Mrs.Guramritpal Kaur of Sh.Amandeep Singh, resident of 334, Green Avenue, Amritsar.
Complainant
Versus
Periyar University, Periyar Institute of Distance Education (Pride), Bengaluru Main Road, Salem-636011 485 through its Vice Chancellor/ Principle Officer.
Opposite Party
Complaint under section 12 and 13 of the Consumer Protection Act, 1986 (As amended upto date).
Present: For the Complainant: Sh.Deepinder Singh, Advocate.
For the Opposite Parties: Exparte.
Coram
Mr.Anoop Sharma, Presiding Member
Ms.Rachna Arora, Member
Order dictated by:
Ms.Rachna Arora, Member.
- The complainant has brought the instant complaint under section 12 and 13 of the Consumer Protection Act, 1986 on the allegations that the complainant completed the MA English with Opposite Party by distance education vide enrolment No.B9PEN13160002, the copy of mark sheet is enclosed, hence the complainant is consumer as provided under the Act and is competent to invoke the jurisdiction of the Forum. The complainant had done the MA English with Opposite Party through distance education and cleared the said course and the Opposite Party after lot of deliberations issued the pass marks sheet to the complainant, the said course is the degree course, copy of the mark sheet is enclosed, but the Opposite Party did not issue the degree to the complainant inspite of her clearing the said degree course. The complainant made several requests to the Opposite Party to issue her the degree for the course of MA English which she has cleared and personally visited the Opposite Party and the Opposite Party even on 19.6.2017 got deposited the amount of Rs.300/- for the dispatch of the said degree, but the Opposite Party has not issued the degree of the MA English course which the complainant has cleared successfully. The aforesaid acts of the Opposite Party in not issuing the degree of MA English to the complainant is an act of deficiency of services, mal practices, unfair trade practice and has caused lot of mental tension, harassment and inconvenience besides financial loss to the complainant. Vide this complaint, the complainant has prayed for the following reliefs through the instant complaint.
- Opposite Party be directed to issue the degree of MA English which the complainant has cleared.
b) Opposite Party be directed to pay the compensation of Rs.50,000/- to the complainant.
C) Opposite Party be directed to pay the adequate cost of the litigation.
d) Any other consequential relief to which the complainant is entitled to under the law, equity, justice and fairplay be also awarded.
Hence, this complaint.
2. Upon notice, inspite of due service, none put in appearance on behalf of the Opposite Party and as such, the Opposite Party was ordered to be proceeded against exparte.
3. In her bid to prove the case, complainant tendered her duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and also produced copies of documents Ex.C2 to Ex.C6 and closed the exparte evidence.
4. We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.
5. From the appraisal of the evidence on record, it becomes evident that the complainant completed the MA English with Opposite Party by distance education vide enrolment No.B9PEN13160002, the copy of mark sheet is enclosed as Ex.C2 and Ex.C3, hence the complainant is consumer as provided under the Act and is competent to invoke the jurisdiction of the Forum. The complainant had done the MA English with Opposite Party through distance education and cleared the said course and the Opposite Party after lot of deliberations issued the pass marks sheet to the complainant, the said course is the degree course, copy of the mark sheet is enclosed, but the Opposite Party did not issue the degree to the complainant inspite of her clearing the said degree course. The complainant made several requests to the Opposite Party to issue her the degree for the course of MA English which she has cleared and personally visited the Opposite Party and the Opposite Party even on 19.6.2017 got deposited the amount of Rs.300/- for the dispatch of the said degree, but the Opposite Party has not issued the degree of the MA English course which the complainant has cleared successfully. The aforesaid acts of the Opposite Party in not issuing the degree of MA English to the complainant is an act of deficiency of services, mal practices, unfair trade practice and has caused lot of mental tension, harassment and inconvenience besides financial loss to the complainant. The evidence produced by the complainant has gone unrebutted on record as the Opposite Parties, despite due service, did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint. The complainant has sought for relief for directing the Opposite Party to issue the degree of MA English which the complainant has cleared besides compensation to the tune of Rs.50,000/-. But however, the claim for compensation to the tune of Rs.50,000/- is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would be fully met if the complainant is awarded compensation to the tune of Rs.4000/- and we award the same accordingly. Besides this, the complainant is also entitled to litigation expenses to the tune of Rs.2000/-. The compliance of this order be made by the Opposite Party within 30 days from the date of order, failing which the complainant shall be at liberty to get the order enforced through the indulgence of this Forum. The complaint stands allowed exparte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum.
Dated: 24.10.2017.
