Tamil Nadu

North Chennai

209/2013

M.SundaraVadhanam,F/o.S.Thirupurasundari - Complainant(s)

Versus

M/s.Indira Education,Priyadharshini Dental College&Hospital - Opp.Party(s)

G.Manoharan

13 Mar 2018

ORDER

 

                                                            Complaint presented on:  31.10.2013

                                                                Order pronounced on:  13.03.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

TUESDAY  THE 13^th   DAY OF MARCH 2018

 

C.C.NO.209/2013

 

 

M.Sundaravadanam,

F/o. S.Thirupurasundari,

Old No.18, New No.35,

Thulasingan Street,

Pudupet,

Chennai – 600 002.

                                                                                    ….. Complainant

 

..Vs..

M/s.Indira Education,

Priyadarshini Dental College & Hospital,

Regd. Office No.19, Govindan Street,

Ayyavoo Colony,

Aminjikarai,

Chennai – 29.

 

.....Opposite Party

Date of complaint                                 : 31.10.2013

Counsel for Complainant                      : G.Manoharan

 

Counsel for  opposite party                  : M/s C.Gopalakrishnan

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

This complaint is filed by the complainant complaint to direct the opposite party to return the original mark certificates of 10^th standard, 12^th standard, communicate certificate and transfer certificate and also to pay a compensation for mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant daughter Selvi S.Thirupurasundari was admitted BDS course in July 2010 under the management quota in the year opposite party dental college.  While she was studying second year course, she suffered illness due to her physical and mental ailments and hence she was unable to continue the course since August 2011.

2.  The complainant paid fees for a sum of Rs.1,80,000/- for the first academic year 2010-2011 on 03.09.2010 and another sum of Rs.1,82,000/- was paid on 22.12.2011 for the second academic year. The complainant requested in January 2013 to return the original certificates along with transfer certificate of his daughter. Again he requested he return on 08.03.2013, 18.03.2013 and 22.05.2013 to return the certificates by writing letters. The opposite party informed that unless a sum of Rs.2,00,000/- being the tuition fees for the year 2012 & 2013 is remitted, the original certificates will not be returned. Thereafter the complainant approached the various government authorities to instruct the college to return his daughter’s certificate. The opposite party failed to return the same and thereby committed deficiency in service. Hence the complainant filed this complaint to direct the opposite party to return the original mark certificates of 10^th standard, 12^th standard, communicate certificate and transfer certificate and also to pay a compensation for mental agony with cost of the complaint. 

3. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The opposite party is a reputed Institution running a Dental College under the name and style of Priyadarshini Dental College and Hospital.  The complainant along with his daughter approached the opposite party seeking admission for his daughter in the Bachelor of  Dental Surgery during the month of July 2010. After ascertaining all the rules and regulation and also the duration of the course and having satisfied about the infrastructure facilities and high standard of education provided for the students, the complainant agreed and undertaken to join the BDS Course. Even at the time of admission, it was made clear by the opposite party that any student discontinuing the studies without completing the course in the middle of the course, the student is not only liable to forego the fees  already paid but also liable to remit the full fees for the remaining period of the course and has to remit the full fees designated for the course. The complainant’s daughter is not able to cope up with the subjects and hence discontinued from attending the college during the course of the second year from August 2011.

          4. The complainant’s daughter had suffered illness and mental ailment and not able to continue the course is denied. The complainant came forward with a letter on 21^st January 2013 long after one year and five months asking for return of the original certificate on the ground that his daughter could not continue due to family circumstances and medical reasons. The complainant again wrote a similar letter on 08.03.2013 to which this opposite party gave a detailed reply on 18.03.2013 reiterating that the question of returning the certificates could be considered only after payment of the fees for the remaining period of the course. It was also clearly explained that the admission for the total number of students for the particular year is fixed  as 100 by the authorities and any discontinuation in the middle of the course cannot be filled up and that the vacancy continues for the remaining period causing monetary loss to the institution. It was only for the reasons best known to the complainant and his daughter  she had discontinued the course.

          5. The complainant addressed letters to the Secretary of the State Government Welfare Department, Tamil Nadu Dr.M.G.R. Medical University and Tamil Nadu Dental Council to issue directions to return the certificate. The Tamil Nadu Dental Council wrote reply dated 01.04.2013 that they are not appropriate Forum to raise the issue with regard to return of certificates. The complainant also issued notice to the opposite party and they gave detailed reply to the complainant that he will return the certificates after payment of the balance fees. The other averments made in the complaint are denied hence the opposite party has not committed any deficiency in service and prays to dismiss the complaint with costs.

6. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

7. POINT NO :1 

          It is an admitted fact that the complainant’s daughter was admitted for the BDS course in July 2010 under the  management quota and after admission  and  the complainant paid fees for a sum of Rs.1,80,000/- for the first academic year 2010-2011 on 03.09.2010, an another sum of Rs.Rs.1,82,000/- was paid on 22.12.2011 for the second academic year and for the receipt of the said amount the opposite party issued Ex.A20 receipt and however, the complainant discontinued the  course from the second year by not attending the classes and thereafter the complainant wrote Ex.A1 & Ex.A2 letters to return the original certificates of her daughter 10^th standard mark sheet, 12^th standard mark sheet, community certificate and transfer certificate and the opposite party issued Ex.A3 reply for discontinuing the studies, the student is liable to remit the full fees and thereafter the complainant wrote Ex.A4 to Ex.A7 letters to various authorities to instruct the opposite party to return the certificates and the Tamil Nadu Dental Council replied him that he is not the appropriate Forum to seek such remedy  and thereafter the opposite party again demanded to pay the balance fees and thereafter the complainant filed this complaint.   

          8. The complainant alleged deficiency against the opposite party is that when he demanded to return the mark sheets and other certificates deposited at the time of admission of his daughter with the opposite party and they refused to return the same commits deficiency in service.  

          9. The opposite party himself admitted in the written version that the complainant daughter unable to cope-up with the subjects and voluntarily left the course. In such circumstances how can the opposite party demand the balance fees from the complainant, for the remaining course which she was unable to continue further? Most importantly, there is no brochure or any rule produced by the opposite party that the student while discontinuing the course, they should pay the fees for the remaining academic year or years. The opposite party has not filed any document or referred any law that he is entitled for the balance fees. Further the complainant’s daughter was admitted under the management quota. It is not the case of the opposite party that he gave admission to her on merit basis. Therefore, the opposite party without testing the merit of the student and gave admission to her shows that only for his enrichment by way of collecting fees he gave admission to her. Naturally such student cannot cope-up with this type of course and hence the student left the college unable to cope-up the course according to the version of the opposite party, the student cannot be blamed. It is the institution only  that has to be blamed for giving admission without testing the merit of the student.  Hence, in such circumstances, when no rule or law provides for the educational institution to claim the balance fees, they cannot hold the students certificates for the payment of balance fees and hence we hold that the opposite party committed deficiency in service in not returning the certificate demanded by the complainant.

 10. POINT NO:2

          Having held above that the opposite party committed deficiency in service in not returning the certificates, the opposite party can be directed to return the  original certificates 1) 10^th Mark Sheet, 2) 12^th Mark Sheet, 3) Transfer Certificate and 4) Community Certificate to the complainant within 6 weeks from the date of the this order. Due to the act of the opposite party refusing to give certificates, the complainant suffered with mental agony is accepted and for the same it would be appropriate to direct the opposite party to pay a sum of Rs.50,000/- towards compensation, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to return the original certificates 1) 10^th Mark Sheet, 2) 12^th Mark Sheet, 3) Transfer Certificate and 4) Community Certificate within 6 weeks from the date of  this order to the complainant and also to pay a sum of Rs. 50,000/- (Rupees fifty thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said  compensation amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 13^th  day of March 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 21.01.2013	Requested to return the certificates 10th & 12th TC & Community Certificate
Ex.A2 dated 08.03.2013	Reminder to the above
Ex.A3 dated 18.03.2013	Reply from Manager Priyadarshini Dental College to pay the Total fees
Ex.A4 dated 25.03.2013	Letter to Secretary to Government of Tamil Nadu seeking direction to return the Certificate of S.Thiripurasundari
Ex.A5 dated 25.03.2013	Letter sent Dr.MGR Medical University seeking direction to return the certificate of S.Thiripurasundari
Ex.A6 dated 25.03.2013	Letter sent to Tamil nadu Dental Council seeking direction to return the certificate of S.Thiripurasundari
Ex.A7 dated 25.03.2013	Copy of letter sent to Dental Council of India, New Delhi, seeking direction to return the  Certificate of S.Thiripurasundari
Ex.A8 dated 01.04.2013	Tamilnadu Dental Council is not the appropriate Forum to give direction to the college to return the certificate
Ex.A9 dated 22.05.2013	Manager Priyadarshini Dental College Again requested to pay Rs.2 kakh to return the certificate
Ex.A10 dated 30.05.2013	Refuse to pay Rs.2 lakh to college by M.Sundravadanam
Ex.A11  dated 30.05.2013	Reminder sent to Dr.MGR Medical University what step taken to letter dated  25.032013
Ex.A12 dated 30.05.2013	Reminder letter sent to commissioner and Secretary to Government H & FW department
Ex.A13 dated 03.06.2013	Letter from college to pay Rs.2 lakh to close the issue
Ex.A14 dated 19.06.2013	Letter from academic officer Dr.MGR University enclosing letter 18.03.2013 of Priyadarshini Dental college letter sent to me earlier.
Ex.A15 dated 28.06.2013	Secretary H & FW department forwarded my Letter to DME for talking action
Ex.A16 03.07.2013	PRO/PIO from Dr.MGR Medical University enclosed letter 19.06.2013 of academic officer and 18.03.2013. Priyadarshini Dental College.
Ex.A17 dated 04.07.2013	Reminder to DME
Ex.A18 dated 15.07.2013	From DME required particulars will be furnished shortly
Ex.A19 06.08.2013	Reminder to DME enclosing  Consumer Dispute Redressal Forum Judgment press release in times of India dated 06.08.2013 and Dinamalar dt. 04.08.2013.
Ex.A20 dated NIL	Receipt for the year 2010 – 11 and 2011 -12

 

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTY :

 

                                      ……..NIL ……

 

 

                  

 

MEMBER – I                                                               PRESIDENT