BEFORE THE DISTRICT CONSUMER FORUM : WARANGAL
Present: Sri D.Chiranjeevi Babu
President.
Sri N.J.Mohan Rao,
Member.
AND
Smt. V.J. Praveena,
Member.
Friday the 30th May, 2008.
CONSUMER DISPUTE NO. 31/2006
Between:
Varayogi Suresh Kumar,
S/o.V.Venkata Swamy,
Age: 24 yrs., Occu.:P.G.Student,
M/Sc. (I.T), H.No.2-7-489
Excise Colony, Subedari,
Hanamkonda,
Warangal Town.
… Complainant
AND
D.Harinath,
S/o.Not known to the complainant,
The Director,
M/s.Vidyarthi Computers College,
I.A.S.E.(Deemed University)
at Study Centre,
H.No.8-11-163,
Panjab National Bank Lane
Warangal Chowrastha,
Warangal – 506 002.
… Opposite Party
Counsel for the Complainant : Sri. P.Prabhaker Reddy, Advocate
Counsel for the Opposite Party : Sri. C.Vidyasagar Reddy, Advocate
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
:: ORDER ::
Sri D.Chiranjeevi Babu President
This is a complaint filed by the complainant i.e., Varayogi Suresh Kumar against the Opposite party under section 12 of Consumer Protection Act, 1986 for a direction to (01) Original memo of marks for 3rd and 4th semesters, original provisional certificate and relevant certificates for M.Sc.(I.T) P.G. Courses. (02)To obtain the recognition orders or prior permission of the University Grants Commission, New Delhi by authorizing the Demand University, Rajasthan is a recognized one and for its colleges are recognized as per the pamphlet issued to the complainant at the time of admission and to file the same for reference. (03)In case there is no recognition fee paid Rs.13,500/- is to be refunded with interest @ 24% per annum. (04)To take back the computer system by paying the cost of it for Rs.16,980/- as per R.No.790 dt.:12-01-2005 as it purchased at the advise of the opposite party with interest @ 24% per annum, as it is unusual without certificate. (05)To pay the compensation amount of Rs.50,000/- for having mental agony and stress and physical humiliation, waste of time 2 years for education, waste of energy etc., (06) To pay the legal notice charges as per the certificates issued by the Late Advocate, R/o.Warangal Town. (07) To pay the costs of the litigation Rs.1,500/-.
The brief averments contained in the complaint filed by the complainant are as follows:
01. The complainant case is that, the complainant joined in opposite party college in the P.G.Course M.Sc. (I.T) during the year 2003-2004 and total paid the fee, the opposite party conducted the examination the complainant appeared and passed, but the opposite party is not issued relieve certificate, The opposite party not giving certificates required. Due to silence and by not giving the certificate, it is clear, so called Deemed University Rajasthan, (IASE) and Gandhi Vidya Mandir Sardarshahr, Rajasthan is not yet recognized one and no approval of the U.G.C. New Delhi could be obtained and the opposite party is running computer colleges deliberately and collecting huge amounts from the innocent students and deceiving them with out prior approval of the Statement Government to run the study centers outside the Rajasthan State, so that these 2 (Two) colleges at Warangal and Hanamkonda are bogus, false, illegal and void, the opposite party committed the deficiency of service without any fear of doubt. Thereafter the complainant came to know that, the opposite party college is duly to proved by the concerned Deemed University, Rajasthan, as such the complainant demand to return the paid fee with compensation amount, but the opposite party is not paid, then he filed this complaint before this Forum.
Opposite Party filed the Written Version contending in brief as follows:
02. The opposite party side filed some of the documents, after verified the some documents, the Deemed University is a recognized one. It is established in 2002 addressed Gandhi Vidya Mandir, Sardarshahr District, Chur Rajasthan-331 401. A notification filed by the opposite party shows that, the University Grants Commission, Bahadur Shah Zafar Marg, New Delhi. “In exercise of the powers conferred by Section 3 of the University Grants Commission Act, 1956 (3 of 1956), the Central Government, on the advice of the University Grants Commission, hereby declares the Institute of Advanced Studies in Education of Gandhi Vidya Mandir, Sardarshahr, Rajasthan as Deemed to be University for the purpose of the aforesaid Act with immediate effect” i.e. 17-07-2002 and further Information of Brochure it is also clearly goes to show that, the Deemed University is a recognized one. Notification of University Grants Commission (U.G.C.) dated 17-07-2002, so these documents to shows that, the Vidyarthi Computers College (Deemed University) is a recognized one.
03. The complainant in support of his claim filed his Affidavit in the form of chief examination and marked Exs.A-01 to A-35. On behalf of opposite party Sri C.Vidyasagar Reddy filed his Affidavit in the form of chief examination and marked Ex.B-1 & B-2.
04. Now the point for consideration whether there is any ground to allow this complaint and the complainant is entitled to get :
01. Original memo of marks for 3rd and 4th semesters, original provisional certificate and relevant certificates for M.Sc.(I.T) P.G. Courses.
02. To obtain the recognition orders or prior permission of the University Grants Commission, New Delhi by authorizing the Demand University, Rajasthan is a recognized one and for its colleges are recognized as per the pamphlet issued to the complainant at the time of admission and to file the same for reference.
03. In case there is no recognition the fee paid Rs.13,500/- is to be refunded with interest @ 24% per annum.
04. To take back the computer system by paying the cost of it for Rs.16,980/- as per R.No.790 dt.:12-01-2005 as it purchased at the advise of the opposite party with interest @ 24% per annum, as it is unusual without certificate.
05. To pay the compensation amount of Rs.50,000/- for having
mental agony and stress and physical humiliation, waste of time
2 years for education, waste of energy etc.,
06. To pay the legal notice charges as per the certificates issued by the Late Advocate, R/o.Warangal Town.
07. To pay the costs of the litigation Rs.1,500/-.
05. After arguments of the both side counsels, the complainant is not entitled anything from this Forum. Because the complainant case is that, the complainant joined in opposite party college in the P.G.Course M.Sc. (I.T) during the year 2003-2004 and total paid the fee, the opposite party conducted the examination the complainant appeared and passed, but the opposite party is not issued relieve certificate, thereafter the complainant came to know that, the opposite party college is duly to proved by the concerned Deemed University, Rajasthan, as such the complainant demand to return the paid fee with compensation amount, but the opposite party is not paid, then he filed this case.
The opposite party side filed some of the documents, after verified the some documents we come to conclusion that, the Deemed University is a recognized one. It is established in 2002 addressed Gandhi Vidya Mandir, Sardarshahr District, Chur Rajasthan-331 401. A notification filed by the opposite party shows that, the University Grants Commission, Bahadur Shah Zafar Marg, New Delhi. “In exercise of the powers conferred by Section 3 of the University Grants Commission Act, 1956 (3 of 1956), the Central Government, on the advice of the University Grants Commission, hereby declares the Institute of Advanced Studies in Education of Gandhi Vidya Mandir, Sardarshahr, Rajasthan as Deemed to be University for the purpose of the aforesaid Act with immediate effect” i.e. 17-07-2002 and further Information of Brochure it is also clearly goes to show that, the Deemed University is a recognized one and further the certificates i.e. Provisional Certificate belongs to V.Suresh Kumar i.e. the complainant is also in this file and the statement of marks of the complainant are also enclosed the same in this Forum and he also filed a copy of the Notification of University Grants Commission (U.G.C.) dated 17-07-2002, so these documents to shows that, the Vidyarthi Computers College (Deemed University) is a recognized one. The request of the complainant is that, return of Provisional Certificate and statement of marks of him noted the opposite party filed the same before this Forum. We direct the opposite party to return the Provisional Certificate as well as the Statement of Marks of the complainant as already filed before this Court.
For the above directions, we are closing this case and the complainant is not entitled to get anything from the opposite party and we direct the opposite party to return the Provisional Certificate and Statement of Marks to the complainant. For the above directions we are closing this case, hence we dispose of this complaint.
(Dictated to the Stenographer transcribed by him corrected and pronounced by us in the open Forum today i.e. 30th May, 2008).
Sd/- Sd/- Sd/-
Member Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDNECE
WITNESSES EXAMINED
ON BEHALF OF COMPLAINANT ON BEHALF OF O.P.
Affidavit of Complainant Affidavit of Opposite Party
EXHIBITS MARKED
ON BEHALFOF COMPLAINANT
1. Ex.A-1 is the Xerox copy of Institute of Advanced Studies in Education (IASE) Deemed University, Gandhi Vidya Mandir, Sardarshahr, Rajasthan.
2. Ex.A-2 is the Xerox copy of Fee Receipt, dated 03-06-2004, Receipt No.488.
3. Ex.A-3 is the Xerox copy of Fee Receipt, dated 03-06-2004, Receipt No.489.
4. Ex.A-4 is the Xerox copy of Fee Receipt, dated 25-07-2004, Receipt No.509.
5. Ex.A-5 is the Xerox copy of Fee Receipt, dated 09-10-2004, Receipt No.105.
6. Ex.A-6 is the Xerox copy of Fee Receipt, dated 24-12-2004, Receipt No.112.
7. Ex.A-7 is the Xerox copy of Fee Receipt, dated 26-10-2004, Receipt No.108.
8. Ex.A-8 is the Xerox copy of Fee Receipt, dated 13-11-2004, Receipt No.111.
9. Ex.A-9 is the Xerox copy of Directorate of Distance Education with Admission Card.
10. Ex.A-10 is the Xerox copy of Balaji Computers & Peripherals by giving computer purchase Bill No.790, dated 12-01-2005.
11. Ex.A-11 is the Xerox copy of IASE Deemed University, Admission Card.
12. Ex.A-12 is the Xerox copy of letter to D.Harinath, The Director of Vidyarthi Computers, Warangal.
13. Ex.A-13 is the Xerox copy of Bombay Andhra Express Service (Courier Services) CN.No.5716.
14. Ex.A-14 is the Xerox copy of Legal Notice, dated 10-07-2005.
15. Ex.A-15 is the Xerox copy of Bombay Andhra Express Service (Courier Services) CN.No.6152.
16. Ex.A-15 is the Xerox copy of Final Legal Notice, dated 10-08-2005.
17. Ex.A-16 is the Xerox copy of Bombay Andhra Express Service (Courier Services) CN.No.6825.
18. Ex.A-17 is the Xerox copy of Registered Notice, dated 09-09-2005.
19. Ex.A-18 is the Xerox copy of Bombay Andhra Express Service (Courier Services) CN.No.6158.
20. Ex.A-20 is the Xerox copy of Reply Notice, dated 19-09-2005.
21. Ex.A-21 is the Xerox copy of Reply Notice, dated 22-09-2005.
22. Ex.A-22 is the Xerox copy of Notice/Circular of University Grants Commission Bahadurshah Zafar Marg, New Delhi, dated 21-08-2005.
23. Ex.A-23 is the Xerox copy of Circular, dated 09-08-2005.
24. Ex.A-24 is the Xerox copy of Recognistion of Institute of Advanced Studies in Education of Gandhi Vidya mandir 9IASE) at Sardarshahr Rajasthan, dated 06-09-2005.
25. Ex.A-25 is the Registered post cover.
26. Ex.A-26 is the Xerox copy of University Grants Commission, mentioned in universities.
27. Ex.A-27 is the Xerox copy of M.Sc.IT 3rd Sem.
28. Ex.A-28 is the Xerox copy of Paper Publication in Eenadu.
29. Ex.A-29 is the Xerox copy of letter of Northern Power Distribution Company of A.P.Ltd., Corporate office : Warangal.
30. Ex.A-30 is the Xerox copy of Receipts.
31. Ex.A-31 is the By Speed Post to Non-recognisition of Distance Education Programme/Study Centres of Institute of Advanced Studies in Education of Gandhi Vidya Mandir (IASE) (Deemed University) Sardarsahar (Rajasthan).
32. Ex.A-32 is the Xerox copy of Indira Gandhi National Open University, dated 27-06-2005.
33. Ex.A-33 is the Xerox copy of Indira Gandhi National Open University, dated 11-09-2006.
ON BEHALF OF Opposite partY
1. Ex.B-1 is the Xerox copy of University Grants Commission Web-site Home Page.
2. Ex.B-2 is the Original of Authorisation Letter, dated 17-02-2004 to Institute of Advanced Studies in Education (Deemed University), Gandhi Vidya Mandir, Sardarshahr-331 401, Rajasthan, India.
Sd/-
PRESIDENT.
