Haryana

Bhiwani

CC/56/2016

Vikash - Complainant(s)

Versus

I.T.S. - Opp.Party(s)

Satpal Sharma

23 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                Complaint Case No. : 56 of 2016

                                                                Date of Institution    : 22.03.2016

                                                                Date of decision:      : 23.10.2023

 

Vikas son of Shri Amit Dahiya R/o H.No.55, Maharana Partap Colony, Rohtak Road, Bhiwani, Tehsil and District Bhiwani.

                                        ...Complainant. 

 

                                                    Versus.

1. The Institute of Technology and Sciences (ITS), near village Nina, 5 Km. Milestone on Bhiwani-Delhi Road,  Bhiwani, Tehsil and District Bhiwani through Director/Principal.

 

2. The Registrar, M.D. University, Rohtak, Tehsil and District Rohtak.

 

...Opposite parties.

 

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT, 1986.

Before: -      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member.

                    Hon’ble Ms. Shashi Kiran Panwar, Member.

Present:        Sh. Satya Pal Sharma, Advocate for complainant.

                    Sh. Anil Sharma, Advocate for OP No.2.

                    OP No.1 exparte.

 

                                                  ORDER

 

SMT. SAROJ BALA, PRESIDING MEMBER:

1.                 Brief facts of the case present complaint are that complainant got admission for Bachelor Degree in Technology with Op No.1 institute affiliated with OP No.2 by paying fixed tuition fee and all other charges. As per complainant, he left the OP No.1 having been taken exam of his last semester and completed his regular required studies but as per rules the complainant has to re-appear for his papers yet to be passed for various semesters through the OP No.1. Complainant filled his re-appear examination forms through OP No.1 alongwith depositing examination fees for  re-appear of 1^st, 3^rd and 5^th Semester vide receipt No.17616 dated 11.09.2015 issued by OP No.1.  But roll number to appear for the 1^st semester which was to be held on 06.01.2016 could not be found.  On enquiry, complainant was intimated that his form was not filled and thus roll number could not be issued whereas roll numbers for 3^rd and 5^th Semester had been issued. Thus complainant has alleged that due to irresponsible act & conduct of Ops, he could not appear for the exams of 1^st semester which caused loss to his career opportunity which amounts to deficiency in service on the part of OPs. Hence, the present complaint has been preferred by complainant seeking directions against the Ops to pay Rs.5.00 lac as compensation alongwith interest @ 12% per annum from the date of non-issuing of roll number till actual realization.

2.                 OPs No.1 & 2 appeared through counsel and filed their separate written statements.

3.                 OP No.1 has submitted that the complaint is not maintainable and that complainant has not come with clean hands. On merits, it is submitted that complainant was initially appeared for B.Tech 1^st Sem Exams scheduled to be held on Nov-Dec, 2014 by the OP No.2 under roll no.6008322 in subject of ECE 101F and during the course of examination, some unfair means documents were found in the examination while checking/flying team raided in the examination center and accordingly, a meeting to this effect was held on 21.04.2015 in the office of OP No.2 university in which a decision was taken regarding the unfair means case of complainant examination that ‘entire examination cancelled’.  Any deficiency in service or any irresponsible attitude on behalf of OP No.1 has been denied.  In the end, prayer made for dismissal of complaint with costs.

4.                 Later on, during the course of proceeding, OP No.1 did not produce any evidence despite availing sufficient opportunities and also did not appear before the Commission, so it was proceeded against exparte vide order dated 27.09.2022.

5.                 OP No.2 filed its reply mainly on the averments that this OP not received fee and examination form for 1^st semester qua the complainant, hence, there is no negligence or inaction on the part of Op university.  However, the negligence is either on the part of complainant or OP-college, if any, for not submitting examination fee or details for 1^st semester re-appear examination.  It is further stated that as per admission of complainant, he filled up the examination form for B.Tech re-appear examination through the OP No.1 but examination form for B.Tech. 1^st was not uploaded on the university panel by the OP college nor fee was deposited with the university.  However, the Op University had received examination forms in respect of the complainant only for B.Tech. 3^rd, 5^th and 7^th Semester alongwith FTR dated 30.10.2015 for which roll numbers were generated for the said semesters.  In the end, prayer for dismissal of complaint with costs has been made.

6.                 Complainant to prove his case has placed on record his affidavit Annexure C-A alongwith documents Annexure C-1 to Annexure C-3, Annexure C-4 (Ann. C-4/A to Ann.C-4/D) and Annexure C-5 and then closed the evidence.

7.                 On the other side, documents Annexure R-1 & R-2 tendered in the evidence of Op No.2 and closed their evidence on 09.07.2019.

8.                 We have heard learned counsel for the contesting parties and perused the record minutely. At the outset, it clear from the version of OP No.2 university that it has not received any fee and form of complainant qua his 1^st semester for re-appear and thus his roll number could not be generated by it. OP No.1 has failed to prove on record any document which could ascertain that it had sent fee and form of complainant to the OP no.2 university and further the entire examination was cancelled by the OP-University. OP No.1 has also not placed on file any proof of non-acceptance of the complainant’s examination form. Perusal of fee receipt (Annexure -2 ) issued by the OP No.1 college reveals that complainant had paid fee for his exams for 1^st, 3^rd and 5^th semester on 11.09.2015. When complainant not received his roll number for 1^st sem, he raised his grievance before the OP No.1 vide application Annexure C-1, its back side, is written ‘As per re-appear panel, re-appear form of the student of 1^st sem not filled by college.  Documents Annexure C-3 to Annexure C-5 are also with regard to the grievance of complainant qua his roll number for 1^st sem re-appear.  Despite best efforts by complainant, with the OPs, he not succeeded to get his roll number for the alleged exam. Further, the OP No.1 not refunded the fee to the complainant taken for such exam(s). On this score, the OP No.1 also negligent. 

9.                 In view of the above, we are of the view that OP No.1-college is negligent and deficient in providing proper services to the complainant for which he has to suffer a lot qua his education and career opportunity and complainant must have harassed mentally as well as physically, at the hands of OP No.1. Thus complainant is entitled to get compensated for the same by OP No.1.  Accordingly, the complaint is allowed and OP No.1 is directed to comply following directions within 40 days from the date of this order:-

(i)       To refund Rs.3150/- (Rs.Three thousand one hundred fifty) to the complainant alongwith simple interest @ 9% per annum from the date of institution of this complaint till its actual realization.

(ii)      To pay Rs.1,00,000/- (Rs.One lac) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.5500/- (Rs. Five thousand five hundred) on account of litigation expenses.

                    Further the award in question/directions issued above must be complied with by the OP No.1 within the stipulated period failing which all the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:23.10.2023.

                              (Shashi Kiran Panwar)              (Saroj Bala Bohra)       

                                                   Member                 Presiding Member

District Consumer

Disputes Redressal

Commission, Bhiwani.