FA.No.701/2008 against CC.No.1052007, District Consumer Forum, Kadapa.

Between:

P.Vasantha Kumar Reddy,                                                                                                       

S/o. Nagi Reddy, Aged 24 years,

Occ: Student,

R/at D.No.1/1372,

Yerramukkapalli, Kadapa.

…Appellant/Complainant.

And

1.Sri K.Venugopal, Principal,

   Nirmala College of Pharmacy,                                                                                              

   D.No.3/166-A, Putlampalli Village,

   Buddayapalli Post, Kadapa.

2.Secretary, State Board of Technical Education

   and Training, A.P. Hyderabad.

3.The Sub Post Master, Maruthi Nagar,

   District Court, Kadapa.

…Respondents/Opp.Parties.

For the Appellant                            : Party-in-person appeared.

For the Respondents                      : Mr.K.Venkatesh (for R.1)

                                                          Representative of R.2 present.

                                                          Mr.V.Vinod Kumar (for R.3)

QUORUM:  THE HON’BLE MR.JUSTICE D.APPA RAO, PRESIDENT,

SMT.M.SHREESHA, MEMBER,

AND

SRI K.SATYANAND, MEMBER.

THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST,

TWO THOUSAND NINE.

Oral order (Per Smt.M.Shreesha, Member)

1.         Aggrieved by the order in CC.No.105/2007 dated 29.02.2008, on the file of District Consumer Forum, Kadapa,  the complainant preferred this appeal.

2.         The brief facts as set out in the complaint are that the complainant has joined in D.Pharmacy course of O.P.1 college. He attended the practicals and annual examinations conducted by O.P.1 college. He handed over the practical record books to the college authorities, and after the practical examinations the college staff demanded Rs.200/- to return the practical record books. When he asked the clerk to give in writing for the above said payment of Rs.200/-, they refused the same. When the complainant requested the office to issue hall-ticket for the annual examinations, they refused to give the hall ticket on the ground of non payment of Rs.200/-. When he approached the principal, he asked the complainant to come after two days and after his return from Bangalore. Accordingly, the complainant met the clerk of the college and requested to issue hall ticket. But he refused stating that the principal is not in town to issue the hall ticket. However, they finally issued the hall ticket. On the next day he attended all annual examinations. After receiving the results he noticed that he failed in the annual examinations.  After supplementary examinations, O.P.1 gave memorandum of mark list. There is no seal and signatures of O.P.1. When questioned about the certificate, O.P.1 warned him and shouted at him.  On 19.07.2006 when he went to the principal stating that he wants to discontinue the course in the said college and requested return of his original certificates, no reply was given by O.P.1. He further alleged that O.P.1  threatened him over phone that if his father would not come to the college they will inform the same to the police. On that day as his father was not in town he could not attend the college and thereafter he received a registered letter from O.P.1.  The complainant further requested that the entire original certificates i.e. SSC Mark List, Original Intermediate Mark List, T.C. and Study Certificates from 6^th class to Intermediate be returned to him.  The complainant paid Rs.1,000/- towards advance fee for practical examinations. O.P.1 sent reply notice on 04.04.2007 stating that the original certificates would be returned only after completion of course. The complainant issued registered letter to the Secretary, State Board of Technical Education and Training, Hyderabad, requesting them to return his original certificates from O.P.1. The said letter was sent through Marutinagar Post Office,  but till today he has not received the postal acknowledgement and no reply from the Secretary. On 01.08.2007 he gave a complaint in Marutinagar post office stating that he has not received the postal acknowledgement and no reply from the Postal authorities and there is gross negligence and deficiency of service on the part of all the respondents. Hence, this complaint.

3.         O.P.1 filed counter denying all the allegations made by the complainant. He further denied the allegation that the staff of the college asked him to pay Rs.200/- for attending practical examination.  O.P.1 stated that he never demanded for any payment of Rs.200/-. The complainant was most irregular and irresponsible towards his studies and the said fact would be revealed by seeing his marks secured in 10^th class. Lot of complaints were given by the Lecturers on several occasions. He received his failed mark list. In fact the marks list would be sent by State Board of Technical Education and Training, Hyderabad. He further stated that the complainant never met him and requested to return the certificates.  He is in no way concerned with the awarding of marks in practicals. They will award the marks to the students according to his performance. The main theory examinations were conducted by O.P.2 in Govt. Polytechnic for women, Kadapa.  The complainant was most irregular and irresponsible in studies and he was absent for several internal examinations and practicals and his performance was very poor and the same fact is revealed by perusing his records. With regard to return of certificates the same shall be returned only after completion of course or discontinuation of the same as per rules of O.P.2 and the same was informed to the complainant in reply notice dt:04.04.2007. After receiving the said reply the complainant created a letter dt:19.07.2006 for purpose of false claim showing that he requested O.P.1 for return of certificates and advance fee etc., Rs.1,000/- paid by the complainant towards caution deposit for practical examinations. The caution deposit and original certificates will be returned to the complainant as per instructions of management. They will return the certificates to the complainant as per the instructions of the Correspondent. There is no negligence or deficiency of service on their part.

4.         O.P.2 sent a letter to the Hon’ble Forum stating that P.Vasanth Kumar Reddy of Nirmala College of Pharmacy, Buddayapalle, Kadapa has filed a case in the District Forum, Kadapa. He has made the Principal, Nirmala College of Pharmacy, Buddayapalle, Kadapa, Secretary, SBTET, Hyderabad and Sub-Post Master, Marutinagar, District Court, Kadapa as first, second and third opposite parties and directed to appear before the Hon’ble Forum. Further they stated that P.Vasanth Kumar Reddy, took admission in D.Pharmacy during the academic year 2005-2006 at Nirmala College of Pharmacy, Buddayapalle, Kadapa, while taking admission he has submitted the following certificates in the college. In this connection issuing of mark lists / certificates to the candidate is in the purview of the institution only,

5.         O.P.3 filed counter stating that the transaction took place between  O.P.1 and O.P. 2 and he is no way concerned to the present complaint. It is true that the registered letter with acknowledgement due was booked at Marutinagar sub post office, Kadapa on 04.07.2007 bearing No.4404 to the Secretary, SBTET, Hyderabad, and the same was delivered to the addressee on 06.07.2007. As the acknowledgement was not received by the complainant he made a complaint on 01.09.2007 at Marutinagar sub-post office and was received at this office of Superintendent, Post Office, Kadapa on 06.08.2007 and it was booked in the website. The complainant was informed on 29.08.2007 that the registered letter was delivered on 06.07.2007. There was no negligence or deficiency of service on their part. 

6.         The District Forum based on the pleadings put forward by both sides and the documentary evidence i.e. Exs.A1 to A16 and B.1 to B.7 allowed the complaint in part directing opposite party No.1 to return the original certificates of the complainant after receiving no due certificate and requisition as required by the O.P.No.1.  The claim against O.P.2 and O.P.3 is dismissed without costs and compensation.

7.         Aggrieved by the said order, the complainant preferred this appeal.

8.         Heard the appellant in person and the learned counsel for R.3 and the representatives of R.1 and R.2.

9.         The appellant submitted that he was made to run from pillar to post for obtaining “No Due Certificate” by R.1, and he has also attended the Commission at Hyderabad about six times for filing and pursuing the appeal. 

10.       The representative of R.1 college submitted that the certificates were returned pursuant to the orders of this Commission, however the appellant has never come forward to collect the cheque which was made ready by them.   We observe from the record that no steps were taken by R.1 college either to return the certificates immediately or to send the cheque by mail or issue notice to the complainant to come and collect the same.  Keeping in view the fact that the appellant was made to run from pillar to post and also to incur expenditure due to his frequent visits, we are of the considered view that an amount of Rs.3,000/- is to be paid towards costs and compensation to the complainant by 31.08.2009 and R.1 is also directed to hand over the cheque on the same day to the complainant.

11.       In the result, the order of the District Forum is modified to the extent indicated above and the appeal is allowed in part.  Appeal against R.2 and R.3 is dismissed.  No costs.

                                                                                                                   PRESIDENT      

MEMBER    

MEMBER

Dt:27.08.2009.

Vvr.