For Complainant : Sri M. Ravindra, Advocate & associates.
For Ops 1 & 2 : None.
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1. The brief history of the case of the complainant is that one Mr. Ravi representing the Ops 1 & 2 approached the complainant and stated that their institution is offering education to the aspiring candidates in different fields for non regular students. Mr. Ravi also stated that the OP.1 is offering B. Ed course for 2 years with 4 Semesters and each Semester will be conducted within a period of 6 months and the total fee is Rs.60, 000/- i.e. @ Rs.15, 000/- per semester. It is submitted that the complainant being convinced had agreed to join in the college of the Ops and transferred Rs.15, 000/- to the account of one K. Ravi Chandra through online banking from Jeypore on 17.10.2016 and sent original documents to Ops on 21.11.2016. The Ops also supplied study materials and examination time table and directed the complainant to be present in the college on 21.2.2017. The complainant on reaching the college could know that the OP.1 was not even affiliated to any university and the OP.2 revealed that they have filed a Writ Petition before the Hon’ble High Court of Andhra Pradesh for affiliation and that any moment an interim order may come out before commencement of 1st semester. It is further submitted that no order from any authority came and the OP.2 has returned the certificates of the complainant along with fees taken from him. The complainant also further submitted that there was no course in any university offering B. Ed externally and the Ops were playing with the valuable time and career of the complainant. Thus alleging deficiency in service on the part of the Ops, the complainant has prayed the Forum to direct the Ops to pay Rs.1, 00,000/- towards compensation to the complainant.
2. The Ops in spite of valid notice neither filed counter nor participated in the proceeding in any manner.After repeated adjournments we heard from the complainant through his A/R and perused the materials on record for orders on merit.
3. In this case, the OP No.1 is an educational institution and the OP No.2 is the Principal of that institution/college. They are imparting education in various subjects as stated by the complainant. They are in a business spree by allowing intending candidates from outside the state and in this manner the Ops have deputed one Mr. Ravi to Jeypore in Koraput district of Odisha for furtherance their business. The present complainant being an aspirant to B. Ed. course has been approached by Mr. Ravi and being convinced, the complainant has agreed to continue in the college of Ops as non regular student for B. Ed. Course. Accordingly, as per advice of Mr. Ravi the complainant has sent original certificates and transferred an amount of Rs.15, 000/- towards fees for the 1st semester to the account of one K. Ravi Chandra of Ops through online banking from Jeypore. The complainant stated that the Ops have acknowledged the receipt of money and supplied study materials along with exam time table directing the complainant to appear 1st semester on 21.2.2017. The complainant after reaching the college to appear semester could only know that the college is not affiliated to any university and the college authorities on approach told that they have filed a Writ Petition before the High Court of A.P. to get a favourable order. The complainant further stated that there were hundreds of students mainly from Odisha waiting on the verandah of OP.1 to sit in the examination hall but they were not issued hall ticket and at last no order was obtained by the Ops as promised. Later on the OP returned the fees along with certificates to the complainant.
4. In absence of counter and participation of Ops in this proceeding, the allegation made by the complainant remained unchallenged. The complainant has also filed affidavit in support of his case. In this case, the complainant was solicited by the agent of the Ops making him believe that the college is affiliated to Andhra University for B. Ed. Course offering education privately. The complainant has sent original documents and also semester fees to the Ops. The complainant must have thoroughly prepared for the 1st semester exam by pending his valuable time with a hope to achieve good marks but on 21.2.2017 when the complainant went to appear the semester examination, to his utter surprise, came to know from the Ops that the college is not affiliated to any university and they are trying to get such affiliation through court of law. In the above circumstances, as we feel, the future of the complainant was at stake. At last finding no other go, the Ops have returned the certificates in original along with fees taken by them. Thus the complainant has lost his valuable time preparing for the examination and going all the way to Visakhapatnam for appearing the examination but due to such inaction of the Ops, the complainant could not appear the examination in spite of wastage of money and time. For non appearing the examination, the complainant must have suffered some mental agony and has come up with this case incurring some expenditure for which he is entitled for some compensation and cost of this litigation. In is seen that, the Ops have supplied study materials to the complainant for B.Ed. course. Considering the sufferings of the complainant, we feel a sum of Rs.10, 000/- towards compensation and cost in his favour will meet the ends of justice.
5. Hence ordered that the complaint petition is allowed in part and the OP No.2 is directed to pay Rs.10, 000/- towards compensation and cost to the complainant within 30 days from the date of communication of this order.
(to dict.)