IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.D.Krishnappa<br /> B.A., L.L.B - President <br /> <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 345/08 DATED 16-01-2009<br /> <br /> ORDER<br /> <br /> Complainant G. Shivashankar S/o Sri. Ganesha, D.No.2167, 3rd cross, Ashokapuram, Mysore-08.<br /> (By Sri.D.D. Balaraju., Advocate)<br /> <br /> Vs. <br /> Opposite Parties 1. Principal, Government First Grade Collage, Kuvempu nagar, Mysore.<br /> 2. Manager, Government First Grade Collage, Kuvempu nagar, Mysore. <br /> 3. Vicechanceller, Examination Department, Mysore University, Mysore.<br /> <br /> (Sri.B.S. Sidda Naika., Advocate For 1st & 2nd Opposite party )<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 05.11.2008<br /> Date of appearance of O.P. : 01.12.2008<br /> Date of order : 16.01.2009<br /> Duration of Proceeding : 1 Month 15 Days.<br /> <br /> PRESIDENT <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The grievance of the complainant who has filed this complaint against the opposite parties in brief, is that he got admitted himself to first year B.com during the year 2007-08 to the college of the opposite parties, studied for one month thereafter discontinued the same due to his poverty. Then in the year 2008 in order to continue his studies he approached the first opposite party and enquired for admission to first year B.com but the first opposite party told him that he can get himself admitted to second B.com and he can take only first B.com examination. He also enquired with a staff there and paid tuition fee of Rs.1,321/- towards the second B.com admission on 28.06.2008 and has also obtained identity card from first opposite party. Thereafter he applied for scholar ship extended to S.C & S.T students but the opposite parties refused to given the application on that ground that he has not taken first year B.com examination and was not entitled. Therefore stated that the opposite parties have ill advised him and caused deficiency in their service and thereby he lost two years of his carrier and therefore he prayed for a direction to the opposite parties to pay him compensation and also to permit him to take first B.com examination and grant such other relieves.<br /> 2. Notice was ordered to be issued to the first opposite party only but the counsel appeared for both first and second opposite parties and filed joint version. The opposite parties in their version have stated that their college is coming within the limits of Mysore University and it is bound by the law and rules issued by it. They have admitted that this complainant had sought admission to first B.com for the year 2007-08 but thereafter after obtaining scholar ship payable to S.C & S.T students discontinued studies and remained absent through out. That the complainant has not taken first B.Com examination and therefore he is not eligible for admission to the second year B.Com. These opposite parties denying the allegations of the complainant that they advised him to get admitted to second B.Com have stated that they have not received tuition fee for second year B.Com and they have no knowledge how and where he has paid tuition fee and stated that identity card relied upon by the complainant do not bear the signature of the principal but only the seal is fixed have further stated that the complainant has not attended the classes of second year B.Com and that circular issued by the university provides full carry over from first year B.Com to second year B.Com provided he had attended the classes of the first year B.Com and taken the examination and even failed examination. But such carry over facility is not available to the students who have not attended the classes and taken the examination, therefore denying all other allegations prayed for dismissal of the complaint.<br /> 3. In the course of enquiry into the complaint, the complainant and the first Opposite party have filed their affidavit evidence reiterating what they have stated in their respective complaint and the version. The Complainant has produced the challen in he having had paid fee of Rs.1,321/- in the State Bank of Mysore and his identity card alleged to have been issued by the first opposite party. The opposite parties have produced a circular of Mysore University dated 17.06.2002, attendance extract of first B.Com for the year 2007-08 and examination document extract. Heard the counsel for both the parties and perused the records and written arguments filed by the counsel for the complainant.<br /> 4. On the above contentions, following points for determination arise.<br /> 1. Whether the Complainant proves that the first and second opposite parties have caused deficiency in their service in giving admission to him for second year B.Com and thereby denying him the issue of application for scholar ship and continuous of his second year B.Com course? <br /> 2. To what relief the Complainant is entitled to?<br /> 5. Our findings are as under:-<br /> Point no.1 : In the negative<br /> Point no.2 : See the final order <br /> <br /> REASONS<br /> <br /> 6. Points no. 1:- As admitted by the complainant himself in his complaint and affidavit evidence he had taken admission to first year B.Com during the year 2007-08 stated to had attended classes only for one month thereafter availed scholar ship facility then discontinued his studies and he did not take first year examination also. It is stated by him then he again in the year 2008 approached first and second opposite parties seeking admission to first year B.Com but they had advised him to get admitted to second year B.Com and pursue his studies and therefore alleged to had paid fee of Rs.1,321/- on 28.06.2008 and then approached opposite parties for issue of application for scholar ship but they refused to give application and thereby the complainant has contended that the opposite parties have caused deficiency in misdirecting him and therefore has sought for the relief. The complainant in support of his contention has produced a challen of State Bank of Mysore in he having had paid the fee of Rs.1,321/- towards the admission fee of second year B.Com. what we are seeing here is fee is not paid to the college and the opposite parties have not involved in either receiving the fee from the complainant or issue of the challen. It is found that the complainant has directly paid the fee in the State Bank of Mysore Kuvempu Nagar branch to a particular account may be that account is that of the opposite parties. This shows that the students of the opposite parties college are required to payable the fee of the college in State Bank of Mysore in which neither the bank seek any authorization from the first opposite party for receiving the fee nor the first opposite party issue any instruments or authorization to pay or receive the fees as such if the complainant on his own had paid that amount in the State Bank of Mysore and is the bank has received it for which we cannot blame the complainant. Therefore it cannot be said that the opposite parties have received the fee knowing that the complainant was not eligible for admission to second year B.Com and thereby misled the complainant in this regard. Further coming to the identity card relied upon by the complainant, again it could be seen this identity card do not bear the signature of any of the officials of the opposite parties college in having had prepared it or in having recommended to the principal for issue of identity card or for signing in the identity card. Admittedly the identity card do not bear the signatures of any of the opposite parties. But we only see the seal of the first opposite party and his facimale (signature in the form of seal). The complainant has not proved this identity card has been issued by the opposite parties with the knowledge of getting him admitted to second year B.Com, Hence it is not unsustainable how and under what circumstances the complainant obtained the stamped signature of the principal on it. However that do not further prove that on the basis of this identity card he was misled by the opposite parties by admitting him to second year B.Com with a promise of permitting him to appear for second year B.Com classes and to avail scholar ship facility in the second year B.Com course.<br /> 7. The attendance certificate produced by the opposite parties and also as admitted by the complainant he never attended the classes of first year B.Com and remained absent through out as such he did not have required attendance to take up first year B.Com examination. Admittedly when he did not take first year B.Com examination such he was not eligible for admission to second year B.Com. This complainant has not even attended classes of second year B.Com also but he appears to have aggrieved when the opposite parties refused to give an application for applying for scholar ship payable to the S.C & S.T students in the second year B.Com classes for the year 2008. It is that appears to have given cause for complainant to approach this Forum with this complaint. The circular of Mysore University relied upon by the opposite parties make it clear that the student who had attended the first year B.Com classes and taken the examination though has failed in the examination gets the facility of full carry over and he can attend second year B.Com classes but he should clear first year B.Com later on. But when the complainant had not possessed to required attendance and when he had not taken examination he could not have sought for admission to second B.Com and who was only eligible for seeking readmission to the first year B.Com and study a fresh. The complainant appears to have obtained a challen after paying admission fee in the bank and identity card and on the basis of which he is making allegations against the opposite parties in they having had allegedly misled him and spoiled his carrier for two years which we find is baseless and reckless. The complaint it is found who was not serious in pursuing his studies appears to be interested in only availing scholar ship facility and to be an ever green student which is not permissible. The opposite parties when refused to extend the scholar ship facility the complainant got wild. This refusal cannot be termed as deficient as such we answer point no.1 in the negative and hord that the complaint is liable to be dismissed. accordingly we pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is dismissed.<br /> 2. Parties to bear their own cost.<br /> 3. Give a copy of this order to both the parties according to rules.<br /> <br /> <br /> (Dictated to the Stenographer, transcribed by him, transcript revised by us and then pronounced in the open Forum on this the day 16th January 2009)<br /> <br /> <br /> (D.Krishnappa) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br />