OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI-03
C.C.59/2012
Present:-
1) Md.Sahadat Hussain, A.J.S. -President
2) Smti ArchanaDekaLahkar - Member
3) Md Jamatul Islam - Member
Smt Babita Das -Complainant
W/O- Sri Hari Narayan Das
R/O- Kiran Enclave
Sarboday Nagar,Chandmari
Guwahati-781021,Assam
-VS-
1) The Director, -Opp.party
Central Instutute of Research and Studies (CIRS)
Santi Path ,Zoo Road Tiniali,
Guwahati-781024 ,Assam
Represented by Mrs Kamalini Das,
W/O- Md Abdul Khalek
2) Md Abdul Khalek
Chairman, CIRS
Santi Path ,Zoo Road Tiniali,
Guwahati-781024 ,Assam
Appearance:
Ld advocate Sri Trailoknath Gohain Baruah appeared for the opp. party but none for the complainant side.
Date of argument - 03/04/2018 & 03/07/2018
Date of judgment - 26/07/2018
JUDGMENT
This is a proceeding U/S- 12 of the Consumer Protection Act, 1986
1. The complaint filed by Smti Babita Das ,W/O- Sri Hari Narayan Das , R/O- Kiran Enclave,Sarboday Nagar,Chandmari,Guwahati-781021, Assam against i) The Director ,CIRS,Santi Path, Zoo Road Tinali,Guwahati-781024 ,Assam , Represented by Mrs Kamalini Das ,W/O- Md Abdul Khalek ,ii) Md Abdul Khalek ,Chairman ,CIRS ,Santi Path,Zoo Road Tinali,Guwahati-781024,Assam was admitted on 10/10/2012 and notices were served on the all opp. parties and the opp. parties filed their written statement on 19/09/2013 and 28/01/2014 . The complainant side filed evidence on affidavit of Smti Babita Das and she was cross examined by the opp. party side . Thereafter , Md Abdul Khalek filed evidence on affidavit of opp. party side. Md Abdul Khalek DW was not cross examined by the complainant side . The complainant side filed written argument on 13/06/2017 and the opp. party side filed written argument on 02/08/2017 and thereafter, on 03/04/2018 and 03/07/2018 we have heard oral argument of ld advocate Shri T.Buragohain for the opp. party only as complainant side was absent on 03/04/18 and 03/07/18 and today we deliver the judgment which is below-
2. The complainant’s case , in brief, is that she is an M.A in Education with 58.5% of marks from the Guwahati University ,Guwahati , an M.Phil degree in Folklore from the said university and secured 62.6% of marks . She is at present working as an Assistant Professor in Education in Pub-Kamrup College , Baihata Chariali,Dist-Kamrup,Assam . The Opp.Party No-1 is a study centre under Dravidian University ,Kuppam, Chitoor Dist., Andhra Pradesh and represented by its director and Opp.Party No-2 is the Chairman of the said institution . The opp. party invited students for admission into the Ph.D Programmee under distance mode of education and in response to the invitation of the opp. party the complainant filled up forms for admission in Ph.D in Folklore and deposited Rs.17,550/- ,Rs.15,900/- ,Rs.17,950/- and Rs.30,600/- . The opp. party handed over a dateless copy of the university purportedly issued by the university vide letter no-029/4927 showing registration of the complainant as a student for Ph.D programme . The complainant carried out research and submitted the thesis . The Opp.party on 27/10/2011 over phone followed by a requirementship signed by illegible person dtd. 20/10/2011 informed the complainant that the thesis submitted by her was returned by the University on the ground that she did her M.A in Education and the university would consider her admission in Ph.D programme on the basis of that subject i.e Education . Therefore , getting the information she wrote a letter on 31/10/2011 to the opp. party . Thereafter , the university through the opp. party sent an order signed by same received on 17/02/2012 stating about the cancellation of her registration for off campus part time Ph.D programmee . The opp. party is a study centre under the said university and as such the opp. party must aware of any rules , regulation of the university , when the opp. party accepted admission fees , they must have knowledge . That an applicant for Ph.D programme in the subject is eligible if she or he did the subject in M.A . The opp. party did not inform the complainant about the Gazette notification , press note of the university . In the letter dtd.31/10/2011 the complainant informed the opp. party that she had incurred Rs.5,00,000/- in carrying out the research besides the amount paid to the opp. party . The complainant demanded for acceptance of the thesis , also demanded compensation of Rs.5,82,000/- towards cost of research works , remuneration to the guide , collection of materials , purchase of books , admission fees etc. The opp. party is liable to pay the cost of Rs.5,82,000/- to the complainant.
3. The crux of the pleading of the opp. parties is that the complaint petition is bad for non joinder of necessary party as the Dravidian University , Kuppam Chittor Dist., Andhra Pradesh has not been made a respondent party by the complainant . The Dravidian University is an inter state institution ,it offers research programmee through two distinct mode viz Campus Mode and Off Campus Mode . The Dravidian University through centre for Off Campus Education and research offers admission into M.Phil and Ph.D programmee in Off Campus Distance (part time) . The opp. party states that CIRS is only a Facilitating Centre as well as programming centre . The opp. party states that a memorandum of understanding (MOU) was entered into between this answering opp. party and Dravidian University ,represented by its Registrar on 10th June,2009. The Registrar issued a letter No-D.U/SDCR/M.Phil and Ph.D / 2009 dtd.10/06/2009 to the opp. party stating therein that the opp. party is permitted to issue admission notification for M.Phil/Ph.D courses for the academic year 2009 and accordingly the opp. party invited students for admission into the Ph.D programmee of Dravidian University . The opp. party states that the complainant after going through the prospectus of the university took admission in Ph.D in Folklore . The complainant did her Ph.D work and submitted her thesis but her thesis was returned on the ground that the complainant did her M.A in Education. The opp. pary discussed the matter of rejection of the thesis of the complainant with the concerned authority of the Dravidian University and the concerned authority directed the opp. party to resubmit the thesis to the university and thereafter, the opp. party resubmitted the rejected thesis to the Dravidian University . A letter dtd.01/12/2011 was issued by the opp. party to the Director, Dravidian University informing him about the resubmission of the complainant’s thesis to the Dravidian University. That in page no-2 in the prospectus for M.Phil and Ph.D programme (off campus mode ) of the Dravidian University it is shown that eligibility for prosecuting Ph.D programme a student should have P.G with 50% (or) M.Phil in concerned subject with 50% of marks . The complainant has obtained 62.6% in M.Phil in Folklore and therefore she is eligible for taking the Ph.D programme in Folklore . That the university is not made a party in this proceeding . The claimant is not entitled to get any relief in this proceeding . The opp. party is no way responsible about the claim of the claimant . The present proceeding then is infructuous.
4. We have perused the pleading as well as evidence of the parties and found that both the parties admit that the complainant submitted the thesis for Ph.D in Folklore before the Dravidion University but the thesis submitted by the complainant was returned on the ground that the complainant did her M.A in Education . The complainant in her evidence states that she filled up form and submitted the same for admission in Ph.D in Folklore and deposited Rs.82,000/- in total to the opp. parties. We have found from Ext-1 to Ext-6 issued by the opp. parties that the complainant has pad Rs.82,000/- in total to the opp. parties . The complainant states in her evidence that she paid Rs.16,000/- (Ext-1), Rs.17,950/-(Ext-2) Rs.15,900/-(Ext-3),Rs,1,150/- (Ext-4), Rs.19,600/-(Ext-5) and Rs.11,000/- (Ext-6) . We have found that the complainant states in her evidence that the opp. party handed over a dateless copy of the University purportedly issued by the University vide letter No-029/4927 showing her registration as a student for Ph.D programme .We have found the complainant in her evidence states that she submitted the thesis through the opp. parties as it is the study centre of the University .On 27/10/2011, the opp. party informed the complainant with a photocopy of requirement signed by illegible person dtd. 20/10/2011 that the thesis submitted by her was returned by the University to the opp. party on the ground that the complainant did her M.A in Education and the University would consider her admission in Ph.D programme in Education . We have found the complainant in her evidence states that she wrote a letter on 31/10/2011 to Dravidian University with a copy to the opp. party (Ext-17). Again she submitted a letter on 01/11/2011 to the opp. party (Ext-11) , another reminder on 18/01/2012 to the University( Ext-12) , again on 07/12/2012 she submitted a reminder to the opp. party (Ext-14) . We have found that the complainant in her evidence states that the University through the opp. party sent an order dtd.17/02/2012 informing that the registration of the complainant in the Ph.D programme was cancelled and the opp . party was directed by the University to refund her 40% of the fees and the finance office was directed to refund 60% of the fees (Ext-15) and the complainant states that nothing has been done . We have found the complainant states in her evidence that on 02/03/2012 , she again submitted a letter to the University (Ext-16) and in an order dtd.17/02/2012 issued by the University stated that the University issued a notification for application for M.Phil/Ph.D (part-time) under the off campus . Education and research programmee in the calendar year of 2009 under the School of Distance and Continuing Education . We have found that the complainant states in her evidence that the opp. party did not inform her about the notification of the University and published the advertisement inviting application for Ph.D/M.Phil programme . We have perused the evidence of DW-1 and Ext-C and found that Ext-C a letter dtd.10/06/2009 the Registrar i/c of Dravidion University issued the said letter to his institution with a direction to issue admission notification for M.Phil/ Ph.D covers for the calendar year 2009 on behalf of the University and accordingly his institution invited students for admission into the Ph.D programme of the Dravidion University .We have found on perusal of Ext-C that it does not bear any signature of Registrar i/c and therefore we hold that the authenticity of Ext-C is doubtful. We have found the DW states in his evidence that Ext-C was issued on 10/06/2009. We have perused the evidence of the complainant and Ext-15 and found that on the body of the Ext-15 it is clearly mentioned that on the basis of the notification No-F1-1/2002 (PS Exam) dtd.01/06/2009 issued by the UGC and take appropriate action with regard to those applications received after that date and for those applications received prior to that date , the guidelines issued by the UGC prior to 01/06/2009 will be applicable . We have found that on the body of the Ext-15 certain officials in the SDCE issued dateless proceedings to the applicants .The application of Smti/Sri/ Kum Babita Das is carefully examined and it is found that the proceedings were issued without specifying the date which is very crucial and thereby a fraud had been committed by the issuing authority, admission of 5000 candidates with a single date i.e. 31/05/2009 is nothing but a grave irregularity , some officials concerned during the academic years 2009 -2010,2010-2011 by colluding with the centre coordinator of the off campus programme concerned . We have found in Ext-15 it is mentioned that the Scrutiny Committee of M.Phil/Ph.D admissions found the following lapse with regard to admission -i) Annual course fee was paid after 10/07/2009 ,ii) Admission was confirmed before payment of fees as per proceedings , therefore , in order to maintain the academic standards by complying with the UGC Regulation ,2009 and to safeguard the fair image of the University , it is decided to cancel the registration of Smt/Sri/Kum Babita Das with admission No-02909214006 for Off Campus part time M.Phil/Ph.D programme, as the irregularity has taken place at the SDCE level it may not be appropriate to deduct the course fee paid . However , it is decided to deduct Rs.750/- only from the total fee paid towards the administrative charges . Further, the candidate is advised to collect 40% of his / her fee paid from the respective Centre/Off campus Co-ordinator to whom the payment was released by the University as share amount . The finance officer is hereby directed to refund 60% of course fee paid by Smti/Sri Kum Babita Das from SDCE / respective accounts after and report to compliance . In the case of fees paid as registration , late fee and or guide change, title change and adjudication fee the entire amount will be reimbursed to the candidates . We have found the complainant in her cross-examination states that the Dravidion University informed her that they would pay 60% course fee and remaining 40% would be paid by opp. party to her. We have found the complainant in her cross examination states that in Ext-15 it is written as to why the programme of offering Ph.D and M.Phil had been cancelled. We have found in Exhibit-15, that the University is not equipped with regular supervisors as prescribed by the UGC and also there are no approved guidelines from UGC to conduct M.Phil / Ph.d research programme through distance or off campus mode . In this backdrop we hold that the complainant being a highly qualified person should not have accepted the dateless copy of the University Notification vide letter No-029/4927 showing registration of her as a student for Ph.D programme and she should have gone through the said letter as it is a dateless copy and should have put question to the opp. party as to why a dateless copy of the letter of the University handed over to her showing her registration as a student for Ph.D programme , but inspite of that fact she being a highly qualified person carried out research . The complainant should have known the rules, regulations of the UGC before taking admission in the Ph.D programme of the Dravidian University under distance mode of education. We hold it is a contributory negligence on the part of the complainant .After analysing the pros and cons of this proceedings, it transpires to us that the complainant registered her name in Ph.D programme in Dravidian University through the Opp.Party No-1 and 2 without going throgh the rules , regulations of UGC . So we are of opinion that for the rejection of her thesis, she herself is responsible and so she is not entitled to get any compensation, nor she is entitled to get a direction from this Forum directing the Dravidian University to accept her thesis. The Opp.Party No-1 and 2 sides are also liable to register the complainant name in the Ph.D programme without properly examined the UGC rules and regulations as well as the opp. parties should not have issued admission notification on the basis of a letter dtd.10/06/2009 for admission in Ph.D programme of the Dravidian University as the said letter does not bear any signature of registrar of the University . The opp. party should have throughly examined the authenticity of the said letter before inviting students for admission in Ph.D programme under the Dravidian University.
5. Because of what has been discussed as above the complaint against both the Opp.Party No-1 & 2 is partially allowed on contest and accordingly the Opp.Party No-1, the Director ,Central Institute of Research and Studies (CIRS) , Santi Path,Zoo Road Tinali,Guwahati-781024, Assam, represented by Mrs Kamalini Das ,W/O- Md Abdul Khalek and the Opp.Party No-2 Md Abdul Khalek , Chairman, CIRS, Santi Path , Zoo Road Tiniali,Guwahati -781024 , Assam are liable to return the admission fee Rs.82,000/-(Eighty Two Thousand) to the complainant which the complainant had paid to them .The opp. party sides No-1 and 2 are directed to pay the amount within 45 days, in default, the amounts shall carry an interest @12% per annum from this day.
Given under our hands and seal today on this 26 th July ,2018
(Smt Archana Deka Lahkar) (Md.Jamatul Islam) (Md Sahadat Hussain )
Member Member President
