Tamil Nadu

South Chennai

364/2010

Deepa Narasimhan - Complainant(s)

Versus

The director, Periar Maiyam Egmore - Opp.Party(s)

Party in Person

03 Oct 2018

ORDER

                                                                        Date of Filing  : 21.09.2010

                                                                          Date of Order : 03.10.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.364/2010

DATED THIS WEDNESDAY THE 03^RD DAY OF OCTOBER 2018

                                 

Deepa Narasimhan,

Represented by C. Sadagopan,

AS1 Citadel Flats,

No.142, 5^th Street,

Ram Nagar,

Velachery,

Chennai – 600 042.                                                      .. Complainant.                                                      

 

     ..Versus..

 

1. The Director  PERIYAR MAIYAM,

MADURAI KAMARAJ UNIVERSITY,

Egmore,

Chennai – 600 008.

 

2. The REGISTRAR,

MADURAI KAMARAJ UNIVERSITY (UNIVERSITY),

Palkalai Nagar,

Madurai.                                                                   ..  Opposite parties.

          

Counsel for complainant            : M/s. Party in person

Counsel for opposite parties     : M/s. S. Sethuraman

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying this Hon’ble Forum to give direction to the opposite parties to send her MCA Degree Certificate at once and to pay a sum of Rs.75,000/- towards compensation for mental agony with cost to the complainant.

1.    The averments of the complaint in brief are as follows:

The complainant submits that she enrolled as a student of the 1^st opposite party centre under Distance Education Programme for MCA Degree Course. The complainant passed MCA Degree conducted by the 1^st opposite party also.   But in his result sheet, she was shown as absent.     Further the complainant submits that the opposite parties included JAWA programming without giving any coaching and supplying study materials.  Thereafter, the complainant sent a legal notice to the Vice Chancellor for which, the Registrar, Distance Education sent a letter dated:15.03.2010 stated that they will not include JAWA paper.    HAWA Programming from next year onwards.  The complainant further subits that without study material / teaching in that Academic Year how can the students write examination in JAWA Programming.  Further the complainant submits that after qualifying the MCA Examination, the complainant requested the degree certificate after due payment of fees for convocation and enclosing mark sheet etc.   They did not maintain accounts properly and that is why they delayed in sending MCA Degree Certificate.  The complainant has to send again all the documents and fee again.  The convocation fees were paid by three times.  The act of the opposite parties caused great mental agony.  Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.   The opposite parties state that this opposite party is an University constituted by statute, namely: Madurai Kamaraj University Act, 1965.  As per Section 2(1) (o) of the Consumer Protection Act, 1986, this opposite party university is a Statutory body shall not come under the purview of consumer.   Further the opposite parties state that the complainant has applied for her M.C.A. Degree Certificate but she has not paid the prescribed fee along with the Application Form.  Hence a Memo was sent to the complainant to pay the prescribed fees.  Now, the candidate has stated that she paid the above fees along with her examination fee.  It was confirmed only after thorough Certificate.  The above Degree Certificate was sent to the complainant through registered post on 03.11.2010.  Therefore, there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite parties filed and no filed and marked on the side of the opposite parties. 

 

4.      The points for consideration is:-

1. Whether the opposite party is liable to send M.C.A. Degree Certificate as prayed for?
2. Whether the complainant is entitled to sum of Rs.75,000/- towards mental agony with cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard the opposite parties’ Counsel also.   Perused the records namely the complaint, written version, proof affidavits, documents etc.  The complainant pleaded and contended that she enrolled as a student of the 1^st opposite party centre under Distance Education Programme for MCA Degree Course. The complainant passed MCA Degree conducted by the 1^st opposite party also.   But in his result sheet, she was shown as absent.   But the complainant has not filed any record.     Further the complainant pleaded and contended that the opposite party included JAWA programming without giving any coaching and supplying study materials which amounts to deficiency in service.  But the complainant has not produced any record.  Thereafter, the complainant sent a legal notice to the Vice Chancellor for which, the Registrar, Distance Education sent a letter dated:15.03.2010 as per Ex.A1 in which it is stated that they will not include JAWA paper.  But the letter as per Ex.A2 sent by the opposite party reads as follows:

1.  

6.     Further the complainant pleaded and contended that after qualifying the MCA Examination, the complainant requested the degree certificate after due payment of fees for convocation and enclosing mark sheet etc.  But the opposite party has not issued the Degree Certificate.  Hence the complainant is constrained to file this case.   But on a careful perusal of records, it is seen that the complainant has passed MCA Examination in the year 2004 and obtained Provisional Certificate dated:12.10.2004 as per Ex.A1 annexure.  The complainant has not explained the reason for the delay in applying the Degree Certificate.  Equally, the complainant has not produced any document to prove that he has paid sufficient fees for such convocation related to MCA degree Examination.  The complainant paid the fees only after receipt of the Memorandum from the opposite party as per Ex.A2 & Ex.A3.  The complainant is praying to get her MCA Degree Certificate and claiming a compensation of Rs.75,000/- with cost.

7.     The learned Counsel for the opposite parties contended that this opposite party is an University constituted by statute, namely: Madurai Kamaraj University Act, 1965.  As per Section 2(1) (o) of the Consumer Protection Act, 1986, this opposite party university is a Statutory body shall not come under the purview of consumer.   The learned Counsel for the opposite party cited the decision reported in:

JT 2010 (7) SC 179

Between

Maharshi Dayanand University

-Versus-

Surjeet Kaur

Held that

“19.  The third and the most important issue that deserves to be answered is the competence of the District Forum and the hierarchy of the Tribunals constituted under the Act 1986 to entertain such a complaint”.

8.     Further the contention for the opposite parties is that after due payment towards MCA degree certificate, the opposite parties sent the MCA Degree Certificate to the complainant through registered post on 03.11.2010.  There is no delay in issuing MCA Degree Certificate on the part of the opposite party.  The complainant has not properly applied for the MCA Degree Certificate with prescribed fees. Only after issuing letter dated:23.07.2010, the complainant paid the prescribed fees as per Ex.A3.  Thereafter, the MCA degree certificate was duly sent to the complainant.  There is no deficiency in service on the part of the opposite parties.   Furthermore, the complainant shall not be a ‘Consumer’ as per the above said principles of law.  Hence, this Forum is of the considered view that the complainant has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd day of October 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	15.03.2010	Notice to the Registrar, Madurai Kamaraj University with M.C.A. Provisional Degree Certificate
Ex.A2	23.07.2010	Letter from the Controller of Examination, M.K. University, Madurai (Original).
Ex.A3	10.08.2010	Letter for sending of Rs.800/- to the Controller of Examination, M.K. University, Madurai with original proof of service
Ex.A4	22.07.2010	Copy of General Power of Attorney

 

OPPOSITE  PARTIES SIDE DOCUMENTS: NIL

 

 

MEMBER –I                                                                     PRESIDENT