DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.

CC.No.09 of 07-01-2013

Decided on 23-04-2013

Karamjit Singh aged about 19 years S/o Gurdeep Singh R/o Vill.Kotli Khurd Tehsil Talwandi Sabo, Distt. Bathinda.

........Complainant

Versus

1.Punjabi University, Patiala, through its Vice Chancellor.

2.Superintendent (Registration), Punjabi University, Patiala.

3.Guru Kashi College, Talwandi Sabo, Distt.Bathinda.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt. Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Present:-

For the Complainant: Sh.Naveen Goyal, counsel for complainant.

For Opposite parties: Sh.Sanjay Goyal, counsel for opposite party Nos.1 and 2.

Opposite party No.3 ex-parte.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that after completing his diploma in CSE, the complainant was willing to do degree in B.Sc (Agriculture) and for this he completed all the formalities and he was issued an eligibility certificate by the opposite party No.2 in which it is clearly mentioned 'This is to certify that Karamjeet Singh son/daughter of Gurdeep Singh, mother's name Sarabjit Kaur is eligible to join B.Sc (Agriculture), Guru Kashi College, Damdama Sahib, course/class, subject to submission of migration, verification, deficient paper if any'. Accordingly the opposite parties got completed all the formalities and the complainant got admission in B.Sc (Agriculture). The complainant deposited Rs.24,795/-+Rs.1550/-, total Rs.26,345/- with the opposite parties vide two separate receipts. Thereafter the complainant attended the class for 2 months but all of sudden the opposite party Nos.1 and 2 without assigning any reason has cancelled/withdrawn the eligibility certificate and the opposite party No.3, also cancelled the admission of the complainant without any reason on the basis of the withdrawal of the eligibility certificate issued by the opposite party Nos.1 and 2. Due to the abovesaid act of the opposite parties the valuable year of the complainant has been ruined and he has been pushed back for one year in his life and he has also been deprived of the valuable chance of jobs hence suffered mental harassment. Hence the complainant has filed the present complaint to seek the directions to the opposite parties to refund the amount of Rs.26,345/- alongwith compensation on account of loss of his valuable one year and litigation expenses.

2. Notice was sent to the opposite parties. The opposite party Nos.1 and 2 after appearing before this Forum have filed their joint written statement and pleaded that only provisional eligibility certificate was issued to the complainant subject to verification of his eligibility to join B.Sc. (Agriculture). However at the time of verification, the complainant was found not eligible for B.Sc (Agriculture) and he was immediately informed about the same and he was given admission in B.A Part I in the same session. The fee deposited by the complainant for B.Sc (Agriculture) was adjusted in fee of B.A Part I and the excess fee of Rs.18,950/- was refunded to him vide cheque No.961194 dated 12.2.2013 as per the rules when he was found not eligible for B.Sc (Agriculture) at the time of verification of his papers and he was allowed to join B.A Part I on his request for which he is found eligible. The opposite party Nos.1 and 2 denied that the complainant has been pushed back for one year or he has suffered any loss. Hence there is no deficiency in service on the part of the opposite party Nos.1 and 2. The complainant cannot be allowed to pursue the course for which he is not found eligible.

3. The opposite party No.3 despite receiving the summons has not appeared before this Forum hence ex-parte proceedings are taken against the opposite party No.3.

4. The parties have led their evidence in support of their respective pleadings.

5. Arguments heard. The record alongwith written submissions submitted by the parties perused.

6. Admitted facts of the parties are that the complainant has sought admission in B.Sc (Agriculture) and has deposited Rs.24,795/-+Rs.1550/-, total Rs.26,345/- with the opposite parties.

7. The complainant completed all the formalities and the opposite party No.2 has given him an eligibility certificate in which it has been duly mentioned 'It is to certify that Karamjeet Singh son/daughter of Gurdeep Singh, mother's name Sarabjit Kaur is eligible to join B.Sc (Agriculture), Guru Kashi College, Damdama Sahib, course/class, subject to submission of migration, verification, deficient paper if any'. Relying upon this document Ex.C2 the complainant averred that he has been given admission in B.Sc (Agriculture) and he has attended the class for 2 months but thereafter all of sudden the opposite party Nos.1 and 2 without assigning any reason has cancelled/withdrawn his eligibility certificate and the opposite party No.3, also cancelled his admission without any reason on the basis of the withdrawal of the eligibility certificate issued by the opposite party Nos.1 and 2. The document Ex.C2 on which the complainant relied upon, its perusal shows that this is the provisional eligibility certificate and on the basis of this provisional eligibility certificate at the time of verification the complainant was found not eligible and he was informed about it and has been given the admission in B.A Part I in the same session. The fee deposited by him for B.Sc (Agriculture) was adjusted in fee of B.A Part I and excess fee of Rs.18,950/- was refunded to him vide cheque No.961194 dated 12.2.2013 as per the rules. The opposite party No.1 has given the admission to the complainant in B.A Part I keeping in view that his one year should not be wasted as he was found eligible for the admission in B.A Part I.

8. The complainant was duly informed that as the subject combination of the complainant was not appropriate accordingly his eligibility certificate was cancelled. So the name of the complainant was added in the list of candidate of B.A Part I in session 2012-13 vide Ex.R5 and accordingly he was issued the registration No.2114-12-31 dated 28.7.2012 and College Roll No.542 and the amount of Rs.18,950/- was refunded to him.

9. Thus from the facts, circumstances and evidence placed on file it has been concluded that the complainant was not found eligible for B.Sc (Agriculture) he was duly intimated regarding the same by the opposite parties and the opposite party Nos.1 and 2 cancelled his provisional eligibility certificate and gave him the admission in B.A Part I. After deducting the fee of B.A Part I, the remaining excess fee amount has been refunded to the complainant by the opposite party Nos.1 and 2. Thus the complainant has failed to prove any deficiency on the part of the opposite parties. Hence this complaint is dismissed without any order as to cost.

10. A copy of this order be sent to the parties concerned free of cost and the file be consigned to the record.

Pronounced

23-04-2013

(Vikramjit Kaur Soni)

President

 

 

(Sukhwinder Kaur)

Member