BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

18^TH DAY OF FEBRUARY 2016

O R D E R

SMT. M. YASHODHAMMA, MEMBER

This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 seeking direction against Opposite Party (herein after referred as OP) to issue BBM Degree Certificate along with marks sheets of 4^th, 5^th and 6^th Semester and compensation of Rs.18,00,000/- on the allegations of deficiency in service.

2.  The brief averments made in the complaint are as follows:

In the year 2007 complainant’s son Mr.Shanjan Sudan joined Bangalore City College, Chelikere, Bangalore, which is affiliated to Bangalore University to pursue his course BBM course.  Till the year 2009 everything was fine, complainant’s son cleared first three semesters, but during 4^th semester, when he was in Delhi, due to ill health he was unable to submit his 4^th semester examination fees in time and in the process could not appear for the examination of 4^th semester.  The management of Bangalore City College asked him to appear for the 4^th semester simultaneously along with 6^th semester.  In the year 2009 he took his 5^th semester examination in June-2010 after paying examination fee he appeared for 4^th and 6^th semester together and cleared both of them.  In June-2011 he has cleared all the semesters. Complainant was pursuing this matter with Bangalore City College and Bangalore University to release result of his son, but to no avail. He personally met Assistant Registrar, in September 2012 who promised him that the matter with regard to marks sheet and degree will be well settled within six months.  But inspite of his multiple visits to the university they failed to submit the result to the complainant.  In November 2014 when university failed to deliver his marks sheet, complainant’s son sought the relief under RTI dated 20.11.2014.  On 17.12.2014 OP responded to their RTI application stating that complainant’s son was not eligible for 4^th semester BBM examination in the year 2010, as he has not paid his fees in 2009.  But complainant failed to understand that how his son obtained the hall ticket for which he has paid the fees.  Complainant have the receipt of fees, to prove that fee has been paid and subsequently, the hall ticket has been obtained.  The complainant’s son had paid fee for all the semesters and in process obtained the hall ticket and ultimately cleared all the semesters as well (he appeared for the 5^th semester before the 4^th one as per the university advise/guidelines) but chronology of semesters was not maintained.  Now, they are withholding the marks sheets of his son of 4^th, 5^th and 6^th semesters and in the process degree as well, which is at most irresponsible and insensitive on their part, ultimately spoiled his son’s carrier as he has been unable to prosecute his master degree, which he would have taken up in the year 2011 and remained jobless till date. Ultimately his son lost 4 precious years of his academic carrier and also put financial burden on the complainant, as he remained jobless till date.  Hence complainant’s son wrote a letter dated 08.08.2015 stating he has all the documents to prove that he has paid the fees for all semesters and cleared all the semesters.  Since four years he has not received his marks sheets and degree, he is unable to prove his post-graduation and requested OP to release his credentials within 15 days or else he will be left with no option but to approach the consumer forum for justice.  There was no response from OP to the said letter.  Hence, complainant felt deficiency in service on the part of the OP.  Under the circumstances, he is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to OP.  Inspite of service of notice OP remained absent without any sufficient reason or cause.  Hence OP was placed exparte and posted the case for filing affidavit of the complainant.

4. So as to prove his case, Mr.Kamal N.Sudan, who being the complainant and Special Power of Attorney holder of his son Shanjan Sudan filed his affidavit by way of evidence in support of complaint reiterating the complaint averments and produced documents.

5. The above said assertions of the complainant have remained unchallenged. OP neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6.  Let us have a cursory glance at the documents produced by the complainant.  Document No.1 is Special Power of Attorney  dated 11.10.2015 issued by Shanjan Sudan in favour of his father Kamal N.Sudan dated 11.10.2015 authorizing the complainant to file his case before Consumer Forum. Document No.2 is copy of the Voter ID of Shanjan Sudan. Document No.3 is copy of the DL of the complainant. Document No.4 is the copy of the ID card issued by Bangalore City College in the name of Shanjan Sudan.  Document No.5 is copy of the medical advice given by Dr.Vijay Aggarwal Victoria Memorial Hospital, New Delhi advising rest to Mr.Shanjan Sudanfrom 27.05.2009 to 20.08.2009. Document No.6 is copy of the acknowledgement issued by Bangalore University dated 11.04.2011 for having received letter from Bangalore City College.  Document No.7 and 8 are the copies of the Provisional receipts issued by Bangalore City College dated 10.08.2007 and dated 30.07.2007 for having received a sum of Rs.20,000/- towards admission fees and Rs.10,500/- towards  Application/Prospectus/Admission Advance from Shanjan Sudan. Document No.9 is the copy of the examination Registration form for the degree of Bachelor of Business Management in the name of Shanjan Sudan.  Document No.10 is the copy of the Admission card issued by Bangalore University, for university examinations of May and June 2010 for the subjects Financial accounting and Organizational Behavior, date of examination being 18.05.2010 and 22.05.2010 for 2^nd semester.  Document No.11 and 12 are also admission cards issued by Bangalore University dated 12.05.2010 for 4^th semester and 6^th semesters.  Document No.13 is the copy of the IV semester BBM internal marks 2008-09.  Document No.14 is the copy of the V semester BBM internal marks 2009-10.  Document No.15 is the copy of the provisional tabulation sheet (college copy) showing the result of the complainant’s son as failed in 4^th semester.  Document No.16 is the copy of the statement of marks of 4^th semester BBM dated 25.08.2010 showing the result of 4^th semester as failed.  Document No.17 is the copy of the reply to RTI application from OP to Shanjan Sudhan dated 17.12.2014 informing that neither complainant’s son has paid the fees for May 2009 nor taken permission from University to write the 4^th semester B.B.M. exam in the year 2010.  Hence result of 4^th, 5^th and 6^th were not announced. Document No.18 is copy of letter dated 08.08.2015 from Shanjan Sudan to Bangalore University stating even after four years of clearing all the semesters OP has not released his marks sheet and degree certificate and he has got all the documents to prove that he has paid fees for all semesters and cleared all semesters and OP has spoiled his career. Now he is unable to pursue his post-graduation and his career is at stake. Hence, requesting the OP to release his credentials within 15 days failing which he will approach court for justice. 

7. From the available materials on record, it is made crystal clear that the complainant’s son Mr.Shanjan Sudan joined Bangalore City College in the year 2007 to peruse his BBM course.  Due to his ill health he was unable to write the exam of 4^th semester in the year 2009 and unable to pay the fees for the said exam in time.  Further it is contended by the complainant that as per the advice of the college complainant’s son took the exam of 4^th semester along with 6^th semester.  In June 2010 complainant’s son took both 4^th and 6^th semester examinations together, after paying the fees and cleared them.  Complainant claims that his son in June 2011 cleared all his semesters however in support of this contention complainant has neither produced any documents nor made the Bangalore City College, Chelikere, Bangalore as a party to this complaint to substantiate his contention.  In the absence any material evidence we are unable to come to the conclusion that complainant’s son has passed in all the semesters.  Complainant has approached the college in the year 2011 requesting to release the result of his son.  Though OP has promised to settle the matter within six months has failed to respond.  OP on 17.12.2014 replied under RTI stating his son has neither paid fees in 2009 nor taken permission from college to write 4^th semester exam in 2010.  Hence, results are not announced.  Left with no alternative complainant gave his final representation dated 08.08.2015 calling upon OP to release the result of his son within 15 days failing which he will approach court for justice.  There was no response from OP.  Hence, this complaint.

8. From the available materials on record it is clear that complainant’s son is a student of BBM course in Bangalore City College as per Document No.1, College ID card.  In the year 2009-10 complainant’s son could not take up the 4^th semester exam due to his ill health and could not pay the fees.  In support of this contention complainant has produced doctor’s medical certificate dated 20.06.2009 stating his son was advised rest for the period from 27.05.2009 to 20.08.2009.  It is contended by the complainant that later on as per the advice of the college, his son took the exam of 4^th semester simultaneously along with 6^th semester in June 2010, after paying the fees he took the admission ticket and cleared both the semesters.  By June 2011, he has cleared all the semesters, but not chronologically.  Complainant has failed to substantiate his claim by producing necessary documents to show that he has cleared all the semesters, from 2011 to 2014 and OP has failed to deliver the marks sheet of the complainant’s son.  Thus, complainant failed to prove deficiency in service against OP. Under the given circumstances, complainant is not entitled for compensation claimed.  However, we are of the considered view that OP is liable to release the result and to issue marks sheet of the 4^th, 5^th and 6^th semester, of the complainant’s son namely Mr.Shanjan Sudan, within 3 months from the date of receipt of this order, if he has passed in all the semesters and has paid the fees.  Accordingly, we proceed to pass the following:

                                  O R D E R

1. The complaint filed by complainant is allowed in part. 

2. OP is directed to release the result and marks sheets of the 4^th, 5^th and 6^th semester of the BBM course of the complainant’s son Mr.Shanjun Sudan, subject to payment of fees.

3. This order shall be complied within 3 months from the date of receipt of this order.

4. Supply free copy of this order to both the parties.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Forum by us on this the 18^th day of February 2016)

 MEMBER                         MEMBER                       PRESIDENT

NRS* 

CC.No.1732/2015

Witnesses examined on behalf of the complainant dated 31.12.2015- Sri.Kamal N Sudan

Witnesses examined on behalf of the OP – Absent

List of documents produced by the OP – Nil

MEMBER                          MEMBER                       PRESIDENT