Punjab

Ludhiana

CC/20/336

Manohar Lal - Complainant(s)

Versus

Karnataka State Open University - Opp.Party(s)

Manohar Lal Adv.

02 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:336 dated 09.12.2020.                                                         Date of decision: 02.06.2023.

 

Manohar Lal son of Shri Jwala Ram, resident of 44, Ram Dass Nagar, Street No.1, Partap Singh Wala, Hambran Road, Ludhiana (Punjab).                                                                                                           ..…Complainant

                                                Versus

Karnataka State Open University, University of Mysore Campus, Mysuru, Mukhtagangotri, Karnataka-570006 through its Registrar.                                                                                                                …..Opposite party 

Complaint Under section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Sharwan Sehgal, Advocate.

For OP                           :         None.

 

ORDER

PER JASWINDER SINGH, MEMBER

1.                Briefly stated, the facts of the case are that the complainant being Diploma Holder joined B. Tech in Civil Engineering from 3^rd Semester and his examinations for third semester were held in August 2011 with registration No.111/107/L/BTCE0576. The complainant stated that he had cleared the third semester and thereafter, he appeared in all the examinations of B. Tech and completed his degree by appearing in last/8^th semester in February 2014. The complainant cleared al the semesters and was entitled to the degree certificate of B. Tech for which he submitted an application dated 19.12.2018 by paying requisite fee but he had not been given the degree certificate till date. The complainant further stated that he approached the opposite party several times but the opposite party has committed deficiency in service by not giving the degree certificate. The complainant also served a legal notice dated 13.10.2020 to the opposite party but no reply was received. Hence this complaint whereby the complainant has sought directions the opposite party to provide him the degree certificate and also to pay Rs.1,00,000/- as compensation.

2.                Upon notice, the opposite party sent written statement through post receipt on 11.02.2021, in which the opposite parties admitted the facts regarding appearance of complainant for B. Tech (Civil)  Examination through one of the Collaborative Institutions under Karnataka State Open University with registration No.111/107/L/BTCE0576 and passing the Eighth semester examination during February 2014 and admission of the complainant in third semester B. Tech Course being diploma holder. The opposite party stated that the University Grants Commission, New Delhi has issued a show cause notice to on 10.06.2011 on the basis of which the University, issued a public notice dated 16.06.2015 informing that the programs offered by Karnataka State Open University through distance mode beyond its territorial jurisdiction has not been recognized by the UGS beyond 2012-13 and cautioned the public. The opposite parties issued a public notice on 11.12.2015 informing the public that the university has discontinued al Academic Programs including Technical, Paramedical and Bridge Programs with its Collaborative Institutions and their Study Centers, both within and outside Karnataka. The opposite party also admitted the factum of apply for degree certificate by the complainant in the prescribed form along with the prescribed fee of Rs.1200/- by a demand draft on 19.12.2018 which was returned to the complainant by speed post. According to the opposite party, the University is unable to issue degree certificate to the complainant. In the end, the opposite party prayed for dismissal of the complaint. 

3.                In support of his claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents i.e. Ex. C1 is the copy of legal notice dated 13.10.2020, Ex. C2 and Ex. C3 are the copies of postal receipt, Ex. C4 is the copy of application for supply of B. Tech degree, Ex. C5 is the copy of DMC of B. Tech. IIIrd semester, Ex. C6 is the copy of DMC of B. Tech IVth semester, Ex. C7 is the copy of DMC of B. Tech Vth semester, Ex. C8 is the copy of DMC of B. Tech VIth Semester, Ex. C9 is the copy of DMC B. Tech VIIth Semester, Ex. C10 is the copy of DMC B. Tech VIIIth Semester, Ex. C11 is the copy of demand draft, Ex. C12 is the copy of order dated 11.03.2019 of the Hon’ble Supreme Court, Ex. C13 is the copy of order dated 18.09.2020 of the Hon’ble Supreme Court, Ex. C14 is the copy of letter dated 08.04.2008 issued by IGNOU (DEC), Ex. C15 is the copy of AICTE Circular dated 25.11.2020, Ex. C16 is the copy of order dated 27.06.2016 of Karnataka State High Court, Ex. C17 is the copy of order dated 01.08.2016 of Karnataka State High Court, Ex. C18 is the notification dated 10.06.2015 issued by Government of India, Ministry of Human Resources Development and closed the evidence.

4.                The opposite party sent reply through post on 03.02.2021 which was received on 10.02.2021 and attached following documents with the reply:-

1. Annexure-R1 is the Public notice dated 16.06.2015 issued by University Grant Commission

2. Annexure-R2 is the Public notice dated 11.12.2015 issued by Karnataka State Open University

3. Annexure-R3 is the reply dated 30.07.2020 to the letter of the complainant

4. Annexure-R4 is the copy of judgment of the Hon’ble National Consumer Disputes Redressal Commission, New Delhi.

Thereafter, none turned up for the opposite party till date nor adduced any evidence.   

5.                We have heard the arguments of the counsel for the complainant also gone through the complaint, affidavit and annexed documents and written reply produced on record by both the parties.

6.                The factum of the complainant having been admitted in B. Tech (Civil) from 3^rd semester is not denied by the opposite party. It has also been admitted by the opposite party that passed the eighth semester examination in February 2014. Ex. C5 to Ex. C10 are the copies of Detail Marks Card (DMC) of each semester.  The reason for not issuing the degree certificate was that the UGC issued a show cause notice to the University on 16.06.2015 (Annexure-R1) and in consequent of which, University issued a public notice dated 11.12.2015 informing that the programs offered by Karnataka State Open University through distance mode beyond its territorial jurisdiction has not been recognized by the UGC beyond 2012-13. Therefore, Karnataka State Open University issued a public notice on 11.12.2015 informing the public that the University has discontinued al Academic programs including Technical, Paramedical and Bridge Programs with its Collaborative Institutes and their study centers, both without and outside Karnataka. It is quite strange rather shocking that it took four years for UGC to conclude that distance program offered by the opposite party beyond its territorial jurisdiction stands discontinued since 2012-13. The opposite party further took six months to make it public and it appears that the opposite party continued to enroll the students during the aforesaid interregnum period. Such public notice(s) issued by UGC or the opposite party cannot be implemented retrospectively and Rule of Estopple Bar Such Indulgence.

7.                It is the definite case of the complainant that after every semester the complainant was issued DMC by the opposite party and further that the opposite party did not supply the degree certificate to the complainant. The opposite party was under legal obligation to ensure that the courses being offered by them to the students were under proper and legal affiliation of a university which also fulfilled the rules, regulations and other norms of University Grant Commission. Thus, the opposite party has miserably failed in its duty towards the helpless students with the result that the valuable time and money of the complainant stands wasted in the process. Simultaneously, the complainant has also lost the chances to pursue his study elsewhere in a proper and legal educational institution. This clearly amounts deficiency of service on the part of the opposite party who admittedly obtained requisite fee from the complainant. In the given set of facts and circumstances, it would be just and appropriate if the opposite party is directed to provide the degree certificate to the complainant along with composite compensation of Rs.10,000/-.

8.                As a result of above discussion, the complaint is allowed with a direction to the opposite party to provide the degree certificate at no costs to the complainant within 30 days from the date of receipt of copy of order. The opposite party shall further pay a composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 30 days from the date of receipt of copy of order.  Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

9.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                     (Sanjeev Batra)

Member                         Member                                       President         

 

Announced in Open Commission.

Dated:02.06.2023.

Gobind Ram.

 

 

Manohar Lal Vs Karnatka State Open University                      CC/20/336

Present:       Sh. Sharwan Sehgal, Advocate for the complainant.

                   None for the OPs.

 

                   None turned up for the OPs today also. None has been appearing on behalf of OPs since 01.04.2021.

                   Arguments on behalf of counsel for the complainant heard. Vide separate detailed order of today, the complaint is allowed with a direction to the opposite party to provide the degree certificate at no costs to the complainant within 30 days from the date of receipt of copy of order. The opposite party shall further pay a composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 30 days from the date of receipt of copy of order.  Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

 

(Monika Bhagat)          (Jaswinder Singh)             (Sanjeev Batra)

Member                         Member                              President        

 

Announced in Open Commission.

Dated:02.06.2023.

Gobind Ram.