IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 25th day of November, 2014.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member-I)
Smt. Sheela Jacob (Member-II)
C.C.No.79/2014 (Filed on 19.06.2014)
Between:
Sony Mathew,
Plamoottil House,
Nellickamon.P.O.,
Ranni,
Pathanamthitta Dist.
(By Adv. Reno Zac Vadekathra) ….. Complainant
And:
St. Gregorious Education Foundation,
Kulathenal Building, Anappara,
Pathanamthitta – 689 645,
Rep. by its Director.
(By Adv. V. Rajesh) ….. Opposite party
O R D E R
Sri. Jacob Stephen (President):
Complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that opposite party is the approved agent of CMJ University, Shillong, Meghalaya for admitting students and providing study materials and for conducting B.Com Decree examination as per the advertisement published by the opposite party. On the basis of the said advertisement, complainant secured admission for B.Com degree of the said University through the opposite party by paying Rs.42,000/- towards fees and other expenses. Thereafter the complainant had completed the course and had appeared for the 1st, 2nd and 3rd year examinations. He also passed the examinations and received his mark list and provisional certificate. But he had not received his decree certificate even after a lapse of 20 months from the completion of his course in spite of his request for the same. So the complainant issued a legal notice to the opposite party on 23.05.2014, which was received by the opposite party on 24.05.2014. Even after the receipt of the legal notice also, the opposite party has not issued the degree certificate or sent any reply to the said notice. The non-issuance of the degree certificate by the opposite party is a clear deficiency in service, which caused mental agony and other damages to the complainant and hence the opposite party is liable to the complainant for the same. Hence this complaint for an order directing the opposite party to issue the Degree Certificate or in the alternative directing the opposite parties to pay a total amount of Rs.4,50,000/- for compensating the complainant’s loss and sufferings.
3. Opposite party filed his version with the following main contentions:- Opposite party admitted the receipt of Rs.42,000/- from the complainant. According to him, he had arranged admission and on the basis of the said admission the complainant had completed the course and passed the examinations conducted by the University and he had arranged the mark list, provisional certificate and other certificates in connection with the course to the complainant. Application for the issuance of the Decree Certificate is also sent to the university. But before issuing the decree certificate, University Grants Commission had temporarily withdrawned the recognition of the said CMJ University in the year 2013 in connection with a case registered against the said university. Thereafter the University approached the Hon’ble High Court of Shillong and Hon’ble Supreme Court seeking legal remedies and the Hon’ble Supreme Court directed the State of Meghalaya in SLP No.19617/13 to consider and take a decision on the subject of giving recognition of the university and the said matters are still pending. Further, in an another SLP filed by some students from Kerala like the complainant, the Hon’ble Supreme Court directed the Meghalaya Govt. to give an opportunity for hearing the students of the said university before taking any decision in the matter of recognition of the university. All the above developments were known to the complainants. Further on the direction of the Hon’ble Supreme Court the complainant also made representation to the Govt. of Meghalaya raising his grievances. The said proceedings are also pending and opposite party himself had arranged advocate for appearing before the authorities of Meghalaya Govt. for the complainant and such other students. The issuance of degree certificate is vested to the university and opposite party has nothing do with the issuance of the degree certificate from the university. The complainant alone is the only person to apply for the original degree certificate on payment of specified fees and opposite party had no role in the process of applying and issuance of the certificate from the university. In this case the complainant is free to apply for his original degree certificate before the university after the completion of the legal proceedings that are going on in connection with the withdrawal of the recognition of the university. Opposite party had done his part perfectly without any deficiency in service till the issuance of the provisional certificate and the non-issuance of the degree certificate is on the basis of the cases that are pending and the opposite party is no way responsible or liable for the issuance of the degree certificate by the university. In the circumstance, opposite party has not committed any deficiency in service as alleged by the complainant. With the above contentions, opposite party prays for the dismissal of the complaint.
4. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral depositions of PW1, DW1 and Exts.A1 to A5 series and B1 to B3. After closure of evidence, both sides were heard.
6. The Point:- The complainant’s case is that he had joined in the B.Com Degree Course of CMJ University, Shillong, Meghalaya through opposite party by paying Rs.42,000/-. He had completed his course and passed the examinations and received the mark lists and provisional certificate. But he had not received the degree certificate so far in spite of the request to the opposite party for the same. The non-issuance of the degree certificate by the opposite party is a clear deficiency in service and he is liable to the complainant for the same. So he prays for allowing the complaint.
7. In order to prove his case, the complainant had filed a proof affidavit in lieu of his chief examination along with certain documents. On the basis of the proof affidavit, the complainant was examined as PW1 and the documents produced are marked as Ext.A1 to A5 series. Ext.A1 is the advertisement of the opposite party in Malayala Manorama daily dated 18.10.2012 in respect of the course to which the complainant secured the admission. Ext.2 to 2(f) are the receipts issued by the opposite party in the name of the complainant showing the receipt of a total amount of Rs.32,000/- from the complainant as registration fee, tuition fee etc. Ext.A3 to A3(b) are the copies of mark list of the complainant issued by the CMJ University to the complainant showing the marks secured by him for his 1st year, 2nd year and 3rd year examination. Ext.A4 is the copy of the provisional certificate issued by the university in the name of the complainant. Ext.A5 to A5(b) are the copy of registered notice and its postal receipts and A/d cards respectively issued by the complainant to the opposite party.
8. On the other hand, the main contention of the opposite party is that though they are the approved agency of the university, their duty starts from securing the admission to the final examinations. In this case, they have discharged their duties perfectly from the admission to the final examinations. Complainant had also no allegation against the opposite party from the admission to the examinations. Mark list, provisional certificate and degree certificates are to be issued by the university and the opposite party has no responsibility for the same. Even then, the complainant had received the provisional certificate too. The non-issuance of the degree certificate is not due to any of the faults of the opposite party and it so happened due to the withdrawal of the recognition of the university by the U.G.C. Litigations are also pending in this matter and the complainant herein also is a party in the said litigations. Therefore, the complainant is not entitled to file a complaint like this against the opposite party as the complaint is well aware of the real facts. Therefore, opposite party argued for the dismissal of the complaint.
9. In order to prove the contention of the opposite party, opposite party filed a proof affidavit in lieu of his chief examination along with 3 documents. On the basis of the proof affidavit, he was examined as DW1 and the documents produced were marked as Exts.B1 to B3. Ext.B1 is the photocopy of an order dated 13.09.2013 of the Hon’ble Supreme Court of India in connection SLP 13359/13. Ext.B2 is a copy of notice dated 14.02.2014 issued by the Director of Higher and Technical Education, Meghalaya, Shillong in connection with the hearing of the students related to the litigations between the university and the Govt. Ext.B3 is a copy of the letter of authority executed by the complainant in favour of advocate Mr. P.K. Ibrahim for representing the complainant in the above proceedings.
10. On the basis of the contentions and arguments of the parties, we have perused the entire materials on record and found that the parties have no dispute with regard to the relationship between the parties, the admission, examination, and the issuance of the mark list and the provisional degree certificate. The only dispute is with regard to the non-issuance of the degree certificate. According the complainant, the non receipt of his degree certificate is due to the deficiency in service of the opposite party. At the same time, the contention of the opposite party is that the issuance of degree certificate is vested with the university and he is not responsible for the non issuance of the degree certificate and said the non-issuance of the degree certificate is due to the above mentioned pending litigations between the Govt. of Meghalaya and the University and others. The available evidence clearly shows that the non-issuance of the degree certificate is due to the aforesaid reasons.
11. Moreover, the educational consultancy or an agent of a university cannot be held liable for the non-issuance of a degree certificate, as the said matter is solely vest with the university. Since the complainant had no allegation up to the issuance of the provisional certificate, the complainant is not entitled to raise an allegation against the opposite party for the non-receipt of the degree certificate as the powers for issuing degree certificate is vested with the university. Moreover, from the available evidence it is crystal clear that the complainant is a party in the pending proceedings/litigations that are going on at Meghalaya. In the circumstances, we cannot find any deficiency in service from the part of the opposite party and hence this complaint is found not allowable.
12. In the result, this complaint is dismissed. No cost.
Declared in the Open Forum on this the 25th day of November, 2014.
(Sd/-)
Jacob Stephen,
(President)
Smt. K.P. Padmasree (Member - I) : (Sd/-)
Smt. Sheela Jacob (Member - II) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Sony Mathew
Exhibits marked on the side of the complainant:
A1 : Advertisement of the opposite party in Malayala Manorama
daily dated 18.10.2012.
A2 to 2(f) : Receipts (7 in number) issued by the opposite party in
the name of the complainant.
A3 to A3(b) : Photocopy of the mark list of the complainant issued
by the CMJ University to the complainant.
A4 : Copy of the provisional certificate issued by the university in
the name of the complainant.
A5 to A5(b) : Copy of registered notice and its postal receipts and
A/d cards respectively issued by the complainant.
Witness examined on the side of the opposite party:
DW1 : K.G.Antony
Exhibits marked on the side of the opposite party:
B1 : Photocopy of an order dated 13.09.2013 at the Hon’ble
Supreme Court of India in connection SLP 13359/13.
B2 : Copy of notice dated 14.02.2014 issued by the Director of
Higher and Technical Education, Meghalaya, Shillong.
B3 : Copy of the letter of authority executed by the complainant.
(By Order)
(Sd/-)
Senior Superintedent
Copy to:- (1) Sony Mathew, Plamoottil House, Nellickamon.P.O.,
Ranni, Pathanamthitta Dist.
(2) Director, St. Gregorious Education Foundation,
Kulathenal Building, Anappara,
Pathanamthitta – 689 645,
(3) The Stock File.
