Orissa

Baleshwar

CC/77/2018

Sri Abhisek Panigrahi, aged about 19 years - Complainant(s)

Versus

Harekrushna Mohatab College, Represented through its Principal, Kupari - Opp.Party(s)

Sj. Bikash Mohan Das & others

16 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/77/2018
( Date of Filing : 10 Dec 2018 )
 
1. Sri Abhisek Panigrahi, aged about 19 years
S/o. Sadanan Panigrahi, At- Alada, P.O/Via/P.S- Khaira, Dist- Balasore.
Odisha
...........Complainant(s)
Versus
1. Harekrushna Mohatab College, Represented through its Principal, Kupari
At/P.O- Kupari, P.S- Khaira, Dist- Balasore-756059.
Odisha
2. Sri Arun Kumar Parhi, Principal, Harekrushna Mohatab College, Kupari
At/P.O- Kupari, P.S- Khaira, Dist- Balasore-756059.
Odisha
3. Director, Department of Higher Education, Bhubaneswar
Odisha Secretariat, Bhubaneswar (GPO), Bhubaneswar-751001.
Khurda
Odisha
4. Secretary, Department of Higher Education, Bhubaneswar
Odisha Secretariat, Bhubaneswar (GPO), Bhubaneswar-751001.
Khurda
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHANTANU KUMAR DASH PRESIDENT
 HON'BLE MS. SURAVI SHUR MEMBER
 
For the Complainant:Sj. Bikash Mohan Das & others, Advocate
For the Opp. Party: Sj. Narayan Chandra Sahoo, Advocate
 Sj. Narayan Chandra Sahoo, Advocate
Dated : 16 May 2019
Final Order / Judgement

                         The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is Harekrushna Mohatab College, Represented through its Principal, Kupari, O.P No.2 is Sri Arun Kumar Parhi, Principal, Harekrushna Mohatab College, Kupari, O.P No.3 is the Director, Department of Higher Education, Odisha Secretariat, Bhubaneswar and O.P No.4 is the Secretary, Department of Higher Education, Odisha Secretariat, Bhubaneswar.

                    2. The case of the Complainant in brief is that the Complainant at present is undergoing his studies (Bachelor of Pharmacy) in Centurion University, Bhubaneswar being selected in the Joint Entrance Examination-2018. Prior to the admission, the Complainant was undergoing his studies in the college of O.P No.1, being admitted on 06.07.2018 bearing his Roll No.BS-18-68 under Student Academic Management System (SAMS) for the year 2018-19, by depositing a sum of Rs.6,255/- (Rupees Six thousand two hundred fifty five) only towards the admission fees as decided by the O.P No.1. As the Complainant was selected in the Joint Entrance Examination, he has applied for college leaving certificate (CLC) to the O.P No.1, which was required for the said admission. It is pertinent to mention here that as per the mandatory, compulsory and obligatory directives/ orders by the Higher Education Department, Odisha specifically under SAMS, each and every college including the O.P No.1 and 2 has/ had no other option, but to return the entire admission fees, by way of deducting the processing fees of Rs.100/- (Rupees One hundred) only. So, the Complainant with the copy of the selection list, prayed before the O.P No.1 and 2 to settle his legal and legitimate claims and also to issue CLC in his favour. But, as per the illegal and arbitrary demand of O.P No.2, the Complainant was forced to make further deposit of Rs.10,194/- (Rupees Ten thousand one hundred ninety four) only towards the fees for CLC on 10.08.2018 and had obtained a valid fee receipt. The Complainant got admitted with the O.P No.1 on 06.07.2018 and the CLC was issued on 10.08.2018 by the O.P No.1 and admission process was continued up to 31.08.2018. Accordingly, vacancy arising of the CLC issued in favour of the Complainant was/ is to be filled up by the SAMS process. In spite of repeated request and reminders at several occasions, the O.P No.1 and 2 intentionally avoided to resolve the grievances of the Complainant. So, the Complainant on 25.08.2018 intimated the Hon’ble Minister for Education of the State by virtue of an application, but all ended in smokes. Thereafter, on 31.10.2018, the father of the Complainant also agitated the present matter before the local M.L.A, who happens to be equally the President of the O.P No.1 and 2 and in spite of his written direction, the O.P No.1 and 2 defied the same. By virtue of the letter No.30494, dtd.09.11.2017 of the Joint Secretary to the Govt. of Odisha in Higher Education Department, in addition to the earlier directions of the Govt. of Odisha, in strict sense has issued command/ guideline to all the colleges including O.P No.1 and 2 to refund the admission fees to the student/ Complainant. The Complainant also submitted that the O.P No.3 and 4 (the higher administrative and supervisory authority of O.P No.1 and 2) are the proforma parties and no relief has been claimed from them in this case. In spite of repeated request and several reminders, the O.P No.1 and 2 did not settle the claim of the Complainant, which amounts to deficiency of service by the O.P No.1 and 2, causing mental agony, monetary loss to the Complainant. Cause of action to file this case arose on 25.08.2018 and on 31.10.2018. The Complainant has prayed for settlement of claims amounting to Rs.16,349/- (Rupees Sixteen thousand three hundred forty nine) only along with compensation and litigation cost.

                    3. Written version filed by the O.P No.1 through his Advocate denying on the point of maintainability, Consumer as well as its cause of action. The O.P No.1 has further submitted that the Complainant took admission in the O.P college on 06.07.2018 on the SAMS system for the year 2018-19. Thereafter, the Complainant left the college and took admission in Bachelor of pharmacy in Centurion University, Bhubaneswar, which is not coming under SAMS system. The listed colleges under SAMS resource centre wise degree college of Odisha is not same category. The Complainant neither a slide of candidate nor a transfer case, the admission in pharmacy is not coming under SAMS system. The admission date is on 06.07.2018 and the date of C.L.C taken by the Complainant is on 10.08.2018. The O.P No.2 has issued C.L.C as per by the management and the Complainant had deposited requisites fees laid down by the management towards admission fees and the deposit of Rs.10,194/- (Rupees Ten thousand one hundred ninety four) only towards the fees for CLC on 10.08.2018 by the Complainant is baseless, irrelevant and concocted one. The Governing body of the college had made resolution on 20.09.1992 to collect full course fees from the students who have taken away their CLC from the college and accordingly, the fees have been collected from the left out students since 1994-95 as per the Odisha Gazette published by Education Department notification dtd.18.12.1991, the power and function of the Governing body is to make proper arrangement regarding collection of fees and fines from the students and arrange for deposit of fees and fines in the treasury whenever required. Accordingly, the management has reserved the decision regarding collection of fees from the left out students as per the notification of Education Department. The Principal-cum-the Secretary of Governing body is to give effect to the decision of the Governing body and subject to control to do all things incidental thereto. Thus, the Principal of this College has carried out the order and decision of the Governing body, for which the fees collected from the Complainant on 10.08.2018. Due to vacancy, the college has suffered financially and also deprived of getting 10% excess admission offered by the Department of Higher Education, whenever the approved strength is filled up. Further, the O.P No.2 has already been retired on 31.01.2019 from the post of Principal, Dr. H.K Mohatab College, Kupari and handed over the charge to the O.P No.1 on the same day. So, the O.P No.2 is no way liable for the aforesaid case. The Complainant is not a Consumer and the question of deficiency of service by the O.Ps does not arise at all. Thus, the case of the Complainant is liable to be dismissed with cost.

                    4. Though O.P No.2 appeared in this case through his Advocate, but has not filed his written version in this case. The O.P No.2 is set ex-parte, but the Advocate for O.P No.2 has participated in hearing of this case.

                    5. Though sufficient opportunities were given to O.Ps No.3 and 4 for appearance, but they have neither appeared nor filed their written version in this case. The O.Ps No.3 and 4 are set ex-parte.

                    6. In view of the above averments of both the Parties, the points for determination of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law ?

(ii) Whether the Complainant is a Consumer under the O.Ps as per C.P Act, 1986 ?

(iii) To what relief the Complainant is entitled for ?

                    7. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that he has deposited a sum of Rs.6,255/- (Rupees Six thousand two hundred fifty five) only towards the admission fees vide Annexure-2 and Rs.10,194/- (Rupees Ten thousand one hundred ninety four) only towards the fees for CLC vide Annexure-3. The Complainant got admitted with the O.P No.1 on 06.07.2018 and the CLC was issued on 10.08.2018 by the O.P No.1 and it was under SAMS process. As the Complainant was selected in Joint Entrance Examination, he has applied for the CLC and got the CLC accordingly from the O.P No.1, but the O.P No.1 did not return the entire admission fees to the Complainant by deducting the processing fees of Rs.100/- (Rupees One hundred) only vide Annexure-7, which is the circular of the Higher Education Department of Govt. of Odisha. When the O.P No.1 did not carry out the same, the Complainant approached from post to pillar, but when got no result in spite of written direction of the local M.L.A, who happens to be equally the President of the O.P No.1. The Annexure-7 clearly discloses about refund of fees by deducting Rs.100/- (Rupees One hundred) only from the total admission fees. So, it is argued that the Complainant is entitled to get the total admission fees by deducting Rs.100/- (Rupees One hundred) only from it. Thus, the Complainant has prayed for settlement of claims amounting to Rs.16,349/- (Rupees Sixteen thousand three hundred forty nine) only along with compensation and litigation cost. On the other hand, it has been argued on behalf of the O.P No.1 that the Governing body of the college had made a resolution on 20.09.1992 to collect full course fees from the students who have taken away their CLC from the college. So, the O.P No.1 is bound to follow the guidelines of the Governing body of the college, but it overwrites the circular of the Govt. of Odisha, which is not permissible. The O.P No.2 has already been retired from his service as disclosed by the O.P No.1, for which he is not liable for the present case. The O.Ps No.2, 3 and 4 are set ex-parte as mentioned earlier. No relief has been claimed by the Complainant against O.P No.3 and 4.

                    8. So, now on careful consideration of all the materials available in the case record and hearing both the sides, I am in the opinion that the Complainant is entitled to get refund of all his admission fees and fees for CLC except Rs.100/- (Rupees One hundred) only, which should be deducted accordingly from it and the O.P No.1 is liable to return the same amount of Rs.16,349/- (Rupees Sixteen thousand three hundred forty nine) only along with compensation of Rs.5,000/- (Rupees Five thousand) only and litigation cost Rs.2,000/- (Rupees Two thousand) only to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum on the total amount including compensation and litigation cost from the date of order till realization. Hence, ordered:-

                                                     O R D E R

                         The Consumer case is allowed on contest against the O.P No.1 with cost and dismissed on ex-parte against O.Ps No.2, 3 and 4 without cost. The O.P No.1 is directed to return the total amount of Rs.16,349/- (Rupees Sixteen thousand three hundred forty nine) only along with compensation of Rs.5,000/- (Rupees Five thousand) only and litigation cost Rs.2,000/- (Rupees Two thousand) only to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum on the total amount including compensation and litigation cost from the date of order till realization. The Complainant is also at liberty to realize the same from the O.P No.1 as per Law, in case of failure by the O.P No.1 to comply the Order.

                         Pronounced in the open Forum on this day i.e. the 16th day of May, 2019 given under my Signature & Seal of the Forum.

 
 
[HON'BLE MR. SHANTANU KUMAR DASH]
PRESIDENT
 
[HON'BLE MS. SURAVI SHUR]
MEMBER

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