IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 10th day of April, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C. No. 237/2011 (Filed on 12.12.2011)
Between:
1. Sharee. G. Pillai, aged 57-
Years, W/o N.G. Gopalakrishna Pillai,
Aswathy Vihar, V-Kottayam P.O.,
V-Kottayam Village,
Kozhencherry Taluk.
2. Aswathy. G. Pillai, aged
32 years, D/o Sharee. G. Pillai,
of –do-- --do—
(By Adv. R. Gopikrishnan) … Complainants
And:
1. Joshi Joshua,
Manager,
Ebenezer English Medium-
U.P. School, Vettoor Road,
Payyanamon P.O.,
Pin – 689 692,
Pathanamthitta Dist.
(By Adv. Sam Koshy)
2. Vinayaka Mission’s Research-
Foundation Deemed University,
Sankari Main Road,
Ariyanoor, Salem – 636 308,
Tamil Nadu.
3. Archana Vinodkumar,
C/o Vinodkumar Prabhakaran,
Al-Shirawi Contracting Company,
Post Box No. 282711,
Dubai. … Opposite parties.
ORDER
Sri. Jacob Stephen (President):
The complainants have filed this complaint against the opposite parties for getting a relief from the Forum.
2. The brief facts of this complaint are as follows: The first complainant is the mother of the second complainant and the third opposite party and she is impleaded as third opposite party as she is out of station. The second opposite party is a Deemed University having various courses including M.Phil and the first opposite party is the Distance Education Centre of the second opposite party at Pathanamthitta. On the basis of the publication made by the first opposite party regarding the details of the courses offered by the second opposite party, the complainants daughters, the second complainant and the third opposite party joined in the M.Phil course of the second opposite party through the first opposite party. The register number of the second complainant is A541000002 and the register number of the third opposite party is A542400002 and they enrolled in the course in the year 2005. The first complainant paid ` 7,300 and ` 10,300 as the course fees to the first opposite party respectively for the second complainant and the third opposite party on 28.09.2005. Thereafter in due course, the first opposite party informed the complainants that they were passed the M.Phil course and demanded an amount of ` 3,700 for obtaining the mark list and provisional certificates of the parties from the University which was also paid by the first complainant. Subsequently, the first opposite party issued the mark list and the provisional certificates of the second complainant and assured that the original M.Phil certificate will be issued at the earliest. At the same time, none of the certificates were not issued to the third opposite party. Thereafter, the first complainant contacted the first opposite party directly and through mediators several time for getting the certificates. But they have not returned the certificates so far which caused mental agony and other hardships to the complainants. The above said acts of the opposite parties is a clear deficiency in service and the opposite parties are liable for the same to the complainants. Hence this complaint for directing the opposite parties to return the certificates of the parties or in the alternative directing the opposite parties to give ` 5 lakhs as compensation under various heads along with cost of proceedings.
3. In this case, opposite parties are exparte.
4. On the basis of the averments in the complaint, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the proof affidavit filed by the authorized representative of the first complainant and Exts. A1 to A10. After closure of evidence, the complainant was heard.
6. The Point: The first complainant’s allegation is that her daughters joined in the M.Phil course conducted by the second opposite party through the distance education centre, of the first opposite party at Pathanamthitta by paying the required fees and other charges in the year 2005. The first complainant’s daughters completed the course and passed the M.Phil course. Thereafter, the first complainant paid the required amount for getting the certificates entrusted to the opposite parties as well as the M.Phil degree certificates etc., as per the direction of the first opposite party. Accordingly, the first opposite party returned the mark list and provisional certificates of the second complainant only and assured to return the other certificates at the earliest. Thereafter, the other certificates were not returned by the opposite parties so far in spite of the request of the complainants. The non-return of the certificates is a clear deficiency of service which caused mental agony and other hardships to the complainants and the third opposite party.
7. In order to prove the case of the complainants, the authorized agent of the first complainant filed a proof affidavit in lieu of his chief examination along with 10 documents. On the basis of the proof affidavit, the documents produced were marked as Exts. A1 to A10. Ext. A1 is the authorization dated 22.03.2012 executed by the first complainant in favour of Harikrishnan. G. Ext. A2 is the copy of the notice published by the first opposite party for the courses offered by the second opposite party. Ext. A3 is the copy of the receipt dated 28.09.2005 for ` 7,300 issued by the first opposite party in the name of the second complainant. Ext. A4 is the copy of the receipt dated 28.09.2005 for ` 10,300 issued by the first opposite party in the name of the third opposite party. Ext. A5 is the copy of the receipt for ` 850 issued by the first opposite party. Ext. A6 is the copy of the receipt dated 27.08.2006 for ` 2,000 issued by the first opposite party. Ext. A7 is the copy of the receipt dated 26.04.2006 for ` 850 issued by the first opposite party for exam fee of M.Phil course of the second complainant. Ext. A8 is the copy of the identity card issued by the second opposite party in the name of the third opposite party. Ext. A9 is the copy of the mark list (M.Phil Commerce) issued by the second opposite party in the name of second complainant. A10 is the copy of letter dated 17.11.2006 issued by the second opposite party in the name of the second complainant.
8. On the basis of the available materials on record, it is found that the second complainant and the third opposite party completed and passed the M.Phil course of the opposite parties and the required fees were also given by the first complainant as per the direction of the first opposite party and the required certificates were not returned to the parties in spite of their requests. Since opposite parties are exparte, the complainants’ case stands proved as unchallenged. The non-return of the certificates is a clear deficiency in service from the part of the first and second opposite parties. Hence this complaint is allowable against the first and second opposite parties.
9. In the result, this complaint is allowed, thereby the opposite parties 1 and 2 are directed to return the original M.Phil degree certificate of the second complainant and the mark list, provisional certificate and original M.Phil degree certificate of the third opposite party along with ` 25,000 (Rupees Twenty five thousand only) as compensation and ` 2,500 (Rupees Two thousand five hundred only) as cost to the first complainant within 15 days from the date of receipt of this order, failing which the first complainant is allowed to realize ` 2,00,000 (Rupees Two lakhs only) along with 10% interest per annum from today till the realization of the whole amount from the first and second opposite parties jointly and severally.
Dictated to the Confidential Assistant, transcribed and typed by him, corrected by me and pronounced in the Open Forum on this the 10th day of April, 2012.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainants: Nil.
Exhibits marked on the side of the complainants:
A1 : Authorization dated 22.03.2012 executed by the first complainant
in favour of Harikrishnan. G.
A2 : Copy of the notice published by the first opposite party.
A3 : Copy of the receipt dated 28.09.2005 for Rs. 7,300 issued by the
first opposite party in the name of the second complainant.
A4 : Copy of the receipt dated 28.09.2005 for Rs. 10,300 issued by the
first opposite party in the name of the third opposite party.
A5 : Copy of the receipt for Rs. 850 issued by the first opposite party. A6 : Copy of the receipt dated 27.08.2006 for Rs. 2,000 issued by the
first opposite party.
A7 : Copy of the receipt dated 26.04.2006 for Rs. 850 issued by the first
opposite party for exam fee of M.Phil course of the second
complainant.
A8 : Copy of the identity card issued by the second opposite party in
the name of the third opposite party.
A9 : Copy of mark list (M.Phil Commerce) issued by the second
opposite party in the name of second complainant.
A10 : Copy of letter dated 17.11.2006 issued by the second opposite
party in the name of the second complainant.
Witness examined on the side of the opposite parties : Nil.
Exhibits marked on the side of the opposite parties : Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Sharee. G. Pillai, Aswathy Vihar, V-Kottayam P.O., V-Kottayam Village,
Kozhencherry Taluk.
(2) Joshi Joshua, Manager, Ebenezer English Medium U.P. School, Vettoor Road, Payyanamon P.O., Pin – 689 692, Pathanamthitta Dist.
(3) Vinayaka Mission’s Research Foundation Deemed University,
Sankari Main Road, Ariyanoor, Salem – 636 308, Tamil Nadu.
(4) Archana Vinodkumar, C/o Vinodkumar Prabhakaran,
Al-Shirawi Contracting Company, Post Box No. 282711, Dubai.
(5) The Stock File.
