Orissa

Rayagada

CC/23/2016

Sri Ishadatta Pani - Complainant(s)

Versus

Sri Simanchal Patel, Teacher - Opp.Party(s)

Sri V.R.M Patnaik

30 Dec 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGAD

C.C. Case  No.23/ 2016.

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Sri Gadadhara Sahu,B.Sc.,                                    Member.

 

            Sri Ishadatta Pani,S/o Sri Prabhas Chandra Pani, Aged about 29 years, Resident of            Chalakamba,  P.S.Gunupur, Dist. Rayagada.

                                                                                                            …….Complainant

                                                            Vrs.

1. Sri Simanchal Patel, Teacher, Govt.High School, Near Bus Stand,Chandrapaur, P.O.Chandrapur, P.S.Chandrapur, Dist. Rayagada, Odisha
2. Sri Devi Prasad Padhi, Managing Director, Periyar Institute of Distance Education,Gourinivas, Biswanath Trust Road, Khamapalli, Berhampur, P.O. Berhampur , Dist. Ganjam,Odisha. Principal,
3. Controller of Examination ,Periyar University, Periyar Institute of Distance Education,(PRIDE)Salem-636011.                                …..…..Opp.Parties

Counsel for the parties:

For the complainant: Sri V.R.M Patnaik, Advocate, Rayagada.

For the O.P 2 & 3 : Sri J.K.Sahu  &Associates Advocate, Berhampur.

For the OP 3: Set Exparte.

                                                               JUDGMENT

The case of the complaint is that for higher study the complainant has paid Rs.20,000/- to the Ops but the Ops have not issued any money receipt  and only issued an identity card to the complainant vide enrollment NO.CIIUEN12810001 and the name of the course is BA(English) year of admission 2011.  The complainant appeared 1^st and 2^nd year Degree examination and could not pass in one subject and hence he appeared for the same subject  on 9.11.2012 and passed in the subject. The OP 3 issued mark list to the complainant and after passing of 1^st and 2^nd  year the complainant appeared final examination in the year 2011 and the OP 1 & 2   stated that the complainant has passed the final year examination but  the complainant has not received the mark sheet and also certificate of  examination from OP 3. The complainant approaches several times   for issue of mark sheet and certificate  but the Ops kept silent and did not issue the same. Hence prayed to direct the Ops to send the degree certificate, mark sheet or else refund the deposited amount of Rs.20,000/-  with interest and compensation and legal expenses. Hence, this complaint. 

Being noticed the O.P 2 & 3 appeared  through their Counsel and  filed written version inter alia denying the petition allegations on all its material particulars. The OP 3 neither appeared nor filed written version as such the OP 3 was set exparte. The OP 2 though appeared through counsel  but did not file its counter.

The O.p  3    submitted that the complaint is not maintainable before the forum since there is no service deficiency . That no student was allotted with enrolment No.CIIUEN12810001 but there is a student admitted with enrolment NO.BC11UEN1281001 who had appeared in 10 papers during December,2011out of which  he failed in one subject. It was also found that  he has cleared five papers during December,2011  and also cleared one subject during June,2012 and now by matching the name with faulty enrolment number this had been found out. As the complainant had written the enrolment number wrongly on some answer books, those marks could not be reflected on his mark statement and for  this he never approached the university. The Opposite party undertakes to release the result and mark statement  provided that this forum is satisfied that the complainant is the person who is entitled to receive the same. Hence prayed to treat this opposite party as formal party  for proper adjudication of this case.                                                              

                                               FINDINGS

On perusal of the records we find  in the instant case the complainant  has admitted in the institute of the OP 1 and deposited Rs.20,000/-  and after passing of the examination the Ops are not  giving the pass certificate . The OP 3 submitted that as the complainant has wrongly mentioned his enrolment number  on some answer books, those marks could not be reflected on his mark statement and for  this he never approached the university and the Opposite party undertakes to release the result and mark statement. 

Now the point is to be decided whether the complainant is a consumer ?

It is clearly basing on the principles, it is laid down and reported  on 2011(2) CPR-94(NC) and reported in 2005(I) OLR(CSR)71 that educational institution imparting of education b y an educational institution for consideration  falls within the ambit of service as defined in the Act. A student who takes admission in the educational institution hires the service of the educational institution for consideration, he is a consumer as defined under the Act.

The Hon’ble Supreme Court issued directives reported in S.C.C(Supreme Court Cases)(2006) 3, Page No.429 as per aid directive you are liable for the consequences and for non compliance. Further more the matter is pending more than one year and from the said period till today non issuance of the same amounts to deficiency of service. The student who have appeared examination is deprived of their appointment in  the absence of the certificate putting them into mental agony and financial loss.

On perusal of the record, the complaint petition and documents, apex court citations there exists a strong “primafacie case” in favour of the complainant.

In the instant  since the Op 3 has admitted and undertakes to  release the result  and mark sheet we  do not feel it necessary to go into the depth of the case and hence, to meet the ends of justice, the following order is passed.

                                              ORDER

The Ops are ordered to issue the certificate  and mark sheets of the  complainant immediately within one month failing which the Ops are liable to refund the deposited amount of admission along with compensation of Rs.10,000/- to the complainant. The Ops are ordered to make compliance of the above order within 30 days from the date of receipt of this order.

                        Pronounced in open forum today on this 29^th of December,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

                      Member                                                                         President

Documents relied upon:

By the complainant:

1. Copy of Identity Card
2. Copy of Statement of Marks

By the Ops: Nil

 

                                                                                                President