District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.550/2023.

 Date of Institution: 21.08.2023.

Date of Order: 30.11.2023.

Ramraj Gaur, son of Shri Prem Raj r/o VPO Kheri Kalan, District Faridabad.

                                                                   …….Complainant……..

                                                Versus

Narayana E-Techno School, near SRS Royal Hills, Sector87, Faridabad, Haryana through its Principal.

                                                                   …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:                   Sh.  Rishipal Sharma,  counsel for the complainant.

                             Opposite party ex-parte vide order dated 18.10.2023.

ORDER:  

                             The facts in brief of the complaint are that   the son of the

complainant namely Chhayans Gaur had passed his 7^th class from the school of the opposite party and the total amount of fee was Rs.94,100/- which had already been deposited in the account of the opposite party in five installments.  The son of the complainant had taken admission in another school and for that purpose the complainant requested the opposite party several times since, April 2023 to issue the Transfer Certificate (T.C) and marksheet of his son to complete the admission formalities in another school but till today the opposite party but the matter on one pretext or other and did not issue the T.C and marksheet of the son of the complainant, which was his legal right to obtain document from the opposite party but the opposite party was holding the possession of document illegally and unlawfully without any reason and rhyme.The complainant sent legal notice  dated 31.07.2023 to the opposite parties but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite party to:

a)                Issue the Transfer Certificate (T.C) Marksheet and other documents relating to the son of the complainant.

 b)                pay Rs.5,00,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs. 21,000 /-as litigation expenses.

2.                 Registered notice issued to opposite party on 16.09.2023 not received back either served or unserved.  Case called several times since morning but none has appeared on behalf of opposite party..  Learned counsel for the complainant filed the tracking report in which the item delivery confirmed. It was already 3.50p.m.  Hence, opposite party was proceeded against ex-parte vide order dated 18.10.2023.

3.                The complainant led evidence in support of his respective version.

4                  We have heard learned counsel for the complainant and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite party– Narayana E-Techno School  with the prayer to: a)  Issue the Transfer Certificate (T.C) Marksheet and other documents relating to the son of the complainant.  b)          pay Rs.5,00,000/- as compensation for causing mental agony and harassment . c)  pay Rs. 21,000 /-as litigation expenses.

                   To establish his case, the complainant  has led in his evidence Ex.CW1/A –affidavitof Ramraj Gaur,, Ex.C-1 – Adhaar card, Ex.C-2(colly) - Renewal form, Ex.C-3 to 6 Bills, Ex.C-7(colly) – legal notice, Ex.C-8 –postal receipṭ

 6.               There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.

7.                Opposite party is directed to :

a)                 issue the Transfer certificate (T.C) marksheet and other documents .

b)                 pay Rs.2200/- as compensation for causing mental agony.

c)                pay Rs.2200/- as litigation expenses to the complainant.

  Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.

Announced on:30.11.2023                                   (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                       Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                   (Indira Bhadana)

                       Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.