D.o.F:24/8/2013

D.o.O:5/4/2014

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                          CC.NO.200/13

                  Dated this, the 5^th      day of April 2014

PRESENT:

SMT.P.RAMADEVI             : PRESIDENT

SMT.BEENA K.G               : MEMBER

SMT.SHIBA.M.SAMUEL    : MEMBER

Mukunda Rao.B,                                               :

S/o Laxmi Narayana Rao(L),

R/at Mukunda Nivas, Achappa Shetty Lane,:            Complainant

Beach Road, Kasaragod- 671121.                    :   

(in person)

Principal,

Government Polytechnic College,                  ;       Opposite party

Periye-671131.

 (Addl.Govt.Pleader)                                                             

                                                              ORDER

SMT.SHIBA.M.SAMUEL    : MEMBER

           The nutshell of the case of the complainant is that he joined in opposite party’s Polytechnic for Diploma in Electrical Engineering(evening) for the year 2012-13.  At the time of  admission opposite party collected  original  certificates of  SSLC ,ITI and National Trade Certificate  and paid Rs.9500/- as admission fee and Rs.600/- as examination fee.  The complainant could not  write the examination due to unavoidable circumstances and discontinued the course.  When the complainant approached for original certificates  opposite party denied to return it and thereby the complainant lost several job  opportunities and had mental agony and it  amounts  to deficiency of service  from the side of the opposite party.

2.   Notice issued to the opposite party appeared and filed version and contended that the complainant failed to remit the required tuition fee during the 2^nd semester and  thus removed from the roll and further contended that the complainant submitted a declaration during his admission stating that he is liable to remit all the fee, whenever he discontinue the course and apply for transfer certificate and also as per the prospectus of the  programme any student who leave the institution without completing the course will have to pay the full fee and moreover the same programme has been implemented purely on self support basis.  Thus the discontinuation of course of students will effect the  entire    programme and have the students who discontinue the course  without completing is liable to remit the balance course fee as liquidated damage for returning the original documents.

3.  Complainant was examined as PW1 and Exts A1&A2  marked .  On the side of  opposite party Exts.B1 to B3 were marked .   On close  perusal of Ext.A2  that is the reply notice of Ext.A1 notice sent by the opposite party  and Ext.B2 which is the declaration made by the complainant clearly shows that the complainant is liable to remit all the fee whenever he discontinue the course and apply for transfer certificate  and it is further clarified in Ext.B1 which is the guideline shows for the Diploma Programme that in case of a  candidate who discontinues the course without completing  is liable to remit  full fee on the basis of the declaration.  Hence Ext.B2  is the  most crucial  document in this case and it is pertinent to note that Ext.B1 is printed in Malayalam and the complainant  while  cross examination  categorically stated that he does not know Malayalam  since he studied in Kannada medium and moreover he never intended to apply for any Transfer Certificate without completion  of the programme and moreover PW1 had a specific case that Ext.B1 was not attached to the prospectus which he downloaded it through online.   When there is  a contradictory  opinion about the prospectus and its guideline arised we scrutinized  the prospectus carefully and found that the  prospectus  was issued and signed by  senior joint Director (PS).  Whereas   Ext.B1 was issued and signed by Joint Director.  Therefore the statement of the complainant is believable that there  was no such direction  at the time of admission that he should pay the full fee in case  if he discontinue the program.  In this particular case the complainant  discontinued the programme due to some unavoidable reasons.  Therefore the opposite party has no right to withheld the original certificates of PW1 and directed him to pay full fee for returning the document.  Infact the opposite party has failed to give proper instruction to the   candidate at the time of admission  and moreover he never applied for any transfer certificate and in this juncture  it  amounts to deficiency of service  from his part and due to the act of the opposite party  PW1 sustained mental agony and loss of job opportunity  and therefore he is entitled for a relief.

4.   It was held in the case of Bhavika Managalanandan vs Union Of India  in 2011(1)KLT 854 that stipulation to pay the tuition fee for the entire duration of  the  course as a condition for the return of original certificate to a student who  forgoes the admission in  another institution as irrational classification.

   Therefore the complaint is allowed  and directing the opposite party to return the original certificates of PW1 which  are in the custody of the opposite party and also directed the opposite party to pay a sum of Rs.3000/- as compensation for mental pain and agony and  cost of the proceedings.  Time for compliance is limited to 30 days from the date of receipt of copy of the order.

Exts:

A1-26/4/13- copy of lawyer notice

A2-3/5/13- reply notice

B1- copy of guidelines for the diploma programme

B2-Declaration

B3-Prospectus

PW1- Mukunda Rao.B-complainant

Sd/                                                            Sd/                                                                     Sd/

MEMBER                                       MEMBER                                                 PRESIDENT

eva                                                                         /Forwarded by Order/

                                                                 SENIOR SUPERINTENDENT