D.O.F : 08/03/2023
D.O.O : 11/09/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.72/2023
Dated this, the 11th day of September 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Muhammed Haneeef T P
S/o Kunhabdulla T P
J P House
Kottikkulam, Bekal
Pallikkara II, Kasaragod. : Complainant
And
- The Managing Director
All India Distance Educations
Near Padmam Theatre
Down Hill, Malappuram.
- All India Distance Educations
Grand Max Building
T B Road Junction
Opposite BSNL Exchange
(Adv: Soumya K S, for OP 1 & 2) : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The case of the complainant is that, he saw an advertisement of opposite party. The complainant was in search of distance education project of Madura Kamaraj University for degree. As per the advertisement, they offers a degree within 6 months through online education. After collecting the entire details of the institution of AIDE the complainant got admission and paid fees as per opposite party’s direction to a total amount of Rs. 39,270/- from 03/07/2018 to 04/01/2019 in 3 instalments. During exam time the opposite parties further directed the complainant to transfer Rs. 25,500/- on 22/01/2019 and Rs. 22,000/- on 25/01/2019 to the account of one Arun K Das. As per the information from the office of opposite party, the complainant waited for the result. Even after 3 and half years of exam, the opposite parties are unable to give a proper answer to the queries of the complainant and not availed the degree certificate. As the offer of the opposite parties are that, they will provide degree certificate within 6 months, the complainant had entered into a new job in Gulf under a condition that the degree certificate will submit within 6 months. Due to the illegal deceitful approach of opposite party, the complainant could not submit the degree certificate to his office as promised earlier and thus he was terminated from his job and salary is not given to him. Without the degree certificate it is unable to find out a job and thus the complainant is undergoing severe mental agony and hardships. The complainant is seeking a compensation of Rs. 50,000/- along with Rs. 1,00,000/- as damages with cost of litigation of Rs. 10,000/- from opposite party.
Notice of opposite party No. 1 & 2 served. Name called absent, set exparte. The opposite party filed IA 162/2023 to condone delay and received version dismissed.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext. A1 to A4. Both sides heard and documents perused. The main questions raised for consideration are;
- Whether there is any unfair trade practice/deficiency of service on the part of opposite party in not providing the degree certificate to the complainant?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
For convenience, issues 1 to 3 can be discussed together. The complainant was in search of degree course through online while he saw the advertisement of Madura Kamaraj University advertisement through social media. And thus contacted the office of opposite parties and they offered degree certificate within 6 months through online. And thus the complainant acquired admission for B com course in opposite party’s institution. The complainant had paid fees as per the direction of opposite party on 03/07/2018 Rs. 10,270/-, on 24/09/2018 Rs. 15,000/- and on 04/01/2019 Rs. 14,000/-. Moreover on the date of exam, as per the direction from the office of opposite party, the complainant was constrained to pay an amount of Rs. 25,500/- on 22/01/2019 and Rs. 22,000/- on 25/01/2019 to the account of one Arun K Das through his account No. 11020100218903 of Federal Bank, Malappuram Branch. Even though the complainant approached the opposite party for the degree certificate, they have not given a proper answer to his enquiries. In the meanwhile the complainant joined in a job with a promise to submit the degree certificate within 6 months. But due to the deficiency in service on the part of opposite parties, the complainant failed to submit the degree certificate as promised earlier and thus he was terminated from his job and not availed the salary also. Due to the deficiency in service and unfair trade practice on the part of opposite parties, the complainant had undergone huge monitory loss, severe mental agony and hardships.
The complainant is seeking a compensation of Rs. 50,000/- for mental agony and Rs. 1,00,000/- for damages with cost of Rs. 10,000/-. The complainant is entitled to get refund of the entire course fee he had paid to the office of opposite party. The relief claimed by the complainant is reasonable.
Therefore the complaint is allowed, directing opposite party to refund the entire course fee of Rs. 39,270/- (Rupees Thirty Nine thousand Two hundred and Seventy only) with 9% interest from the date of complaint till realization with a compensation of Rs. 50,000/- (Rupees Fifty thousand only) along with Rs. 5,000/-(Rupees Five thousand only) as cost of litigation to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Transaction receipt
A2 – Receipt
A3 – Receipt
A4 – Receipt
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
