D.O.F:30/9/14
D.o.o:22/1/15
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.211/14
Dated this, the 22nd day of January 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
K.A.Mahin, S/o K.M Abdulla Kunhi,
Kallatra House, Mukkunnoth Vail, : Applicant/Complainant
Bare Po, Uduma, Kasaragod.
(Adv.Abdul Nasir,Kasaragod)
1.The Manager,
M.I.C Arts & Science College,
Chattanchal, Po.Thekkil,Kasaragod.
2.The Principal, : Respondents/Opposite parties
M.I.C Arts & Science College,
Chattanchal, Po.Thekkil,Kasaragod.
(Adv.Mohammed Shafi,Kasaragod)
ORDER
SMT.P.RAMADEVI : PRESIDENT
The brief facts of the complaint are that the complainant is a student of MIC
Arts and Science College , Chattanchal, the Ist opposite party is the Manager and 2nd opposite party is the Principal of the said college. He joined the college in the year 2013 and he paid the admission fee and tuition fee to the college. During the 2nd year he was suspended from the college alleging ragging . According to him he has not committed any offence and his suspension from the college is illegal and he is praying for a direction to opposite parties to drop the proceedings initiated against him and admit the complainant to continue his course.
Opposite parties contents in appearance and filed their version denying all the allegations made against them by the complainant. It is submitted that there was a ragging complaint against the complainant from the first semester student on 11/8/2014 and after preliminary enquiry a disciplinary action was taken against the complainant and others by the opposite parties. The complainant of the student was forwarded to the Vidyanagar Police Station on 12/8/2014 and FIR have been registered as crime.No.444/2014 under Sec.143,147 of IPC and Sec.4 of the Kerala Prohibitation of Ragging Act 1988 and the above cases are pending investigation. It is further submitted that an enquiry committee has been constituted for detailed enquiry. On hearing of the complainant and on detailed enquiry conducted by the committee it is found that the complainant is involved in the ragging, hence disciplinary action was taken against him. The opposite party further submits that the complainant suppressed the material fact before the Forum that there are criminal case pending against him. The opposite party had taken a specific contention that the complainant is not maintainable before the Forum since criminal case is involved in this case the same is liable to be dismissed.
Considering the nature of the case we heard the issue regarding maintainability of the complaint as preliminary issue.
The learned counsel appearing for the complainant argued that before impulsion or suspension of the student from the initiate the opposite party failed to comply the formalities laid down in the Kerala Prohibitation of Ragging Act. The learned counsel appearing for the opposite party argued that it is a social issue and the opposite parties are complied all the formalities contemplated under the Kerala Prohibitation of Ragging Act. The counsel further submitted that the action taken by the opposite parties in the matter of the complaint will not come within the purview of Consumer Protection Act.
Upon hearing the learned counsels appearing for the parties and on perusal of the documents we are of the view that the material fact in the complainant is the ragging case and the same is in criminal nature and the Consumer Forum has no jurisdiction to try this complaint. Moreover it is a social issue also and this type of practices cannot be entertainable. Hence the opposite parties taken action as per law and for the smooth functioning of the institution. Hence the issue is found infavour of the opposite parties and the complaint is dismissed without cost.
MEMBER MEMBER PRESIDENT
