Haryana

Bhiwani

CC/48/2023

Dr. Maman Chand Sharma - Complainant(s)

Versus

M.D University - Opp.Party(s)

In Person

24 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                            Complaint Case No. : 48 of 2023

                                                                            Date of Institution    : 03.03.2023

                                                                            Date of decision:      : 24.01.2024

 

Maman Chand @ Dr. Maman Chand Sharma son of Sh. Palla Ram R/o B-12, Giriraj Colony, Meham Road, Bhiwani-127021.

                                                ...Complainant. 

 

                                                            Versus.

1. M.D. University through the Vice-Chancellor, Rohtak-124001 (Haryana).

 

2. The Director, Department of Distance Education, M.D. University, Rohtak-124001.

                                                                        ...Opposite parties.

 

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019.

Before: -         Mrs. Saroj Bala Bohra, Presiding Member.

                        Ms. Shashi Kiran Panwar, Member.

Present:           Complainant in person.

                        Sh. Anil Sharma, Advocate for OPs.

 

                                                            ORDER

 

SMT. SAROJ BALA, PRESIDING MEMBER:

1.                     Brief facts of the case present complaint are that complainant sought admission to M.A. (Previous) in Public Administration for session 2019-2020 and filled in online application form in English language and deposited a sum of Rs.8900/- in Axis Bank Ltd., Bhiwani on 21.09.2019.   It is alleged that complainant could not mention the medium of examination, as there was no column in the application form. It is submitted that medium of instructions during the Ten-Day Contact Programme for Counselling was the English language which was medium of examination but the study material was supplied in Hindi language on 24.11.2019 whereas general rules for examination, admit cards and application forms were in
English language.  Complainant vide application dated 27.11.2019 requested OP No.2 to supply study material in English language but of no avail.  It is further stated that  complainant filled in online Application Form for M.A. (Final) in Public Administration on 28.11.2020 in English language and paid a sum of Rs.7900/- but again the OP No.2 sent study material in Hindi Language. It has alleged that OP No.2 supplied irrelevant study material for Financial Administration in India, Paper Code: PA2004 in Unit III relating to Planning Commission, its Role and Functions, whereas the OP must have supplied study material on Niti Aayog, its Role and Functions that came into existence on 01.01.2015 in place of Planning Commission. As per complainant, he requested OP No.1 vide letter dated 30.12.2022 to redress his grievances qua financial loss which replied vide letter dated 27.01.2023 admitting that there was no column for opting medium (English or Hindi) in the online application form for seeking admission in M.A. (Public  Administration for the year 2019-2020) and so on.  Complainant has submitted that OPs have extorted money and caused financial loss and mental tension to him by charging Rs.4000/- for the study material but not supplying it in English language for both sessions and also supplied irrelevant study material in Financial Administration in India. Thus complainant has paid Rs.4000/- for improper study material as well as for filling up online applications forms. Hence, the present complaint has been preferred by complainant alleging deficiency in service as well as unfair trade practice on the part of OPs causing him monetary loss besides mental and physical harassment. As such, he has prayed for issuance of directions against the OPs to refund a sum of Rs.4000/- with interest @ 24% p.a. till actual payment. Further, to pay compensation of Rs.50,000/- for deficiency in service and unfair trade practice, Rs.50,000/- towards mental and physical harassment and Rs.11,000/- as litigation expenses. Any other relief to which this Commission deems fit has also been sought.  

2.                     Upon notice, OPs appeared through counsel and filed reply to the complaint raising preliminary objections qua maintainability as neither the complainant is a ‘Consumer’ nor the university is ‘Service Provider’, territorial jurisdiction and that the complaint being time barred. On merits, it has submitted that complainant sought admission in 2019-2020 through online portal in M.A. (Public Administration) 1^st year (Previous) in Annual Mode after going through the information brochure.  As per clause 9 of Calendar Volume II Part B, the medium of instructions and examination shall be English/Hindi. However, if the complainant had any grievance about medium of examination, he would have approached the OPs or the Court at the relevant point of time but at this belated stage. It is admitted that the university organized Students Support Service Camps to resolve the doubts/problems of enrolled students. It is submitted that OPs provided study material to the complainant in accordance with the provisions of information brochure of DDE/CDOE for the respective academic session.  It has been submitted that the university provided the study material   of M.A. (Pubic Administration) Final Year of Course/paper Financial Administration in India, Paper Code PA 2004 strictly in accordance with the prescribed syllabi of the university. Further, the students are under obligation & had also to consult books prescribed/recommended at the end of the relevant syllabi to enlarge scope of learning. It is stated that the representation of complainant was duly examined and he was informed vide letter dated 27.01.2023 that there was no column for opting medium (English/Hindi) in the online Application Form seeking admission in M.A.(Public Admn.) 2019-2020 and so on and it had no relevance as he had attended the course, appeared in examination and had completed the same. Now complainant is misinterpreting the rules as per his own convenience. There was no violation of any rules/provisions of information brochure, 2019-2020 & 2020-2021. The university has charged Rs.2000/- + Rs.2000/- = Rs.4000/- fee on account of cost of study material as per information brochure for the aforementioned academic sessions. It has been added that as per clause 4 of the brochure, if university fails to provide the required study material, full cost of the study material shall be refunded. Therefore, the claim of Rs.4000/- by complainant alongwith interest is false and illegal. As such, the OPs have submitted no deficiency in service on their part and prayed for dismissal of complaint with special costs.

3.                     Complainant to prove his case has placed on record his affidavit Ex.CW1/A alongwith documents Annexure C-1 to Annexure C-7 and closed the evidence.

4.                     On the other side, affidavit of Mrs. Seema Khattar, Deputy Registrar (Centre for Distance and Online Education) on behalf of OP filed as Ex.RW1/A alongwith documents Ex. R-1 to Ex. R-4 and closed the evidence.

5.                     At the outset, it is admitted by OPs that complainant got admission in the university for the alleged course during academic sessions 2019-2020 & 2020-2021. The grievance of complainant is that he received study material in Hindi language for the said course which should have in English language which caused hardship him thereby he has suffered a lot of inconvenience while studying the syllabus/course and he had to incur more money to purchase the study material from outside than Rs.4000/- chargedby the university. Further, he has to suffer mental agony and physical pains due to deficiency in service on the part of OPs.

6.                     On the other side, learned counsel for the OPs has argued that the study material was supplied to the complainant as per information brochure and there was no violation of any rules/regulations by the university, framed for the alleged course.  As such, learned counsel for OPs has vehemently argued that the present complaint has been preferred just to harass, humiliate and extract money from OPs and the complaint may be dismissed with exemplary costs.

7.                     In order to raise the issue of language of the study material, complainant has moved application dated 27.11.2019 (Annexure C-3) to the concerned department of the university. In this regard, complainant has also moved a representation dated 30.12.2022 (Annexure C-6) followed by representation dated 27.01.2023 (Annexure C-7).  We have also gone through the information brochure (Ex.R-1). After going through above referred documents, we have observed that the complainant was having some hardship while studying in Hindi language, therefore, he had made several representation to the OPs but the Ops did not take any sincere efforts in this regard rather ignored the request of the complainant.  Here it may easily be presumed that  one who is studying at Masters level will not raise any such issues without causing any problem to him.  On the contrary, the university had option with them to ask the complainant to deposit the study material and to get refund of the amount so charged for it but they did not opt for the same, resultantly, complainant had to purchase books from outside to get complete the course.  As such, we see deficiency in service on the part of OPs which caused monetary loss as well as mental and physical harassment to the complainant. Hence, the complaint is allowed and OPs, jointly and severally, are directed to comply following directions within 40 days from the date of this order:-

(i)        To refund Rs.4000/- (Rs. Four thousand) 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.10,000/- (Rs.Ten thousand) as compensation for harassment

(iii)      And to pay Rs.5500/- (Rs.five thousand five hundred) towards costs of litigation.

                        Further the award in question/directions issued above must be complied with by the OPs within the stipulated period failing which all the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default.  If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified 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:24.01.2024.

                                    (Shashi Kiran Panwar)                    (Saroj Bala Bohra)            

                                                       Member               Presiding Member

District Consumer

Disputes Redressal

Commission, Bhiwani.