IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/57/2015.
Date of Filing: 13.05.2015. Date of Final Order: 18.01.2017.
Complainant: Golam Mohammad, Abdul Mojid, Son of Golam Gaush, Kandi Hometala,
P.O.&P.S. Kandi, Dist. Murshidabad Pin 742137.
-Vs-
Opposite Party: 1. Principal, Scholar Correspondence College(S.C.C.)
Halisahar Station Road, P.O. Jetia, 24-Parganas(N). Pin 743135.
2. Principal, Scholar Correspondence College, Chuanpur, P.O. Chaltia,
P.S. Berhampore, Dist. Murshidabad. Pin 742165.
Present: Sri Anupam Bhattacharyya …………………. President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for sending statement of marks for Part-I and Part-II of M.Sc ,Chemistry Examination under M.S.U. Tamil Nadu or to refund Rs.23,000/- along with compensation of Rs.70,000/- for mental pain and agony.
The complainant’s case, in brief, is that the complainant passed B.Sc (Hons) in Chemistry from Calcutta University in the year 2008. He was appointed a Assistant Teacher in a Madrasa in the year 2010. Then he decided to get a Degree of M.Sc through Correspondence Course. He went to OP No.2 which is a Branch of Op No.1. The OP No.2 stated that they would arrange to complete the court through Manonmaniam Sundaranar University, Tamil Nadu. The complainant deposited Rs.5,000/-on 16.08.2010 to the OP No.1 through OP No.2 as per their demand for Part-I and also paid Rs.8,500/- on 11.12.10 for part-I. Thereafter, the complainant paid Rs.1, 500/- as Examination Fee in the year 2011. The petitioner got a certificate regarding statement of marks dated 15.03.2011 which shows that in the Practical of Organic Chemistry the petitioner got 107 out of 100. For the 2nd year the complainant paid a sum of Rs.8, 000/- as fee. The total amount paid by the complainant is Rs.23, 000/- and balance sum of Rs.5, 500/- remains due. But the petitioner neither got the corrected stamen of Marks for Part-I, nor got the statement of marks for Part-II and the certificates of both the years. Having no result in spite of several requests the complainant sent notice on 07.02.2015 to OPs when OP No.1 replied that they are trying to send certificate as early as possible but they suggested to take steps against the University. But, the complainant paid the amount to clear up the course. It is the responsibility of the OP to give relief to the petitioner. There is a clear deficiency of service on the part of the OP. Then the complainant filed the complaint. Hence, the instant complaint case.
The written version filed by the OP No.1, in brief, is that the OP has denied the allegation of the complainant categorically. The dispute relating to fees for correspondence course of M.Sc. Chemistry is not service within the meaning of C. P. Act and OP being educational Institution is not a service provider. Regarding fewer marks in Chemistry the OP No.1 sent the mark sheet for correction but the same was returned and this OP is not liable to explain and the said University is required to clarify the same. The complainant knows well that 1st paper subject code DCH/12 was missing and he secured 107 marks in Organic Chemistry Practical-I. The complainant is not entitled to get relief as sought for as he made default in payment of the required amount. Inspite of that the OP arranged for enabling him to sit for examination but he did not secure pass marks and he became unsuccessful of Part-II examination of M.Sc and is not entitled to refund fees as the complainant has not paid full course fee and examination fee as per rules. The complainant is not entitled to get refund as claimed. The certificate of examination is directly sent by University to the student and no such certificate is sent by study centre like this OP. The complainant did not seek for any information about his mark sheet and certificate from said University under R.T.I Act. The complainant was aware that after passing two parts, certificate is issued in favour of successful candidates and not in every year. The complaint is liable to be dismissed with cost. Hence, the instant written version.
Considering the pleadings of both sides the following points have been raised for disposal of this case.
Points for consideration.
- Whether the complaint is maintainable in law and fact?
- Whether the complainant has any cause of action or locus standi to file the present case?
- Whether the complaint is barred by principle of waiver, estoppels and acquiescence?
- Whether the case is bad for mis-joinder and non-joinder of parties?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief the complainant is entitled to get?
Decision with Reasons.
Point Nos.1 to 6.
All the points are taken up together for the sake of convenience.
The instant complaint is for sending the stamen of marks for Part-I and Part-II of the examination of M.Sc in Chemistry of Manonmaniam Sundaranar University, Tamil Nadu or in the alternative refund back of Rs.23,000/- paid to OP and compensation of Rs.10,000/- for mental pain and agony.
The complainant’s main case is for correction of the mark sheet of M.Sc , Chemistry ,1st Year in Practical-I Organic Chemistry showing 107 out of 100. But the same has not been supplied when the complainant paid requisite fee for course and examination to the OP or in the alternative to refund Rs.23,000/- the fees paid along with compensation of Rs.70,000/- ..
On the other hand, the main case of the OP No.2 is that OP No.2 being an Educational Institution is not a service provider and for that the case is not maintainable against them. Further case of the OP No.2 is that the complainant has not fully paid the fees for examination and the course fee. For that the OP is not liable to refund the fees .Usually, the certificate of examination is directly sent by the University to the candidate and to the Study Centre. The complainant should seek for information regarding his mark sheet and certificate from the University by filing R.T.I application.
To prove the case, the complainant adduced affidavit along with relevant documents in support of his case particularly receipts of fees such as course fee and examination fee, also the mark sheet showing the marks obtained by the complainant in practical I-Organic Chemistry in M.Sc.
In this case the OP No.2 has filed the written version only but he has not filed any documents rebutting the evidence adduced by the complainant after getting sufficient opportunities and also the OP No.2 has not turned up at the time of hearing argument and for that the case has been taken up for disposal on merit.
According to settled principle of law, mere averment in the written version is not evidence.
It is clear that there is no cogent evidence from the side of the OP No.2 to rebut the evidence adduced by the complainant.
The Op No.2 is branch office of OP No.1. The OP No.1 has not turned up in spite of receiving notice and for that the case is taken up against OP No.1 ex parte.
The main plea of the OPNo.2 is that his office is an educational Institution and is not a service provider and for that the case against his Institution is not maintainable.
Regarding this plea, we can safely conclude that this case is not against the University. This case is against the Correspondence College, Op No.2. The OP No.2 received the fees and agreement, if any between for the purpose of obtaining Degree in M. Sc, Chemistry through Correspondence Course and for that he is solely responsible and for that purposes their duty is to supply correct mark sheet. This OP is solely responsible for this and this is nothing but deficiency in service. On the basis of above discussions, we can safely conclude that this case is maintainable.
The plea of OP no.2 is that as the complainant has not paid the fees fully, the complainant is not entitled to get any relief as refund of fees.
In this regard, we do not find any such agreement or any other cogent evidence establishing the plea of OP no.2 as per averment in their written version. Without establishing the terms and conditions as alleged, the OP No.2 has no scope to establish the same.
On the other hand, relying upon the evidence particularly the receipts of OP No.2 as to payment of fees for the purpose and also the mark sheet palpably shows incorrect marks in practical I-Organic Chemistry in M. Sc as 107 out of 100 and it is also clear that they have not sent the correct mark sheet.
This OP has clearly stated in his written version that the University is the Authority and they will supply the same and for that this OP is not in a position to supply the correct mark sheet.
That being so, we can safely conclude relying upon the above averment of the OP No.2 that this OP is to pay refund Rs.23, 000/- and compensation of Rs.5, 000/- to the complainant.
As there is no direct involvement of OP No.1 with this case particularly in the matter of receiving fees, the claim against OP No.1 is dismissed ex parte.
Considering the above discussions as a whole, we hold that all the points are disposed of on contest in part against the OP No.2 and as such the complainant will get refund of Rs.23,000/- and compensation of Rs.5,000/- from the OP No.2.
Hence,
Ordered
that the Consumer Complaint No. 57/2015 be and the same is allowed on contest against the OP No.2 and dismissed ex parte against the OP No.1.
The OP No.2 Principal, Scholar Correspondence College, Chuanpur, P.O. Chaltia, Murshidabad is directed to refund Rs. 23,000/- and Rs.5, 000/- as compensation to the Complainant within 60 days from the date of this order, failing which the OP No.2 is to pay Rs.50/- as fine for days’ delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President.
