Complainant Harjinder Singh through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) against the Sai Ram College, Gurdaspur has prayed for the necessary directions to the opposite party to pay Rs.25,500/- alongwith interest @ 12 % PA that has illegally been charged from him besides compensation of Rs.60,000/- on account of three wasted academic years and another Rs.5,000/- for litigation expenses in the interest of justice.  

2.       The case of the complainant in brief is that he took admission in the OP College for completing his Graduation (B.A.). The opposite party  College has assured him that they are affiliated with the Global Open University Nagaland and also assured him to complete his Graduation and he completed all the formalities and provided them documents alongwith requisite fee. Opposite party charged Rs.7500/-, Rs.8500/-, Rs.3000/-, Rs.4000/- and Rs.2500/- in three year time of the course. He appeared in examination for the Ist year, IInd year and IIIrd year and the detail marks Card of the Ist year, IInd year and III year has been duly issued to him by the opposite party. “As per detail marks card he has passed all the papers. He has further pleaded that as he has completed the three year course and third DMC has been duly issued in the year 2012 and as such after that he is entitled for degree certificate and in this regard he approached the opposite party many a times but till today no degree has been provided to him. He also came to know that the Global Open University is fake University, if that is the fact then the opposite party is also responsible for wasting his three years intentionally and played with his future. Thus there is deficiency in service on the part of the opposite party. Hence this complaint

 3.      On notice, the opposite party appeared and filed its reply through the counsel taking the preliminary objections that the complaint is not maintainable in the present form and complainant has got no locus standi to file the present complaint and the complaint of the complainant is totally false and was filed only to cause harassment to the opposite party and complaint is liable to be dismissed with costs. On merits, it was submitted that the complainant has approached the opposite party with the request that the wants to get Education of Graduation and he knows from reliable resources that the college of the opposite party is being affiliated with Global Open University, Nagaland. Ultimately the opposite party has enrolled and got admission of the complainant in the University and the course of the complainant was of 3 years which is commenced from 2009 to 2012 and he had appeared in all the examinations which were to be held every year and he has completed his Graduation in the year 2012 and even the University has issued D.MCs of 3 years to the complainant. The opposite party has made aware the complainant regarding the procedure of the University in the month of June 2012 that after receiving D.M.Cs, the complainant would have to contact with the Registrar of the University for getting Degree of the said Course and will abide by the rules and regulations, requisite fee of the University and even after these formalities by the complainant, the Degree would have been sent by the University at the home address of the complainant. But on the contrary, the complainant has not availed this legal remedy and filed this false and frivolous complaint, which is otherwise not maintainable. All other averments made in the complaint have been vehemently denied and prayed for dismissal of the complaint.

4.         Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 to Ex.C9 and closed the evidence. 

5.       Counsel for the opposite party tendered into evidence affidavit of Rashmi Ex.OP-1 and closed the evidence.

6.       We have carefully gone through the pleadings of both the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

7.       From the pleadings and evidence on record it is an admitted case of both the parties that the complainant took admission in the opposite party college for completing his graduation degree and as such hired the services of the opposite party and is a consumer. The complainant has completed the three year course and have even received the DMC’s also of three years. The main grievance of the complainant is that despite having made many visits no degree certificate has been provided to him by the opposite party.

8.     On the other hand, the opposite party has argued that there is a specific procedure of the university for getting degree and as per that procedure after receiving DMC’s, the complainant has to contact with the Registrar of the university for getting Degree of the said course and has to pay the requisite fee of the University and after completing these formalities, the degree will be sent by the University at the home address of the complainant. We further find that as per the statement dated 23.1.2015 of Smt.Rashmi, authorized signatory of the opposite party college she has shown her willingness to help the complainant in applying for the Degree from the university, if complainant approaches her.

9.     In view of the above discussion, we find that this is a fit case which can be decided by giving directions to the parties. Hence we direct the complainant to approach the opposite party college and complete the formalities if any within a period of 15 days from the receipt of copy of orders. The opposite party is also directed to apply for the release of Degree immediately after the completion of formalities by the complainant and further make sincere efforts on their part in getting the Degree delivered to the complainant. The present complaint stand disposed off accordingly.   

10.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                        .                                                                   

                                       (Naveen Puri)

                                                                                    President   

Announced:                                                     (Jagdeep Kaur)

March 17, 2015                                                        Member

*MK*