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Miss Asmita Jena filed a consumer case on 10 Dec 2021 against The Principal Maheswari College of Education in the Rayagada Consumer Court. The case no is CC/145/2021 and the judgment uploaded on 11 Jan 2022.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, RAYAGADA,
AT: KASTURI NAGAR, Ist. LANE, L.I.C. OFFICE BACK,PO/DIST: RAYAGADA, STATE: ODISHA, PIN NO.765001,.E-mail- dcdrfrgda@gmail.com
…
C.C.CASE NO.__145_______/2021 Date. 10 .12. 2021.
P R E S E N T .
Sri Gopal Krishna Rath, President.
Smt.Padmalaya Mishra,. Member
Miss Asmita Jena, D/O: Sanatanu Jena, R.K.Nagar, Po/Dist:Rayagada.
(Odisha) 765 001. …. Complainant.
Versus.
1.The Principal , Maheswari College,
Regd, office Village-Kalavarai, Bobbili- 535558, Dist: Vizianagaram, State:Andhrapradesh.
2.The Dean, Andhra University Entrance RD.Andhra University South Campus, Visakhapatnam, State:Andhrapradesh, 530003
3.Mr. Vinod Kumar, Near Over bridge, Bobbili- 535558, Dist: Vizianagaram, State: Andhapradesh …Opposite Parties.
For the Complainant:- Sri P.N.Dash and associates.
For the O.P No. 1:- Sri Y.Madhu Sudhan Rao , Advocate, Rayagada.
For the O.P. 2 & 3 :- Set exparte.
JUDGEMENT
The crux of the case is that the above named complainant alleging deficiency in service against afore mentioned O.Ps for non receipt of receipt of B.Ed certificate from the O.Ps for which the complainant sought for redressal of the grievances raised by the complainant.
Upon Notice, the O.P No.1 put in their appearance through their learned counsel and filed written version in which they refuting allegation made against them. The O.Ps taking one and another pleas in the written version sought to dismiss the complaint as it is not maintainable under the C.P. Act, The facts which are not specifically admitted may be treated as denial of the O.P. Hence the O.Ps prays the forum to dismiss the case against them to meet the ends of justice.
Upon Notice, the O.Ps 2 & 3 neither entering in to appear before the District commission nor filed their written version inspite of more than 03 adjournments has been given to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps . Observing lapses of around 3 months for which the objectives of the legislature of the C.P. Act, going to be destroyed to the prejudice of the interest of the complainant. Hence after hearing from the complainant set the case exparte against the O.P. The action of the O.P is against the principles of natural justice as envisaged in the C.P. Act. Hence the O.P. set exparte as the statutory period for filing of written version was over to close the case with in the time frame permitted by the C.P. Act,.
Heard the case and arguments from the learned counsels for the O.P No.1 and from the complainant. Perused the record, documents, written version filed by the parties.
This commission examined the entire material on record and given a thoughtful consideration to the arguments advanced before us by the parties touching the points both on the facts as well as on law.
FINDINGS.
Undisputedly the complainant was a student of Maheswari College of Education, Bobbili for the academic Year- 2018-2020 for B.Ed batch. The Registration No. of the complainant in the college was 218141702007.
The main grievance of the complainant is that till date she has not received the B.Ed certificate from the O.Ps. Hence this C.C. case filed before this Commission to get the B.Ed certificate.
The O.P. No.1 in their written version admitted that the complainant was a student of Maheswari College of Education, Bobbili for the academic Year- 2018-2020 for B.Ed batch. The Registration No. of the complainant in the college was 218141702007.
The O.P. No. 1 in their written version contended the case is not maintainable before the commission.
For this the Commission relied the citations of the apex court which are mentioned here under.
Prior to delve in to the merit of the case on outset we have to consider whether the complainant is a consumer under C.P. Act? While answering the issue we would like to refer the citation. It is held and reported in CPR-2011(2) page No. 94 (National Commission) and reported in OLR(CSR) 2005(1) State commission,Cuttack page No. 71 where in the commissions observed “that Educational institution imparting of education for consideration falls within the ambit of service as defined in the Act. A student who takes admission in the educational institution hires the service of the educational institution for consideration, he is a consumer as defined under the Act.
It is held and reported in Current Consumer Case 2004 page No.27 where in the Hon’ble Supreme Court observed the redressal mechanism established under the Act is “not supposed to supplant but to supplement the existing judicial system”. It is well settled principle of law that the statutory authority should act under the provisions of the relevant statue and if they do not act accordingly, the Consumer Forum have the jurisdiction because not acting under the provisions of the statute/Act it amounts to deficiency of service.
By virtue of Article-300, if a competent legislation enacts a law for compensation or damage for an act done by it or its officers in discharge of their statutory duties. Thus a suit for it would be maintainable. No civilized system can prorate on executives to play with people of its country and claim that it is entitled to act in any manner as it is sovereign needs of the state, duty of officials and right of the citizens are to be reconciled. So that the role of law in a welfare state is not shaken (N.Nagendra Rao & Co. Vrs. State of Andhra Pradesh ( 1994) 6 SCC-205 /AIR 1994 SC 2663.
Basing on the above citation this commission has jurisdiction to entertain the present case.
Admittedly, in the case at hand, the complainant has availed service on payment of consideration in shape of fees which was received by the O.Ps for issue of original Board, Provisional certificates in favour of the complainant.
Further the O.P No.1 in their written version contended the this District commission has no Territorial jurisdiction to entertain the present case.
In this connection this commission relied the C.P. Act, 2019 Section 34(2) (d).
As per Sec. 34(2) of the Consumer Protection Act,2019 “ A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction”,-
© The cause of action, wholly or in part, arises”.
d) The complainant resides or personally works for gain.
In the Section 34(2) (d) of the C.P. Act, 2019 clearly mentioned that “The Complainant resides or personally works for gain”.
In the present case the complainant has a right to file the present case in this District Commission as the complainant resides in the Rayagada town (Odisha) for personally works for gain.
The plea raised by the O.Ps in their written version stands rejected.
On perusal of the correspondences made with the O.Ps it is clearly noticed that there is a deficiency of service by the statutory authorities in regard to issuance of certificates and when the application for issue of Original, Provisional certificates the O.Ps ought to have made an enquiry about the same, rather the O.P No.2(University) is silent in the matter.
After receiving voluminous letters from the complainant now both the O.Ps are playing mischief in the matter causing mental agony to the complainant since she is unable to seek any employment without the original certificates. Further the O.Ps are playing with the career of the complainant. We observed the deficiency and negligence exhibited by both the O.Ps are so grave that such negligence has effected the life and avocation of a student and as such their action is deemed to have been a breach of the fundamental right as provided under Article- 14 of the constitution. It is submitted that the matter of negligence or omission by a statutory is to be complied soon so that it will not infringe the fundamental right guaranteed under the constitution and they have a right to rectify the same and to provide such service to the student who appeared the said examination in the year 2018-2020
Again It is held and reported in C.P.R- 2010(2) page No.426 where in the Hon’ble State Commission, Andhra Pradesh observed “Where complainant joined M.Sc course and appeared in examination conducted by the University, the latter would be obliged to issue original certificate to the complainant.”
Further it is held and reported in C.P.R. 2006(2) page No. 314 the Hon’ble State Commission, Chhatisgarh where in observed “ Education-Delay in issuance of certificates-University is responsible for non fulfilment of their obligations to furnish certificates to the complainant”. In the present case non issuance of certificates by the O.Ps forced the complainant to sit idle and preventing him from being an employee and lost opportunity to get any job or employment due to the callousness and negligence of the O.Ps. Hence, she faced monetary loss on account of unemployment.
In our view the action of the O.Ps prior to duty bound should have corrigendum its crocodile process to settle the dispute of the student and consequently should take war footing steps to settle the matter by issuing the original B.Ed certificate and Provisional certificates in favour of the complainant.
In the present case the O.Ps have not come with clean hands and their submission before this commission is found to be avoid the legitimate right as claimed by the complainant as such the plea of the O.Ps can not be accepted. Since the complainant is hopefull of getting original certificate in the door steps and denial of such legitimate right is a deficiency of service putting the complainant in to financial trouble and to drag him in to legal complications. Hence in order to avoid the same and to save the complainant from the present plight the O.Ps are advised to issue original certificates in favour of the complainant in the spirit of legislation intent.. Further for failure to act properly by the O.Ps the complainant should not be deprived of their legitmate entitlement. It is ensured that the benefits to which the complainant is eligible and entitled to enjoy it and it should not became a distant dream so as to have peaceful living.
Further we observed the O.Ps are not rendering proper service to the complainant establishes their callousness and whimsical attitude. The District commission feel that the O.Ps services are deteriorating and does not follows ethics. Due to the same attitude the complainant deprived of to get the job in these hard days.
In view of the above discussion relating to the above case and In Res-IPSA-Loquiture as well as in the light of the settled legal position discussed as above referring citations the plea of the O.Ps to avoid the claim which is Aliane Juris. Hence we allow the above complaint petition in part.
Hence to meet the ends of justice, the following order is passed.
ORDER.
In Resultant the complaint petition is allowed on contest against the O.Ps.
The O.P No.2 (University) is ordered to issue B.Ed Certificate and Mark sheets bearing Registration No. 218141702007 in favour of the complainant immediately. Parties are left to bear their own cost.
The O.P No. 2 (University) is ordered to comply the above directions within 15 days from the date of receipt of this order failing which the complainant is entitled Rs.50,000/- (Rupees fifty thousand)only from the O.P. No.2(University) towards mental agony.
The O.P. 1 & 3 are directed to refer the matter to the O.P. No.2(University) for early compliance of the above order.
Copies be served on the O.Ps as per rule.
Dictated and corrected by me
Pronounced on this 10th.day of December, 2021.
Member. President
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