​DEBASIS BHATTACHARYA, PRESIDING MEMBER

         This appeal is directed against order dated 27.11.2014 in Case No. 446/2014 passed by the Ld. District Consumer Disputes Redressal  Forum, South 24 Parganas (For short, District Forum). By the impugned order, the Ld. District Forum has allowed the case ex parte. Being aggrieved by and/or dissatisfied with the same, the OP No. 1 has preferred this appeal.

        The case of the Complainant is that  he took admission for course of M.Phil in Computer Science under Manab Bharati University through the OP No. 1, and paid Rs.52,000/- as course fee including examination fees to the OP No. 1 on different dates as per demand by the OP No. 1 and was given money receipts . The final examination took place in December, 2011 and the Complainant waited for a reasonable period for his result and mark sheet and contacted the OP Nos. 1 and 2 through e-mails and in person, and he was given assurance in the matter, but he did not receive any mark sheet and/or post graduate degree and has already wasted  three valuable academic years for the careless and negligent acts and deeds of the  OPs. The OP No. 1 concealed the fact that Manab Bharati University has no off campus affiliated colleges or regional centres beyond the territory of Himachal Pradesh as per U.G.C. (Establishment of and Maintenance of Standards in Private University) Regulation, 2003. Therefore, the OP No. 1 have done malpractice with the sole intention to defraud the Complainant and to make illegal monetary gain.
The OP No.1 has received Rs.52,000/- from the Complainant by issuing false and frivolous identity card and registration number, which he came to know from the prospectus/ brochure of the Manab Bharati University given to the Complainant. He has also obtained an information from the U.G.C. under Right to Information Act, 2005  in respect of authorisation of Manab Bharati University of Himachal Pradesh to open its  study centre/off campus Centre beyond the territorial jurisdiction. Accordingly, he lodged a complaint against the OP No. 1 before the Patuli PS on 29.06.2013, which it did not receive and  the same has been lodged before the Deputy Commissioner, Kolkata on 04.07.2013. Finding no other alternative, the Complainant issued a legal notice dated 13.03.2014 though his Ld. Advocate to settle the legitimate claims within 7 days from the date of receipt of the notice, which was replied through their Ld. Advocate by a  letter dated 25.03.2014 denying the allegations. Accordingly,  the case.

         It is to be considered if the impugned order suffers from any kind of anomaly  so as to make any interference in it.

Decision with reasons

        Ld. Advocate for the appellant submitted that it is an ex pate order which was passed  without service of notice. In fact, the execution case has been made  in the changed address of the Appellant  which is not in conformity with the address given in the petition of complaint. As such, there was no opportunity to appear and contest the case. Though the  Ld. Advocate for the complainant retired from the case, the matter was taken up . The Ld. District Forum on its own took up the matter and an ex parte order has been passed. Further, in the matter, in reply to the legal notice of the Complainant, the OP No. 1 replied that his mark sheet/ result is lying in the office, which he can take. But, he intentionally filed the case before the Ld. District Forum and got an ex parte order in his   favour.

         Ld.  Advocate for the Respondent No. l has submitted that  by the track report filed  before the Ld. District Forum, it was shown that service on both the OPs  was properly made. On different counts, the OP No. 1 has taken Rs.52,000/- from the Complainant and the documents have been placed before the Ld. District Forum. The final examination took place in December, 20011, and from thereon, he was in the process of getting mark sheet/result. But, till going to prefer the complaint case, he was not handed over the mark sheet/result by the OPs. He came to know that OP No. 1 is a fraud institute. So, he made  a complaint to the OC, Patuli PS, Kolkata 700 094, which was refused. Thereafter, he sent the same to the higher official of the police and police sprung into action. Then a false result- cum-detailed marks card of the Manav Bharti Univesity was given to him which shows that the annual examination was taken in June, 2011, which was actually done in December, 2011 and the said paper was given with  date of 27.09.2011. This paper is made upon  total falsehood. Police has also filed charge sheet against the Appellant in the matter, u/s 420/406, IPC. There are 15 other cases running against them. In fact, Manav Bharti University has not authorised the OP No. 1 to conduct any examination and to run any course.  Further, the U.G.C. has not permitted Manav Bharti University to open study centre/off campus centre beyond the territorial jurisdiction of Himachal Pradesh.  This is a false study centre only to make illegal monetary gains from hapeless  students.

        On a consideration of all materials on record, it is found that the Appellant has no leg to stand on. The appeal has got no merit. The decision of the Ld. District Forum is in tune with the facts of the case. Impugned order is affirmed. The appeal stands dismissed.