Ld. Advocate(s)

     For Complainant    .. Safikulal Alam

           For OP/OPs      ..

Date of Filing      :  20.09.2018

Date of Disposal :  28.02.2020

:    JUDGMENT & ORDER  dtd. 28.02.2020   :        

The case of the complainant, in brief, is that the complainant took admission in the Institute of OP No. 1 in the course of M. Tech in Computer Science (CS) on 15.11.12.  The complainant paid Rs. 77,000/- in favour of the OP No. 1 as admission fees along with other fees.  At the time of admission, the complainant came to know that the OP No. 1 Institute is duly authorized by Swami Vivekannanda University, i.e., OP No. 3 and the OP No. 1 and OP No. 2 are authorized by the OP No. 3 to collect fees and also to conduct examination.  At the time of 1^st Semester the OPs issued Hall Ticket to the complainant and the complainant found that only Registration number was mentioned in the said Hall Ticket but there was no Roll number and the said Hall Ticket was not authorized by proper authority.   After completion of 1^st Semester on 30.04.2013, the OP No. 3 issued Marksheet through OP No. 2 but in the said marksheet, there were some mistakes in the course name and in the subjects and as such the said marksheet was rectified and a fresh marksheet was given to the complainant and the complainant also found that the name of the course was written as “Computer Science Engineering” in each and every marksheet where as the complainant took admission in the course of M. Tech in Computer Science (CS).  Though the marksheet was given to the complainant but no Provisional Certificate, Report of Dissertation part – II, Registration Certificate, Migration Certificate and Hall Tickets were not given to the complainant.  When the complainant requested verbally to issue those certificates, the OP No. 2 demanded huge money illegally for issuing those documents.   Thereafter, the complainant on several occasions tried to get the certificates verbally and also in writing but in vein.  The complainant also sent legal notice but the OPs did not take proper steps.  On 10.01.2017 the complainant also wrote a letter to the Hon'ble Minister-in-Charge, Consumer Affairs Department.  On 25.04.17, the Asstt. Director, Central Consumer Grievance Redressal Cell replied to the complainant to move to the Consumer Forum or appropriate court for redressal of his grievance.  Thereafter, the complainant tried in various ways to get the certificates from the OPs but in vein. The cause of action arose on and from 28.06.2018. 

Finding no other alternative, the complainant has filed this case and prayed before the Forum to pass an order against the OPs to issue Certificate of Examination, Registration Certificate, Report of Dissertation part – II, Migration Certificate and Hall Ticket of all semesters, refund of Rs. 77,000/- along with interest, Rs. 50,000/- as compensation for mental agony and other reliefs. 

The complainant has filed some documents in support of his case which are in the record are as below:-

1. Money receipts
2. Hall ticket of 1^st Semester
3. Marksheet of 1^st Semester
4. Rectified Marksheet of Semester I
5. Marksheet of Semester II
6. Marksheet of Semester III
7. Marksheet of Semester IV
8. Letter  dtd. 18.02.16 issued by OP 2
9. Letter  dtd. 18.02.16 received by OP 1
10. Legal Notice dtd. 12.08.16
11. Report of track consignment
12. Letter to the Hon'ble MIC of CAD
13. Letter dtd. 02.02.17sent by AD
14. Letter dtd. 20.03.17 sent by AD
15. Letter dtd. 25.04.17 sent by CAD
16. WV filed by OP 2
17. Reply submitted by the complainant on 17.05.17
18. Letter dtd. 26.05.17 sent by AD
19. Letter dtd. 27.06.17 to AD
20. Letter dtd. 12.07.17 sent by CAD
21. Advocate’s letter dtd. 22.09.17
22. RTI letter dtd. 22.11.17
23. Letter from OP No. 2 dtd. 18.10.17
24. RTI to UGC on 15.11.17
25. RTI letter to OP No. 3
26. Postal receipt dtd. 22.11.17
27. Letter dtd. 06.12.17 by OP No 3
28. Letter dtd. 20.12.17 sent by U.G.C. to OP No. 3
29. Letter of reply dtd. 12.01.18
30. Letter dtd. 15.02.18
31. Letter dtd. 01.02.18
32. Letter dtd. 24.03.18
33. Letter dtd. 28.05.18
34. Letter dtd. 28.06.18

On the other hand, OPs did not contest this case by filing any written version so the case was heard ex parte against all the OPs.

Points for discussion

1. Whether the complainant is a consumer under the CP Act, 1986?
2. Whether there was any deficiency in service from the side of the OPs?
3. Whether the complainant is entitled to get any relief /reliefs as prayed for?

Decision with reasons

Point No. 1:

The money receipts filed by the complainant, shows that the complainant took admission to the OPs’ Institute by paying requisite fees.  Therefore, it can be presumed that there is a relationship of consumer and service provider between the complainant and the OPs.   So, the complainant is a consumer within the purview of Consumer Protection Act, 1986. 

This point goes in favour of the complainant. 

Point No. 2:

We have carefully gone through the complaint petition, Written Argument and all annexures filed by the complainant.  The main allegation of the complainant is that the marksheet of the last semester was given to the complainant on 19.09.2014 but no Provisional Certificate, Report of Dissertation part – II, Registration Certificate, Migration Certificate and Hall Tickets were not given to the complainant and when the complainant requested verbally to issue those certificates to the OP No. 2, the OP No. 2 demanded huge money illegally for issuing those documents.  In support of this contention the complainant has not filed any cogent document.  On the contrary, the complainant made various correspondence with the Government Offices.  He wrote the letters to U.G.C., New Delhi, Minister-in-Charge, Consumer Affairs Department, Assistant Director, Consumer Grievance Cell, Kolkata etc. to redress his grievances.  Lastly, the complainant has filed this case before this Forum.

We have drawn our attention to a letter dtd. 28.05.2018 from which it is found that a reply letter in reference No. F4-1/2017/CPP-1 dtd. 20.12.2017 of UGC, New Delhi was sent to Uttam Kumar Podder, S/o Sh. Keshab Chandra Podder herein the complainant by OP No. 3, i.e., Swami Vivekananda University, Sagar (MP) in Hindi Language and after carefully perusing this letter we find that all the documents which were issued to the complainant by the OP No. 2 are correct.  

We have also meticulously gone through the prayer portion of the complaint petition from which we find that the complainant has prayed before this Forum to issue Certificate of Examination, Registration Certificate, Report of Dissertation part – II, Migration Certificate and Hall Ticket of all Semesters, that means the complainant was well aware about that Institution that the certificates of that Institute were not fake. 

On the contrary, we are unable to understand why the complainant has prayed to issue certificates and to refund of course fees i.e., Rs. 77,000/-.

The complainant took admission in the Institution of OP No. 1 in the course of M. Tech in Computer Science (CS) by paying Rs. 77,000/- and thereafter the said Institution conducted examination of 4 semesters of the complainant and he passed all the 4 semesters and thereafter, the said Institution issued marksheets of all semesters and also one hall ticket so no question arises to pass any order of refund of Rs. 77,000/- to the complainant. 

On the basis of above observation, we are of the view that there is a clear deficiency in service from the side of the OPs for not issuing those certificates to the complainant.  

Point No. 3:

On scrutiny of the documents produced by the complainant as well as complaint petition, we are of the opinion that the complainant is not entitled to get any other relief as prayed for, as the complainant did not suffer any type of loss.

In the net result the case succeeds in part. 

Hence, it is                                       

O R D E R E D,

That the case be and the same is allowed ex parte in part against all the OPs.

The OPs are hereby directed to issue Certificate of Examination, Registration Certificate, Report of Dissertation part – II, Migration Certificate and Hall Ticket of rest 3 semesters within 30 days from the date of this order, failing which the complainant is at liberty to put execution as per Consumer Protection Act, 1986.

We make no order as to compensation and litigation cost. 

            Let a plain copy of this judgment/order be supplied to the parties forthwith free of cost.