Punjab

Faridkot

CC/18/99

Sarbjeet Kaur - Complainant(s)

Versus

Gurukul College Women - Opp.Party(s)

Ashu Mittal

29 Apr 2019

ORDER

    DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

C.C. No. :                 99 of 2018

Date of Institution :   12.06.2018

Date of Decision :     29.04.2019

 

Sarabjit Kaur aged about 28 years d/o Sukhwinder Singh r/o Near Vishkarma Furniture House, Faridkot Road, Kotkapura, District Faridkot.

                                    .....Complainant

Versus

1. Gurukul College for Women, School Nursing situated at Kothe Kotkapura, District Faridkot through its Principal.
2. Gurukul College for Women, School Nursing situated at Kothe Kotkapura, District Faridkot through its Director.
3. Punjabi University Patiala through its Vice Chancellor.
4. Karnatka State Open University, Mukhtagangotri, Mysore, Karnatka 570006 through its Registrar.

                                                     .........OPs

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh  Ajit Aggarwal, President,

Smt  Param Pal Kaur, Member,

Present:       Sh Ashu Mittal, Ld Counsel for complainant,

 Sh Gurwinder Brar, Ld Counsel for OP-3,

OP-1, 2 and OP-4 Exparte.

 

ORDER

(Ajit Aggarwal, President)

      

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                                           Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs for deficiency in service and for seeking directions to OPs to issue DMC and degree of M Sc. I.T. and for further directing OPs to pay compensation of Rs.50,000/- for inconvenience, harassment and mental agony suffered by complainants besides litigation expenses.

 2                                                    Briefly stated, the case of the complainant is that complainant passed her B Sc I T from Karnatka State Open University and on being persuaded by advertisements of OP-1 and OP-2 and on being assured by them regarding examination, verification of certificates and other formalities, complainant took admission in the institute of OP-1 and 2 in M Sc I T First Semester in 2014 and deposited requisite admission fee, security and other charges with them as per their demand from time to time. It is submitted that after examination of first semester, OP-1 and 2 demanded migration certificate in December, 2014 which was duly handed over by complainant to them, when result came out, complainant was declared pass in it but she was not issued Detail Marks Card and only provisional result was given to her on the ground that she did not submit her migration certificate to OP-3. Though complainant had already submitted her migration certificate to OP-1 and 2 as per their demand and after checking their record OP-1 and 2 admitted that migration certificate was handed over to them by complainant, but they did not issue her DMC. Thereafter, she cleared the 2^nd, 3^rd and 4^th semester of M Sc I T and passed her M Sc I T in year 2016, but OPs did not issue her detail marks card and degree for M Sc I T to her. Complainant made several requests to Ops to

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release her DMC and degree, but all in vain. All this act of OPs has caused great harassment and mental tension to complainant, which amounts to deficiency in service and unfair trade practice. Complainant has prayed for accepting the complaint alongwith compensation for harassment and litigation expenses. Hence, the complaint.

3                                     The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 13.06.2018, complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                  On receipt of the notice, OP-3 filed written statement taking preliminary objections that as per university rules, if any student takes admission after completing previous education from another university or board, his admission will be provisional till the verification of original certificates of previous qualification. It is averred that migration certificate and other certificates of complainant were sent to Karnatka State Open University, Mysore for verification but till no reply is received from concerned institute. However, on merits OP-3 have denied all the allegations of complainant being wrong and incorrect and asserted that there is no deficiency in service on their part and complainant is not entitled for any relief or compensation as sought by her. It is further averred that this Forum has no territorial jurisdiction to hear and try the present complaint. It is reiterated that there is no deficiency in service on their part and refuted all the allegations of complainant being false and frivolous and prayed for dismissal of complaint with costs.

 

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5                               Notice issued to OP-1 and OP-2 through registered cover did not receive back undelivered. It was presumed to be served. Despite expiry of statutory period, no body appeared on behalf of OP-1 and OP-2 either in person or through counsel on date fixed, therefore, vide order dated 14.08.2018, they were proceeded against exparte. Notice containing copy of complaint and other relevant documents was also sent to OP-4 through RC AD, but same was not received back undelivered. It was presumed that OP-4 was duly served but despite having sufficient notice of complaint against them, OP-4 did not appear in the Forum either in person or through counsel and therefore vide order dated 25.03.2019, OP-4 was also proceeded against exparte.              

 6                           Parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them.  Ld Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to C-7 and then, closed the evidence.

7                            In order to rebut the evidence of the complainant, Counsel for OP-3 tendered in evidence affidavit of Manjit Singh Nijjar, Registrar as Ex. OP-3/1 and documents Ex OP-3/2 to Ex OP-3/4 and then, closed the evidence.

8                        Ld Counsel for complainant argued that on OP-1 and 2 advertised that their institute is fully affiliated with OP-3 and on being assured by them regarding examination, verification of certificates and other formalities, complainant took admission in the institute of OP-1 and 2 in M Sc I T First Semester in 2014 and deposited requisite fees and other charges

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with them. Complainant also handed over her migration certificate to them as per their demand. It is submitted that after examination of first semester, when result came out, complainant was declared pass in it but she was not issued Detail Marks Card and only provisional result was given to her on the ground that she did not submit her migration certificate to OP-3. It is submitted that complainant had already submitted her migration certificate to OP-1 and 2 as per their demand and after checking their record OP-1 and 2 admitted that migration certificate was given to them by complainant, but they did not issue her DMC. Thereafter, she cleared the 2^nd, 3^rd and 4^th semester of M Sc I T and passed her M Sc I T in year 2016, but OPs did not issue her detail marks card and degree for M Sc I T. Despite repeated requests, Ops did not release DMC and degree of M Sc I T to complainant, which amounts to deficiency in service. She has prayed for accepting the present complaint and stressed on documents Ex C-1 to Ex C-7.

9                                            To controvert the allegations of complainants, ld counsel for OP-3 argued that as per university rules, if any student takes admission after completing previous education from another university or board, his admission will be provisional till the verification of original certificates of previous qualification. Migration certificate and other certificates of complainant were sent to Karnatka State Open University, Mysore for verification but  no reply is received from concerned institute. OP-3 have denied all the allegations of complainant being wrong and incorrect and asserted that there is no deficiency in service on their part and prayed for dismissal of complaint with costs.

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10                                       We have heard learned counsel for parties and have very carefully gone through the affidavits & documents placed on the file by complainant as well as opposite party no.3.

11                                  Careful perusal of the complaint case and record placed on file by respective parties, it is observed that grievance of complainant is that on assurance of OP-1 and 2 that their institute is affiliated with OP-3, she passed her M Sc. I T from their institute, but despite repeated requests, OPs have not issued her detail marks card and degree for M Sc I T, which caused her huge harassment and mental agony. In reply, OP-3 admitted that complainant passed out her M Sc IT from their institute and averred that documents and certificates of complainant have been sent to Karnatka State Open University, Mysore/Op-4 for verification purpose, but no reply regarding same has been received so far and until completion of verification, admission is considered as provisional. There is no rebuttal from OP-1 and OP-2 and from OP-4 as all these are exparte. However, from the averments made by OP-3, it is clear that complainant took admission in the institute of OP-1 and OP-2 and pleading of complainant that she handed over her migration and other certificates to OP-1 and 2 for further submission to OP-3, is also proved to be correct as OP-3   themselves admitted in their version that they sent the documents and certificates of complainant to OP-4 for the purpose of verification.   Grievance of complainant is further proved in the light of documents Ex C-2 to Ex C-6 that are copies of receipts issued by Gurukul Institute/OP-1 and OP-2 to complainant for her admission in their institute. Ex C-6 is copy of Migration Certificate issued by OP-4 to complainant wherein it is clearly  

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mentioned that complainant has passed out his B Sc I T from their institute and they have no objection if complainant continues her studies with any other university. OP-3 themselves admitted that they have received migration certificate of complainant which they have sent to OP-4 for verification. Complainant has produced sufficient and cogent evidence to prove her grievance and all documents placed on record are authentic and are beyond any doubt.

12                        In the light of above discussion, complaint in hand is hereby allowed. OPs 1, 2 and 3 are ordered to send requisite documents to OP-4 for completing the verification process within 7 days of receipt of the copy of the order and OP-4 is ordered to verify the authenticity of documents received from OP-1, 2 and 3 within one week of receipt and thereafter OP-1, 2 and 3 are further directed to issue Detail Marks Card and Degree for M Sc I T to complainant within 15 days. Compliance of this order be made within prescribed period of one month, failing which complainants shall be entitled to proceed under section 25 and 27 of the Consumer Protection Act. Copy of the order be issued to parties. File be consigned to record room.

Announced in open Forum:

Dated: 29.04.2019

 

                                         (Param Pal Kaur)                   (Ajit Aggarwal)

Member                                      President