Date of Filing : 01.06.2012

  Date of Order : 30.06.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 30^th JUNE 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

Smt. K.G.SHANTALA, B.A., LLB.                    ……..     MEMBER

CC No. 65/2012

Kum. B.V. Archana,

D/o. Venkatakrishaiah Shetty,

Door No. 332, Katari Palya,

Near Nagara Kunte,

Kolar – 563 101.                                                     ……. Complainant

V/s.

1. The Chairman,

    The Gupta College,

    Mulbagal Road,

    Kolar – 563 101.

2. The Registrar / Controller of Examination,

    Bangalore University, Gnanabharati,

    Bangalore.                                                          …… Opposite Parties

ORDER

By Smt. SHANTALA, MEMBER

The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OPs to announce the results of B.Com. 1^st Semester and to pay Rs.12,000/- are necessary:

After completion of PUC, Complainant approached OP1 and was admitted to that College and paid Rs.1,000/- towards admission fees.  Complainant has also paid 1^st Semester Examination fee of Rs.430/- and 2^nd Semester Examination fee of Rs.475/-. Complainant appeared for examination in October 2011 & April 2012 for 1^st & 2^nd Semester. When the 1^st Semester B.Com. results of Bangalore University were announced during December 2011, OP1 has not announced the results.   When she enquired with OP1, it was postponing on one reason or the other.  When the Complainant forced, OP1 demanded receipt that was issued to the Complainant at the time of admission.  Believing the words of OP1, Complainant has given the receipt to OP1.  Even now they have not announced the results. 

2.       Ops though served remained absent.  Complainant filed her affidavit and documents.

3.       Arguments were heard.

4.       The points that arise for our consideration are:

          (A)     Whether there is deficiency in service ?

          (B)     What order ?

5.       Our findings are:

          (A)     Positive

          (B)     As per detailed order for the following reasons

REASONS

6.       Reading the complaint in conjunction with the documents on record, it is established that the Complainant after passing the PUC examination joined the OP1 College by paying certain fees.  OP1 has also collected examination fees for 2 Semesters from the Complainant.  Even though Complainant has appeared for the examinations, Ops have not announced the results of the students and not issued any marks cards to the Complainant.

7.       It is submitted during the course of arguments that OP1 College is not recognized one and no examination in fact, in law, has been conducted.  Even OP1 has returned the original TC to the Complainant along with Study-cum-Character Certificate and the original PUC Marks Card.  It is further submitted that since the OP1 College is not recognized the entire one year career of the Complainant has gone. This is nothing but unfair trade practice committed by the OP1.  Playing with the life of the children, that too with students, that too with younger girls, is very heartening to note.  Hence, the question of announcing the result now does not arise.  Even the College itself is not recognized one and legally or factually no examination was held or conducted.  The examination conducted by the OP1 is farce.  Hence, directions to announce the Results does not arise.  Further, OP1 in the guise of announcing the results collected back the original receipt issued by them at the time of admission.  This itself clearly goes to show that it is unfair trade practice committed by the OP1.  Hence, under these circumstances, if we direct the OP1 to pay Rs.50,000/- as compensation and also direct the OP1 to pay cost of litigation to the Complainant, that will meet the ends of justice.  Hence, we hold the above points accordingly and pass the following order:

ORDER

1.       Complaint is allowed in part.

2.       OP1 is directed to pay to the Complainant Rs.50,000/- as compensation together with interest @ 12% P.A. from 01.07.2011 until payment within 30 days from the date of this order.

3.       OP1 is also directed to pay Rs.2,000/- as costs of this litigation to the Complainant.

4.       OP1 is directed to send the amount as ordered at (2) & (3) above to the Complainant by Demand Draft through RPAD and intimate this Forum compliance of the Order within 45 days.

5.       Send copy of the Order to the parties concerned free of cost.

6.       Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 30^th day of June 2012)

T. NAGARAJA          K.G.SHANTALA           H.V.RAMACHANDRA RAO

    Member                         Member                                       President

SSS