D.O.F:08/03/2023     

                                                                                                          D.O.O:11/09/2024

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION KASARAGOD

                                 CC.73/2023

Dated this, the 11^th   day of September 2024

PRESENT:

SRI.KRISHNAN.K                                         : PRESIDENT

SMT. BEENA. K.G                                      : MEMBER

Abdul Muneer. A.P

Baithul Rahima

J.M Road,

Kottikulam, P.O Bekkal                                              : Complainant

Kasaragod.

                                                            And

1. Managing Director,

All India Distance Educations,

Near Padmam Theater,

Down Hill, Malappuram.

2. All India Distance Educations,

Gran Max Building, T. B Road junction,

Opposite BSNL Exchange, Kanhangad                       : Opposite Party

(Adv: Soumya.K.S)

ORDER

SRI. KRISHNAN.K : PRESIDENT

               The complaint filed by complainant for an order directing Opposite parties to pay Rs. 50,000/- for mental agony and Rs. 1,00,000/- as compensation for deficiency in service and cost of the litigation.

          The case of the complainant is that opposite parties published advertisement claiming that they were      the approved online study centers from there the students can obtain degrees within 6 months.  The complainant conducted office of Opposite party and confirmed the offer that applicant will obtain degree from Madhura Kamraj University.  Believing the words as true complainant joined the study centre by paying the fees to Opposite Party No:2.  The complainant paid Rs. 10,270/- on 03/07/2018 and Rs. 15,000/- on 24/09/2018 and on 02/01/2019 Rs. 14,000/- in Opposite party No:2 office.

          Besides complainant deposited Rs. 25,500/- and Rs. 22,000/- to the account of Opposite Parties Federal Bank account at Malappuram.  Examination held and three year and 5 months over.  But till date certificate of degree is not issued.  The complainant lost job since he could not the degree certificate where he working and also could not apply for jobs in other companies.  The act of the Opposite parties is deficiency in service by which complainant, under gone untold agony and financial loss for which complainant claiming compensation.

          Notice of Opposite parties served name called absent set exparte.  The Opposite Party No:2 filed IA 243/2023 to set aside exparte order rejected for the reason barred by limitations.

          Complainant filed chief affidavit and Ext A1 to A4 documents marked from their side.  Ext A1 to A4 were the receipt for the payments.

          Following points arised for consideration in the case:

1. Whether Opposite party failed to provide the online degree education, and to issue degree certificate of BBA after accepting necessary fees?
2. Whether Opposite party is legally to refund the fee collected from complainant?
3. Whether there is any deficiency in service from opposite party?
4. Whether complainant is entitled for compensation? If so for what reliefs?

All the points taken together for discussion for convenience:-

          Here is a case where the complainant is a student invested to complete a course of BBA studying in online and joined the course and paid the necessary fees, hoping to get the certificate in BBA course.  The opposite assured that they will provide the degree certificate in time after collecting its full fees and Opposite Parties failed to provide the certificate.  So it is clearly a deficiency in service from opposite parties.  The opposite parties not turned up to provide evidence why they failed to comply the promise.  No records are available to show the bonafied efferts if any by Opposite Party in the matter of online study course for completion of the course of study or conduct of examination for issue of certificate.

          The complainant says that he lost the present jobs and could not apply or join any other establishment even completing the degree of BBA course.

          Thus complainant is entitled for compensation and refund of amount remitted to opposite party refund Rs. 10,270/- , Rs. 15,000/- and Rs. 14,000/- evidenced by Ext A2 to A4 and with interest and also an amount of Rs. 22,000/- and Rs. 25,000/- deposited in the Federal bank account of Opposite party, it total cover Rs. 86,770/- (Rupees Eighty six thousand seven hundred and seventy only).

          No evidence available how many classes conducted, how much expenses incurred by Opposite parties and what steps taken by do justice to the complainant for continued study after collecting more than Rupees  Eighty Six Thousand seven hundred and seventy only, the complainant waited for years expecting degree course certificate.

          Having considered all the aspects in the case complainant is entitled for the deposited amount with interest and also eligible for compensation for mental tension and agony and also the cost of litigation.

          In the result complaint is allowed in part directing Opposite party No:1 and 2 jointly and severally to pay Rs. 86,770/- (Rupees Eighty Six Thousand seven hundred and seventy only) with interest at 8% per annum from date of complaint till payment and Rs. 20,000/- (Rupees Twenty Thousand only) compensation for deficiency in service and Rs. 3000/- (Rupees Three thousand only) as cost of litigation to the complainant within 30 days of the receipt of the order.

    Sd/-                                                                                                            Sd/-

MEMBER                                                                                      PRESIDENT

Exhibits

A1- copy of Receipts

A2 & A4- Receipts

    Sd/-                                                                                                        Sd/-

MEMBER                                                                                            PRESIDENT

Forwarded by Order

Ps/                                                                 Assistant Registrar