KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL. 255/13
JUDGMENT DATED:28.02.2014
(Appeal filed against the order in CC.211/09 on the file of CDRF, Kollam dtd:03.01.2013)
PRESENT :
JUSTICE SHRI. P.Q. BARKATHALI : PRESIDENT
SHRI.V.V. JOSE : MEMBER
Jomol Anil, W/o Anil,
Green Ushus, Ramankulangara,
Kavanad.P.O, Kollam.
Now R/at Maveli House, : APPELLANT
Thykkattusserry, Cherthala,
Alappuzha.
(By Adv: Sri.Narayan.R)
Vs.
1. Neha Dental Technology and Ceramics Study Centre,
Opp. Partha Theatre, Kallumthazham, Kilikolloor P.O,
Kollam-691 004.
2. Deepthi, W/o Anoop Kumar,
Radha Nivas, Kairali Nagar-44,
Kilikolloor P.O, : RESPONDENTS
Kollam-691 004.
3. Anoop Kumar,
Radha Nivas, Kairali Nagar-44,
Kilikolloor P.O,
Kollam-691 004.
JUDGMENT
JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT
This is an appeal filed by the complainant in CC.211/09 on the file of CDRF, Kollam under section 15 of Consumer Protection Act challenging the order of the Forum dated, January 04, 2013 dismissing the complaint.
2. The case of the complainant as testified by her as PW1 and as detailed in the complaint before the Forum in brief is this:-
First opposite party is M/s Neha Dental Technology and Ceramics Study Centre at Kollam. Second and third opposite parties are the Managing Director and Director of the first opposite party. Complainant joined in the first opposite party institute for Dental Technology-Dental Mechanic course on June 29, 2005 for the academic year 2005-2007. Complainant paid Rs.35,000/- as tuition fee Rs.2000/- for practical classes and Rs.48,000/- for study materials. Opposite parties 2 and 3 represented to her that the institution was approved and recognized by UGC which is affiliated to Vinayaka Mission University, Selem. The examination was conducted at the end of first and second year in the presence of invigilators deputed by Vinayaka Mission University but in the question paper the name of the examination was printed Diploma in Ceramic Technology instead of Dental Technology-Dental Mechanic and when the complainant brought the same to the notice of opposite parties they represented that it was only a mistake. When the final mark list was received it was also for Diploma in Ceramic Technology. Thus the opposite parties have cheated the complainant. Complaint is filed to direct the opposite parties to issue a UGC recognized certificate of the course for which complainant got admission which the opposite parties offered failing which to pay compensation of Rs.5 lakhs to the complainant.
3. The first opposite party remained absent before the Forum. The second and third opposite parties filed a joint version contending thus:-
Opposite parties 2 and 3 have no connection or ownership over the first opposite party. First opposite party institution is under the management and proprietorship of Dr.K.P.Surjith, Proprietor of M/s Krishna Associates of Educational Consultant who maintains many educational institutions in association with the Faculty of Distant Education, Vinayaka Mission Research Foundation, Selem, Tamilnadu a deemed University approved by the University Grants Commission, Government of India. The third opposite party was only a lab technician and second opposite party who is his wife is only an office assistant. That being so, the complaint has to be dismissed.
4. PWs 1 to 3 were examined and Exts.P1 to P8 were marked on the side of complainant and DWs 1 and 2 were examined and Ext.X1 was marked on the side of the opposite parties before the Forum. On an appreciation of evidence the Forum found that the University is a necessary party to the proceedings and as the complainant did not take any steps to implead the University, dismissed the complaint. Complainant has come up in appeal challenging the said order of the Forum.
5. In this appeal only opposite parties 2 and 3 appeared.
6. Heard both the counsels.
The following points arise for consideration:-
1. Whether Vinayaka Mission University Selem is a necessary party to the proceedings?
2. Whether the impugned order of the Forum can be sustained?
7. The specific case of the complainant is that she joined in Dental Technology-Dental Mechanic Course conducted by the first opposite party institution of which opposite parties 2 and 3 are Managing Director and Director, that hall ticket Ext.P3 was issued for Dental Mechanic Course, but certificate Ext.P6 was issued for Diploma in Ceramic Technology.
8. Opposite parties 2 and 3 contended that they were only employees of first opposite party institution and that they have no role in conducting the course or issuing the certificate and that one Dr. K.P.Surjith is conducting the opposite party institution and that certificates can be issued only by the University.
9. DW2 is the Director of Faculty of Distant Education, Vinayaka Mission Research Foundation which is a deemed University. He testified that the university has agreement with the first OP to conduct the courses and that Dr. K.P.Surjith represents the first opposite party institution. Ext.X1 is the said agreement.
10. The Forum found that University is a necessary party in the proceedings and dismissed the complaint as the complainant did not take any steps for impleading the University as a party. On going through the records it is seen that complainant had filed a petition requesting the opposite parties 2 and 3 to furnish the present address of Dr.K.P.Surjith as well as that of the University which opposite parties 2 and 3 did not furnish. Therefore we feel that an opportunity should be given to the appellant/complainant to implead the University in the proceedings. Counsel for the appellant/complainant submitted that he is prepared to implead the University in these proceedings.
In the result the impugned order of the Forum dismissing the complaint is set aside. The matter is remanded to the Forum for fresh disposal in accordance with law. Complainant shall impelad the University in the party array before the Forum within one month from March 31, 2014. Parties shall appear before the Forum on March 31, 2014.
JUSTICE P.Q. BARKATHALI: PRESIDENT
V.V. JOSE : MEMBER
VL.
