Andhra Pradesh

Nellore

CC/99/2015

Nattam Sarath Chandra Rao, son of Subba Rao - Complainant(s)

Versus

The Manager, Audisankara Institute of Technology - Opp.Party(s)

R.Satyanarayana

18 Aug 2017

ORDER

Date of Filing     :05-08-2015

                                                                                                Date of Disposal:18-08-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Friday, this the  18^th day of   AUGUST, 2017

 

          Present: Sri Sk.Mohd.Ismail, M.A., LL.B., President

                      Sri K. Umamaheswara Rao, M.A., B.L., Member

                            Sri M. Subbarayudu Naidu, B.Com., B.L., LL.M., Member

 

C.C.No.99/2015

 

Nattam Sarath Chandra Rao,

S/o.Subba Rao, Hindu,

Student, Aged about 22 years,

Residing at Flat No.174, Road No.72,

Prashsan Nagar, Jubilee Hills,

Hyderabad.                                                                                   ..… Complainant          

 

                                                                           Vs.

 

1.	The Manager, Audisankara Institute     of Technology, Gudur, SPSR Nellore District.
2.	The Correspondent, Audisankara Institute of       Technology, Gudur, S.P.S.R.Nellore District.             ..…Opposite parties

                                                              .  

            This complaint coming on 11-08-2017  before us for hearing in the presence of                Sri R. Satyanarayana, advocate for the complainant and                                                       Sri K. Rajagopal Reddy,   advocate for the opposite parties  and having stood over for consideration till this day and this Forum made the following:

 

ORDER

                       (ORDER BY  SRI Sk. MOHD. ISMAIL, PRESIDENT)

 

            The complainant filed this complaint under Section-12 of Consumer Protection Act, 1986 to direct the return of 1) Secondary School Certificate, 2)Pass Certificate cum Memorandum of marks of Intermediate course, 3) Study cum Conduct Certificate issued by the Chandra Reddy  Junior College, Nellore, 4) Transfer  Certificate  issued by  Chandra Reddy Junior College, Nellore and 5) Eamcet  Rank  card of the complainant and submits  to allow the complaint with costs.

 

            2.         The  brief averments of the complaint are as follows:

                        The  complainant joined in the college of opposite parties as student of 1^st year B.Tech., in C.S.E.  branch in the year 2010  by paying a sum ofRs.64,250/-  as fees and the complainant  fell sick at the time of  yearly exams   and as there is shortage of attendance, the complainant forced to leave the college and hence the complainant could not continue his studies and discontinued   his studies.  The complainant  submits that at the time of admission, the college authorities   took the original certificates  from the  complainant namely (1)  10^th  class marks list – Secondary School Certificate 2)  Pass Certificate Cum Memorandum of Marks of his Intermediate Course 3) Study Cum conduct Certificate                                                           dated 15-05-2010 issued by Chandra Reddy Junior College, Nellore 4)  Form of T.C. issued by Chandra Reddy Junior College, Nellore and 5)  Eamcet Rank Card of the complainant  and as the complainant stopped  his studies, the complainant  and his father opposed to the opposite parties  for return of the  original records.  But the opposite parties refused to return the original certificates and inspite of issuing  of legal notice dated 07-01-2015, as the opposite parties failed to return the original  certificates.  The complainant filed the complaint against the opposite parties to direct the opposite parties to return the original  certificates and award compensation ofRs.5,00,000/-  to the complainant and  submits to allow the complaint with costs.

 

            3.         The 1^st opposite party filed counter and the same was adopted by the opposite party No.2 with the following averments:

                        The complainant   joined in Audisankara  Institute of Technology, Gudur in B.Tech. Computer Science.  Subsequently,  before intimating the admission to JNTU, the complainant  shifted to Audisankara College of Engineering and Technology, Gudur in B.Tech. Computer Science and both the colleges are under the opposite parties management.  The complainant joined in the Audisankara  College of Engineering and Technology in B.Tech.  Computer Science on 18-10-2010 and  left  the college during the course of 1^st year without intimating to the opposite parties and a  seat was kept to  the remaining   3 years. Thus  the opposite party sustained loss of Rs.1,66,000/- due to  the conduct of the complainant.  The complainant  was  admitted  in the B.Tech.  C.S.E. branch in Audisankara College of Engineering and Technology, Gudur on 18-10-2010 and at the time of the admission, the complainant handed over the original  records  to the opposite party and the complainant left  the college in the middle of the 1^st year course without  intimating to the opposite parties.   The complainant   was admitted in B.Tech. C.S.E.   branch on 18-10-2010 under admission No.10G21A0568 to JNTU University, Ananthapur on 18-10-2010. The admission of B.Tech., C.S.E. branch  course in the Ananthapur  on 18-10-2010 was closed.  The opposite parties is prohibited to admit  any candidate in the place of the  complainant and the  said seat will be  kept in vacant from 2^nd year onwards for the remaining course period i.e., 2^nd  year, 3^rd  year and 4^th year,  the admissions  are centralized  or nothing depends upon mere option of the student or the institutions   concerned.  There is a specific clause in the application  for admission in the Audisankara  College of Engineering and Technology  that  if any student discontinued   from the course, that student has to pay the remaining tuition fees and special fees to the college, such student if  fails to pay the  tuition fee and special  fee  for the  entire course period that  student is not eligible to claim in return  of the original certificates from the college.  Knowing the condition, the complainant signed in the application form and submitted to the college, the complainant has to pay                   3 years tuition fee   of Rs.1,50,000/-  and 3 years special fee of Rs.13,500/-  and  1^st year balance fee of Rs.2,500/-  total due amount to the college is only   Rs.1,66,000/-  and the opposite parties remitted special fee  for Rs.13,500/- in  the account of JNTU University, Ananthapur payable by the complainant.  The tuition fee  collected from the candidates would  be just sufficient to meet the requirements of infrastructure  and salaries to the college staff and  If the  seat  was  left vacant / unfilled, the institution could not be   in a position to bear the expenditure as the complainant left the college  during the 1^st year course and the seat was vacant for the remaining course period for 3 years.  The management suffered a loss of Rs.1,66,000/-  and the complainant has  agreed to pay the tuition fee and special fee for the entire  course  for 4 years at the time of admission. The complainant has to remit the amount to the college then only the complainant is entitled  to claim in return of  original certificates from the college  and unless  the complainant  pays a sum of Rs.1,66,000/-, the complainant is not permitted to take the original  certificates and the opposite party gave reply to the  notice issued on behalf of the complainant and  hence the opposite parties submits   for the dismissal for the complainant with costs. 

 

            4.         On behalf of the complainant, P.W.1 was examined and Exs.A1 to A4  marked. 

 

5.         On behalf of the opposite parties, R.W.1 was examined   and Exs.B1 to B3 marked.

 

6.         The complainant was examined as P.W.1 and opposite party No.1 was examined as R.W.1.

 

7.         Ex.A1  is the office copy of legal notice dated 07-01-2015.  Ex.A2 is the  postal receipts.  Ex.A3 is served postal acknowledgement. Ex.A4  is reply notice                dated 21-01-2015.   Ex.B1 is application form (Bio-Data) of the student.  Ex.B2 is legal notice dated 07-01-2015 and Ex.B3 is  reply notice dated 21-01-2015. 

 

8.         Arguments on behalf of the  learned counsels for  both parties heard.

 

9.         On behalf of both parties written arguments filed.

 

10.       Now the points for consideration are:

1. Whether the complainant is entitled for the return of the original certificates as prayed for?
2. Whether the complainant is entitled for compensation of  Rs.5,00,000/- as prayed for?
3. To what relief, the complainant is entitled?

 

          11.    POINT No.1:  The learned counsel for the  complainant submits insisting the complainant for payment  of Rs.1,66,000/- towards  the fee for the remaining  3 years is unfair trade practice and hence submits to allow the complaint against the opposite parties 1 and 2  directing the opposite parties to return the documents to the complainant and submits to allow the complaint with costs.  On the other hand, the learned counsel for the opposite parties submits  by relying upon the decision reported in

R. Gowthami Vs.  the  Regional Officer, All India Council for  Technical Education, Chennai-600 006 and others reported in W.P.(MD). No.3977/2009 and M.P.(MD).No.1/2009 before the Hon’ble Madurai Bench of Madras High Court, dated 09-03-2012.

that as the  opposite party college is a self financed college, the complainant has to pay the  college  fees   of Rs.1,66,000/-   to the college to obtain the original certificates and hence the complaint filed by the complainants against the  opposite parties  is not maintainable  and submits  for dismissal of the complaint against the opposite parties. 

 

12.       The opposite parties 1 and 2   are demanding  the complainants for payment of   years fees of Rs.1,66,000/-  for return of the  original certificates which were  given by the complainant  to the opposite parties at the time of the admission on 18-10-2010.  The insisting  of the complainants  for payment of the entire  3 years fees is amounts to unfair trade practice.  In

 

Islamic Academy of Education Vs.  State of Karnataka reported in AIR 2003  SC 3724.

 

 wherein the Hon’ble apex Court held that collecting the  fees in advance for the  whole course is  amounts to unfair trade practice.

 

13.         By relying upon the above decision,  we are of the opinion  that the decision  submitted by the learned counsel for the opposite parties  cannot be considered in view of the judgment of the Hon’ble  Apex Court.

 

14.       By relying upon the above decision, we are of the opinion that the opposite parties 1 and 2   have  no right to retain the original document  submitted by the 1^st complainant at the time of the admission in the opposite parties college  and  hence the complaint filed by the complainant against the opposite parties 1 and 2 for  return of the original documents  has to be allowed.  By relying upon the decision  and the facts of the case, we answer  this point in favour of the complainants and against the opposite parties 1 and 2.

 

  15.     POINT No.2:  The learned counsel for the complainant submits as the opposite parties failed to return the documents, the complainant suffered a lot and submits   to allow the complaint by awarding compensation of Rs.5,00,000/-.  But  as seen from the records, the complainant discontinued his studies in the year 2010 and on behalf of the complainant Ex.A1   legal notice was issued to opposite parties on 07-01-2015 demanding them for return of the original documents.  It is not explained by the complainant  how he is entitled for compensation of Rs.5,00,000/-.   It is not  the case of the complainant that the complainant intends to join in another college because of non returning of the document,  the complainant lost  his bright future.  As the complainant  gave legal notice on 07-01-2015,  we are of the  opinion that the claim of the complainant in claiming compensation of Rs.5,00,000/- is in higher level.  Hence, the complainant is not entitled to claim compensation ofRs.5,00,000/- but inspite of  receiving Ex.A1 notice as the opposite parties failed to return the original documents awarding   of compensation at Rs.10,000/- will meets the ends of justice.  In view of the said  discussion and the facts of the case, we answer this point in favour of complainant and against the opposite parties 1 and 2.

 

       16.       POINT No.3:  In view  of our answering   on points 1 and 2 in favour of complainant and against the opposite parties 1 and 2, the complaint filed by the complainant has to be allowed partly.

 

            17.       In the result, the complaint is allowed partly and the opposite parties 1 and 2  are directed to return the original documents i.e., (1)  10^th  class marks list – Secondary School Certificate 2)  Pass Certificate Cum Memorandum of Marks of his Intermediate Course 3) Study Cum Conduct Certificate                                                           dated 15-05-2010 issued by Chandra Reddy Junior College, Nellore 4)  Form of T.C. issued by Chandra Reddy Junior College, Nellore and 5)  Eamcet Rank Card of the complainant to the complainant within 30 days from the date of the communication of the order. Failing which the complainant is at liberty  to take further steps against the opposite parties 1 and 2  as per Consumer Protection Act, 1986.  The opposite parties  1 and 2 are directed to   pay a sum ofRs.10,000/- (Rupees ten thousand only) to the complainant towards damages.

 

18.       The opposite parties 1 and 2 are granted 30 days time only to comply the order from the date of the communication of the order  but in the circumstances, no costs.

            Dictated to Stenographer, transcribed by her corrected  and pronounced by us in the open  Forum, this the  18^th day of  AUGUST, 2017.

 

            Sd/-                                          Sd/-                                           Sd/-

      MEMBER                                MEMBER                                PRESIDENT

 

                                                APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1  -

28-06-2016

Sri Nattam Sarath Chandra Rao, S/o.Subba Rao,  Hyderabad (Affidavit filed)

 

Witnesses Examined for the opposite parties

 

R.W.1  -

29-04-2016

Sri Sannareddy Chandra Reddy, S/o.Narayana Reddy,. Working in Audisankara Institute of Technology, Gudur, Nellore District (Affidavit filed).

 

                             EXHIBITS MARKED FOR THE COMPLAINANT

 

Ex.A1  -	07-01-2015	Legal notice from complainant’s advocate to the opposite parties.
Ex.A2  -		Two registered post receipts  addressed to the opposite parties sent by the complainant’s advocate.
Ex.A3  -		Two served postal acknowledgements received from the opposite parties.
Ex.A4  -	21-01-2015	Letter from opposite party No.1 to the complainant’s advocate.

 

                         EXHIBITS MARKED FOR THE OPPOSITE PARTIES

 

Ex.B1  -		Student’s Bio-Data (UG & PG Courses)
Ex.B2  -	07-01-2015	Legal notice from complainant’s advocate to the opposite parties.
Ex.B3  -	21-01-2015	Letter from opposite party No.1 to the complainant’s advocate.

                                                                                                                                  Id-

                                                                                                                     PRESIDENT

 

Copies to:

1.	Sri R. Satyanarayana, Advocate, 17/535, Chakali Street, Nellore-524 001 (A.P.)
2.	Sri K. Rajagopal Reddy, Advocate, Fathekhanpet, Nellore.

 

Date when free copy was issued: