ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties to return all the original documents i.e. B.S.E., certificate, C.H.S.E., certificate, C.H.S.E. mark sheet & Migration certificate and pay Rs.1,00,000/- towards mental agony, Rs.10,000/- towards cost and Rs.50,000/- towards cost of litigation”.
The brief fact of the case is that, complainant is a permanent resident of village Salijanga, P.O. Sabhamul, Dist. Jagatsinghpur which is under jurisdiction of this Commission. Complainant passed +2 Science in the year 2013 and for future carrier and engagement applied for admission in Medical Laboratory Technology in opposite parties Engineering College i.e. Orissa Institute of Engineering and Technology, At Patimal, P.O. Mahulipada, Dist. Dhenkanal on 07.01.2022. Complainant deposited Rs.20,000/- for admission in Diploma in Medical Laboratory Technology course in opposite parties Engineering College and got admitted. During the process of admission opposite parties had taken original matriculation certificate, CHSE certificate and mark sheet along with migration certificate and C.L.C. from the complainant. The original documents are verified by the opposite parties and they have to return the original documents after submission of Xerox copies of documents. When the complainant asked about the return of his original documents the opposite parties assured him that after one month of admission they returned his original documents. Complainant went to opposite parties office several times and requested to return his original documents but opposite parties did not return the original documents, hence this complaint.
Complainant submitted following documents in support of his case;
- Fee receipt of dt.07.02.2022.
- Xerox of migration certificate, CHSE mark sheet & matriculation certificate.
Notice was issued to opposite parties on 19.01.2023 by Regd. Post but none of opposite parties responded the notice of this Commission. In spite of notice to the opposite parties they never responded and was set ex-parte vide order No.5 on 14.3.2023. As the notice was sent in the correct address with postage prepaid for which notice was deemed to have been sufficient on the opposite parties as the opposite parties preferred not to appear they were set ex-parte and this Commission proceeded to dispose of the case.
As the complainant paid Rs.20,000/- towards admission fee for the professional course of Diploma in Medical Laboratory Technology to the opposite parties so the complainant is a consumer U/s.2 (7)of C.P. Act, 2019. Opposite parties has not returned original certificate of Matriculation and +2 of complainant, for which an unemployed youth unable to apply for any job or any better professional course i.e. it can be affected ones future life for which the opposite parties action is whimsical and non application of mind so opposite parties are negligent on their part which create deficiency of service on the part of opposite parties.
We allowed the complaint. The opposite parties are directed to return the original certificate of the complainant and shall pay Rs.5,000/- as mental agony and Rs.5,000/-for litigation fee to the complainant. The order is carried out within 30 days from the date of receipt of this order. With the aforesaid observation and direction the consumer complaint is disposed of.
