By H.B.Nayak,LLM, President.
Brief facts of the complainant is that he has been badly victimized by the O.P as a student .Having being influenced by O.P,the complainant took admission in B.Sc.(CBZ) believing that the degree is under Jodhpur National University, Jodhpur and O.P’s institute is a study Centre to enroll student ad to co-ordinate the said University. For this, the complainant had paid a sum of Rs.38,000/- to the O.P. on different dates and accordingly money receipt are being supplied to him. The O.P. had conducted examination of the complainant in the aforesaid subject and finally in the year 2015, the present O.P. had issued statement of mark and Provisional certificate too vide Roll NO.817661 in favour of the complainant. In the said certificate the complainant was availed 1st Division.
The complainant made a query about genuineness of his certificate from the said university and came to know that his mark sheet/certificate are fake and false, vide Jodhpur National University letter No.764 dtd.22.5.2015.Therefoe, the complainant alleges factum of cheating/racket against O.P. and claims to be suffered financially and mentally. The complainant also averred unfair trade practice adopted by O.P. in the name of study Centre and franchise. It is also averred that on dtd.8.6.2018, the complainant sent a letter to O.P., but in vain. In view of the matter, being aggrieved with action and conduct of O.P., sought for relief like refund of Rs.38,000/- with 18% interest P.A and further claims Rs.50,000/- and Rs.5,000/- towards compensation and cost of litigation, respectively.
In this case, peruse the case record. It is a case of the year 2018.Notice against the O.P. is not sufficient. The registered post sent to O.P. returned unserved on dtd.26.7.2018 with postal endorsement. After that since 7.8.2018, till date the complainant remained absent and he has not taken any steps from his side to proceed with the case.
Peruse all the Xerox copy of documents only one Xerox copy of money receipt dd.25.6.2015 of Rs.3,000/- is available in the record having seal and signature of O.P’s study center, though the complainant allegedly paid Rs.38,000/- to O.P. for his admission. Letter dtd.18.5.2015 of Rajasthan Govt. Education department vide Letter No.871 and another letter vide No.885 dtd.1.4.2015 of Addl.Director for Police, ATAS and ASOG, Rajasthan, Jaipur, wherein it is all but clear that Police investigation is undertaken regarding the same issue for fabricating false certificates. In this case it is also evident that the complainant is not taking interest to substantiate his complaint nor has adduced any evidence to justify his claim. Further a matter cannot be adjudicated behind the back of the O.P when he has not given chance of being heard and matter is investigated by the Police.
Therefore considering all the facts and circumstances we are of the view that the complaint of the complainant is liable to be dismissed on merit with no cost and compensation against the O.P. Accordingly complaint of the complainant stands dismissed.
Pronounce in open court under the seal and signature of this Commission this the 27th day of June, 2023.
Supply free copy, if applied.
