DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

                                                                                        C.C.NO. 69 OF 2022

                                                                                              Date of Filing  : 16.11.2022

                                 Date of Order  :  31.01.2023

Kumari Kabita Kar,

S/o Biranchi Narayan Kar,

At – Phulbani Sahi

PO-Phulbani,

District- Kandhamal, 762001.                    ………….. Complainant.

Versus.

Centre Superintendent,

Central Institute of Hotel Management and Catering (CIHMC),

Rosulgarh, Bhubaneswar, 751010.                ……………….. O.P.

Present: Sri Purna Chandra Mishra    - President.

                             Sri Sudhakar Senapothi         - Member.

For the Complainant: Self

For O.P.                     :

JUDGEMENT

Mr. Sudhakar Senapothi, Member

            Complainant Kumari Kabita Kar has filed this case U/S 35 of the CP Act 2019 alleging deficiency of service on the part of the Opposite Party for not providing the MSW Certificate to her in spite of repeated approaches praying therein for direction to the Opposite Party to provide her with the MSW Certificate as soon as possible.

1. Brief fact leading to the case is that the complainant was a student in Central Institute of Hotel Management and Catering, Bhubaneswar where she was prosecuting as Master in Social Welfare Course. After completion of the course and after passing examination, the Opposite Party did not provide her with the Certificate for which, she has filed this case for the relief as discussed above.
2. Notice was issued to the Opposite Party by Registered Post with AD in the correct address with postage pre-paid. The notice was served on Opposite Party on 29.11.2022. In spite of service of notice, the Opposite Party did not appear nor raised any objection to the allegations brought by the complainant. So, the Opposite Party was set expartee on the date of hearing and this Commission proceeded to dispose of the case on the basis of the documents available on record.
3. It is seen from the documents that she has paid the fee in shape of cash for MSW course which has been duly acknowledged by the Accounts Officer of the OP on 08.11.2018. It is also seen from the Mark Sheet issued to the complainant that she has cleared the examinations by securing 322 Marks out of 700. In addition to that she has filed the copy of Admit Card. From the documents, it is crystal clear that the complainant has paid the dues and has successfully passed the MSW examination. But, the Opposite Party by not providing her with the Pass Certificate has caused deficiency in service and harassment to the petitioner and is therefore, liable to compensate the petitioner for the loss and harassment caused to her and hence the order.

                                                                                           ORDER

            The complaint petition is allowed expartee against the Opposite Party. The Opposite Party is made liable for causing deficiency in service and harassment to the petitioner. The Opposite Party is directed to provide the Pass Certificate to the complainant within 15 days from the date of receipt of the order, failing which the OP shall go on paying compensation of Rs. 2000/- daily to the complainant from the date of order till the Certificates are delivered to the complainant. In the peculiar facts and circumstances of the case. Parties to bear their own cost. 

                                                             Computerized & corrected by me.

         I Agree

     PRESIDENT                                                                     MEMBER

Pronounced in the open Commissioner today on this 31st day of January 2023 in the presence of the parties.      

     PRESIDENT                                                                     MEMBER