch in the name of the University as fees for the first 2 semester along with the other documents such as SSLC book , Copy of Plus certificate and other documents etc. He had also paid an amount of Rs.500/- for the application form and processing fee. Eventhough the complainant on many occasions enquired about the application and the for the study materials the opposite party responded that the application along with DD and documents where already sent to the university. Since the complainant was not received any acknowledged card in the 2nd week of January 2012 the complainant request the opposite party to make an enquiry for which the opposite party turned deaf ears to queries . Therefore the complainant availed the assistance of friends and relatives to make the request seriously by apprehending loss of one year and consequences thereof.. The opposite party herein confessed regarding the negligence on his part and sent application subsequently. The complainant not received student card , fee receipt and provisional admission card till the filing of his complaint. The act of the opposite party amounts to reckless negligence and clear case of deficiency service and unfair trade practice. Complainant suffered great mental agony and physical inconvenience. Hence the complaint.
The opposite party appeared and filed version by contending that the all the allegations leveled against him is baseless and the complainant suppressed material facts. As per the opposite party the complainants application was accepted by IGNOU and registered his name during the same academic year the student identity card was also sent to him by the university . The opposite party had a specific case that the application was submitted only on 16/2/12 and it was duly entered in the register regarding the admission to IGUNO and immediately on the same day it was forwarded to Akshya Project officer and they too had forwarded the same on 17/2/12. And complainant got a admission in January session itself. The opposite party further contended that the complainant did not come to the opposite party after submitting the application and the complainant can complete the course within 5 years from January 2012 as per the IGNOU scheme therefore the question of laws studies does not arose at all. The opposite party is not responsible for any sort of mental agony and inconvenience caused to the complainant and there is no latches or deficiency of service attributed against him. Therefore the complaint is liable to be dismissed.
Now the points for consideration are
1. Whether there is any deficiency in service on the part of opposite party
2. If so what is the relief and cost .
The complainant was examined as PW1 and Exts A1 to A7 series marked. Opposite parties counsel represented that opposite party has no oral evidence and Exts.B1 to B4 marked. Heard both sides. Documents perused.
As per the exhibits marked before the Forum Ext.A1 is the application form of the complainant for BA Travel and Tourism Management under Indira Gandhi National Open University. The date of application clearly shows as 24/10/2011. According to PW1, he was an aspiring student constrained to discontinue his studies and started to work as Front Office Executive since he has to maintain aged and ailing parents with sisters and brothers. Therefore he decided to continue education through correspondence course and with that intention he had approached the opposite party While perusing Ext.A1 ,the complainant had submitted his application on 24/10/2011 .It is also evident that the study centre(as column No.4) as per Ext.A4 was shown as Akshya Centre and also specifies the particulars of DD and its date of remittance of fees. The specific case of the complainant is that he had submitted the application along with attested copy of SSLC certificate, plus two mark list and provisional Degree certificate of Kannur University. But as per the version of the opposite party the complainant approached the Forum by suppressing material facts, he had handed over the DD and application to the opposite party only on 16/2/12 and the same was duly entered in the register maintained regarding admission to Indira Gandhi Open University in the day to day work of the opposite party. According to opposite party immediately on receiving it, the same was forwarded to Akshya Project officer ,Kasaragod and they too forwarded the same on 17/2/12 to the Regional Centre Vadakara. But it is highly pertinent to note that on careful perusal of Ext.B1 itself is the clear proof of the negligence on the part of the opposite party ie,as per Ext.B1 which consists of the 15 particulars of applicants with full details regarding the admission. On the 8th page of the Ext.B1 the particulars of the complainant is clearly mentioned. As per the details of DD its number and date of DD was compared with the details of DD shown in the Ext.A1 as well as in Ext.B1 are tallying and the date of application is also clearly shown as 22/10/11as per Ext.B1. Therefore we hold this view that this complainant submitted his application not on 16/2/2012 but the same was submitted on the date mentioned in Ext.A1 which is more believable. The opposite party has no case that PW1 submitted the application to him by correcting the date shown in the copy of the application produced before the Forum. It means that the complainant succeeded in substantiating his case that he had submitted the application on 24/10/2011 and the opposite party kept the same with him till the expiry of January 2012 and thereby the complainant suffered mental agony and other inconvenience. Moreover it is very crucial aspects in this case that the PW1 received student card, fee receipt and provisional admission letter which marked as Ext.A7, A7 (a),to A7 (c) respectively only on March 24th 2012 that is only after filing of this complaint and the last date for submitting the assignment was on 31/3/2012 and it was impossible from the PW1 to prepare and submit the assignment in time. Till 22/11/2012 , PW1 has not received the study material from the University and when the PW1 contacted the University, it was informed that the study materials has already been sent to the study centre that to the opposite party herein. The complainant lost one academic year only due to the negligent act of opposite party. By considering all these aspects, we are of the opinion that there is gross negligence on the part of opposite party and hence opposite party is liable to compensate for the damages sustained to him..
In the result, the complaint is allowed directing the opposite party to pay an amount of Rs.50,000/- to the complainant as compensation along with Rs.5000/- as cost. Time for compliance is 30 days from the date of receipt of copy of this order.
Exts:
A1- Application form
A2-copy of DD
A3-copy of acknowledgment
A4-copy of SSLC book
A5- copy of higher secondary certificate
A6-copy of provisional certificate
A7-admission card
A7(a) to(c) receipt,letter and envelop
B1- copy of register
B2-Copy of student list
B3-computer slip
B4- copy of courier list
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva
/Forwarded by Order/
SENIOR SUPERINTENDENT
