This complaint coming up before us for final hearing on                      16-03-11 in the presence of Sri G.Punna Reddy, advocate for complainant and opposite party remained exparte, upon perusing the material on record and having stood over till this day for consideration, this Forum made the following: 

O R D E R

Per Sri M.V.L.Radha Krishna Murthy, Member:

                This complaint is filed under section 12 of Consumer Protection Act, 1986 by the complainant praying to direct the opposite party (a) to return the original 10^th class and intermediate marks list, which were submitted to opposite party at the time of admission, (b) to pay Rs.95,000/- towards compensation for the mental agony and  (c) to pay Rs.5000/- towards costs of the complaint.

The averments of complaint in brief are as follows:

                After completion of intermediate board examinations, the complainant appeared for EAMCET examination and gone through the same and got a rank and thereby, he took admission in 1^st year B.Tech. CSE Course in the opposite party institution in the year 2008-2009.  As per the terms of admission, the complainant deposited a sum of Rs.50,000/- on 25-10-08 towards the fee in management quota and also paid a sum of Rs.9000/- towards tuition fee on          06-05-09.  The complainant attended the classes from November, 2008 to January, 2009.  Later he was attacked with bronchitis asthma and failed to attend the 1^st year examinations.  Due to his health condition, he discontinued further study.  In May, 2009 the complainant and his father approached the opposite party and explained about the reason for discontinuing the course by the complainant and requested to return the 10^th and intermediate original certificates that were submitted to opposite party at the time of admission, but it was invain.  Subsequently, complainant’s father requested the opposite party to return the original certificate of complainant, through his letter dt.12-06-09.  The opposite party received the same on 13-06-09 and kept quite.  After so many repeated requests and recommendations, the opposite party demanded Rs.20,000/- in full and final settlement for return of the original certificates.  Accordingly, the complainant paid Rs.20,000/- on 16-07-09 but inspite of the same, the opposite party has not returned the original 10^th class and intermediate certificates to the complainant and on account the same complainant suffered mental agony.  Hence, the complaint. 

                The opposite party remained exparte inspite of sufficient service of notice.

                The complainant filed affidavit in support of his version reiterating the same. 

                On behalf of complainant Ex.A1 to A7 are marked.  Ex.A1 is the chit for Rs.50,000/- dt.25-10-08. Ex.A2 is counterfoil of challan for Rs.9000/- dt.06-05-09.  Ex.A3 is the letter addressed to opposite party by the father of complainant dt.12-06-09. Ex.A4 is the medical prescription along with diagnosis. Ex.A5 is the counterfoil of challan for Rs.20,000/- dt.16-07-09.  Ex.A6 is the AICTE Public notice.  Ex.A7 is the letter of the Commissioner of Technical Education to all the Principals of Engineering Colleges in the State dt.27-08-09.      

Now the points for consideration are

1. Whether there is any deficiency of service on the part of opposite party?
2. To what relief the complainant is entitled to?

POINT No.1

                The case of the complainant is that he got admission into 1^st year B.Tech. CSE Course in opposite party institute in the year 2008-2009, that he deposited an amount of Rs.50,000/- for the admission on 25-10-08 towards the management quota and also paid a sum of Rs.9000/- towards tuition fee on 06-05-09, that subsequently as his health was effected due to bronchitis asthma, he failed to attend examinations and discontinued the course and dropped from the college and requested the opposite party to return 10^th  and intermediate certificates, which were submitted to opposite party at the time of admission, that subsequently opposite party demanded Rs.20,000/- in full and final settlement of the fee for returning the original certificates of the complainant and that he accordingly paid the same but inspite of the same opposite party has not returned the original certificates.  

                As seen from Ex.A1 and A2, the complainant has deposited Rs.50,000/- towards the management quota and Rs.9000/- towards tuition fee.  The father of complainant addressed opposite party through his letter dt.12-06-09 vide Ex.A3 stating all the facts and requested the opposite party to return the original certificates of his son i.e., the complainant.  But the opposite party has not given any reply to Ex.A3. The AICTE a statutory body of Government of India issued a public notice under advertisement No.AICTE/DPG/06(02)/2009 wherein it was mentioned that   

                “_____ It would not be permissible for institutions to retain the School/Institution Leaving Certificates in original__________”

                Thus the AICTE directed all the institutions not to retain the original certificates of the students.  

                The Commissioner of Technical Education, Andhra Pradesh, Hyderabad in its letter No.H2/10641/2009, dt.27-08-09 has issued instructions to the Principals of all engineering/pharmacy/MBA/MCA/ Architecture colleges in the state directing them not to insist for payment of full course fee in respect of such students who want to discontinue the course at the middle and to handover the original certificates to them immediately. 

                In view of the above instructions of AICTE and the Commissioner of Technical Education, Andhra Pradesh, Hyderabad the opposite party college is not expected to exercise lien over the original certificates of students i.e., the complainant for the sake of fee. Inspite of the above said instructions of AICTE and the Commissioner of Technical Education, Andhra Pradesh, Hyderabad, the opposite party has not returned the originals of complainant inspite of payment of Rs.20,000/- under Ex.A5 in full and final settlement of the fee.  Therefore, in view of the facts and circumstances of case, we find that there is deficiency of service on the part of opposite party for non return of original certificates of the complainant inspite of the repeated requests and demands made by the complainant and his father.   Accordingly this issue is answered in favour of complainant and against the opposite party.   

POINT No.2

                The complainant prayed for return of original 10^th class and intermediate marks list of complainant that were submitted at the time of admission of complainant in opposite party college and to pay Rs.95,000/- towards compensation and Rs.5000/- towards costs.  The amounts claimed towards compensation and expenses and costs are too high and imaginary.  Therefore, we are of the view that if the opposite party is directed to return the original 10^th class certificate and intermediate marks list of complainant immediately and to pay Rs.5000/- towards compensation and Rs.1000/- towards costs of complaint, would meet the ends of justice.  Accordingly this issue is answered in favour of complainant.

                In the result, the complaint is allowed in part in terms as indicated below:

1. The opposite party is hereby directed to return the original 10^th class certificate and intermediate marks lists of the complainant forth with.

2. The opposite party is further directed to pay an amount of Rs.5000/- towards compensation for the mental agony suffered by complainant and also to pay Rs.1000/- towards costs of complaint to the complainant.

3. The above orders shall be complied within a period of six weeks from the date of receipt of copy of this order, failing which, the amounts ordered in item No.2 shall carry interest @ 9% p.a. till the date of realization.

Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum, this the 17^th day of March, 2011.

          MEMBER                               MEMBER                            PRESIDENT          

   APPENDIX OF EVIDENCE

No oral evidence is adduced on either side

                                        DOCUMENTS MARKED

For Complainants:

For opposite party:    NIL

                                                                                            PRESIDENT