By : SMT BANDANA ROY, PRESIDENT

          The case of the complainant in brief is that the complainant was admitted in the OP Institution Asha Correspondence College, Contai for the program MA (Eng) from Vinayaka Missions University Selam, Tamilnadu with registered No. 60825/201011110578 (New). He paid course fees of Rs 3000/- to one Ram Chandra Panda, an Assistant of Asha Correspondence college with money receipt. The complainant paid examination fees of Rs. 1500/- in 2012 for Part I to said Ram Chandra Panda without issuance of any money receipt. The complainant appeared in the Part I Examination on and from 16.02.2012 to 21.02.12. Said Ram Chandra Panda supplied the complainant a computer print Mark sheet of Part I Exam where he found compartmental in one paper named British Poetry. Thereafter the complainant paid course fees of Rs. 3000/- for Part II Exam on 15.07.12  against money receipt. He also paid Examination fees of Rs. 2000/- for compartmental paper to said Ram Chandra Panda without any receipt and the complainant appeared in Part II examination without any Hall Ticket in 2013. When the complainant met the college authority for result of Part II Examination he learnt that said Ram Chandra Panda made some disturbance in the college record book. Luckily the complainant met with the OP Ashok Das Adhikary on 01.03.14 and asked for his result of part II Examination. Then  he disclosed that the examination fees of Rs. 1500 for Part II and Rs. 500/- for compartmental paper paid by the complainant  was not recorded in the college record book and so, the answer paper was not available. Again as per advice of Ashoke Babu the complainant deposited Rs 2000/-for part II Examination and fees for compartmental paper to Ashoke Babu on 03.03.14 and appeared in the Examination but still he did not get the answer paper. Thereafter he registered one grievance with NO. 377/2016 against the Assistant Director of the college, Purba Medinipur RO Directorate of CA & FBP Abasbari Tamluk. Then the OP Ashoke Babu sent him a message to collect his mark sheet only. When the complainant went to collect the Mark Sheet the College Authority charged Rs 1250/- for compartmental Examination fees, Rs 500/- for course fees  of part I and Rs 2250/- for provisional certificate. The complainant claimed that he already deposited all the above fees but in vain. Thereafter on 20.06.16 the complainant complained to the AD Purba Medinipur RO at Abasbari against the college for return of excess money they received from the complainant. There in presence of the AD of Consumer Affairs & FBP it was settled that the college would return the money but the complainant have to collect the certificates from Vinayaka Missions University directly. On 19.10.16 the complainant reached Vinayaka Missions University to collect his certificates but in vain as the said Missions University asked him that he had to collect the certificates from the concerned study center.  But ultimately the complainant could not collect the certificates. Consequent to such stress the complainant felt severe pain in his left thigh and hip joint and got medical treatment from Apolo Hospital, Chennai under Dr. P. Banerjee.

          Under such circumstances, the complainant has filed this case with the prayers made in the complaint petition.

          The OP contests the case by filing written version denying all the material allegations of the complaint petition and contended inter alia that the case is not maintainable under provisions of different law. The OP has been impleaded in the case intentionally. The OP admits that he is the member of an approved study center of Vinayaka Missions University. The complainant made contact with him for admission in MA (English) course with the aforesaid University. After thorough discussion Rs. 12,150/- for two years was settled for completion of the course. The petitioner passed the Examination and collected the result and mark sheet from the University through this OP. On 09.06.16 the petitioner again came to the office of the OP regarding the matter of provisional certificate and this OP charged Rs. 2250/- for the provisional certificate including service charge etc. On 25.06.16 the OP informed the petitioner to collect the certificate from the office of the OP but the petitioner did not turn up. The petitioner filed a complaint before the ld CAFBP Purba Medinipur with false and baseless allegations against the OP member. In the settlement before the ld CAFBP Purba Medinipur the petitioner was asked to collect the certificate from the office of the OP but the petitioner did not appear to collect the same. Now he has filed this harassing case against the OP.

Hence, the OP prays for dismissal of the complaint.

                   The only point for consideration is whether the petitioner is entitled to get the relief or reliefs as claimed.

                                                 Decision with Reasons

                We have perused the complaint and the written version and also documents filed by both the parties. It is pertinent to note here that on 20.01.17 the OP has delivered the provisional certificate to the complainant in presence of this Forum. The complainant’s first prayer was a direction on the O P to deliver the same and also the final certificate.  He has already received the provisional certificate.  He has stated that some additional payment has been made i,e, excess money of Rs. 4000/- , mobile bill of Rs. 100/-, total bus fair  to reach the college Rs. 300/-, train fair  to go to Selam, Tamulnadu  Rs. 2180/-, train faire to return to KGP from Chennai Rs. 1621/-, bus fair from Salem to Chennai  Rs. 392/-, Auto fair from Salem to VMU Rs. 200/- x 2 = Rs. 400/- charge of skylink residency  Rs. 3200/-, Meal cost of Rs. 1000/-, Dr. fees of Rs. 800/-, MRI Report cost of Rs. 13,400/-, Medicine cost of Rs. 307/- and mental harassment Rs. 72,000/-, totaling Rs. 1 lakh.

                We have heard the submission of ld. lawyer for the claimant and also the OP.  Admittedly the OP is a member of study center of VM University to provide guidelines of various programs under the department of Arts, IT and Management. Admittedly the complainant went to the office of the OP   for a guideline for admission into MA Course. Admittedly the OP provided service regarding admission in MA under VMU and OP had discussion with the complainant regarding the course fees. OP has stated that complainant passed the examination and collected the result as well as Mark sheet from the University. Admittedly on 09.06.16 the complainant came to the office of the OP  for discussing regarding the provisional  certificate.  The OP demanded fees and service charge regarding the provisional certificate from the complainant i.e Rs. 250/- and Service charge of Rs. 2000/- and   Tatkal fees  within one month. The OP admitted that complainant paid Rs. 250/- for fees and Rs 2000/- for service charge regarding collection of the provisional certificate from the University as normal basis. On 25.06.16 the OP informed the complainant for collection of the provisional certificate but complainant did not turn up. It is also admitted that the OP attended a meeting before the CAFBP Purba Medinipur at Tamluk for settlement but complainant was not interested to receive the provisional certificate from the OP. at that time.

We have perused all the documents and we are convinced that OP was deficient in service in delivering the provisional certificate and final certificate to the complainant. The complainant has received the provisional certificate and OP will definitely deliver the final certificate to the Complainant within 15 days from the date of this order and for the harassment and compensation the complainant is entitled to  a sum of Rs. 10,000/- from the OP including  litigation cost.

          Hence, it is

O R D E R E D

          That the complaint case being No 274 of 2016 be and the same is allowed in part  on contest against the OP.

The OP is directed to deliver the final certificate and Rs. 10,000/- as compensation towards harassment and mental agony of the complainant together with litigation cost    within 15 days from the date of this order, failing which the OP shall be liable to pay Rs 100/- per diem as punitive charge which would be  payable to Consumer Welfare Fund.

          Let copy of the judgment be supplied to all the parties free of costs.