Date of Filing: 25.05.2010<br /> Date of Order: 21.10.2010<br /> <br /> 2<br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 21ST DAY OF OCTOBER 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> COMPLAINT NO: 1185 OF 2010<br /> Prof. K. Jayaram<br /> S/o. Late Kalegowda<br /> R/at No. 2728/A, “Sri Girinivas”<br /> Hosahalli Road, Gandhinagar<br /> Mandya 571 401 Complainant<br /> V/S<br /> The Principal<br /> M/s. Hosmet Hospital Educational<br /> Institute, No. 44, Richmond Town<br /> Bangalore 560 025 Opposite Party<br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that on June 29, 2002 complainant’s son Mr. Suhas got admitted to the opposite party institution for B.Sc., Physiotherapy for the year 2002-03. At the time of admission original SSLC and PUC marks cards were handed over to the custody of the opposite party. Suhas could not able to prosecute his studies. Therefore, he made request to the opposite party to return original SSLC and PUC Marks Cards. Opposite party has not returned the true documents. On August 17, 2009 complainant wrote letter to the opposite party and on October 29, 2009 legal notice was sent. Opposite party demanded Rs. 11,000/- to return the documents. Opposite party is retaining the documents illegally. The act of the opposite party in not handing over true original documents is violation of canons of law and withholding the documents is arbitrary and without any authority of law. The opposite party has caused mental agony. Therefore, the complainant has prayed that opposite party be directed to deliver and handover original SSLC and PUC marks cards to the complainant and complainant has also prayed for grant of compensation.<br /> 2. The opposite party has filed defence version stating that student is due of Rs. 11,000/-. Hence, called upon to obtain No Due Certificate and received the documents. The opposite party submitted that original SSLC and PUC marks card of student is in safe custody and would be handed over to him on clearing his dues. Hence, the opposite party prayed to dismiss the complaint. <br /> 3. Respective parties have filed affidavit evidence and documents.<br /> 4. Arguments are heard.<br /> 5. The points for consideration are:<br /> 1. Whether the opposite party has committed deficiency of service in not returning original documents?<br /> 2. Whether the complainant is entitled for the relief?<br /> 6. It is admitted fact that the son of complainant Sri Suhas was admitted to opposite party institution for B.Sc. Physiotherapy course and he could not prosecute the studies and discontinued the course. It is also admitted fact that the original SSLC and PUC marks cards were handed over to the opposite party at the time of admission. The opposite party has clearly admitted in the version that original SSLC and PUC marks cards are in their safe custody and same will be handed over to the complainant on clearing dues. Now the point for consideration is whether the opposite party has proved by producing legal documents that complainant is due of Rs. 11,000/- towards the fee. The second point is even if there is any due as submitted by opposite party whether the opposite party has got legal right to retain the original marks cards of the student. On the facts and circumstances of the case we are of the opinion that the opposite party has not produced any legal and authenticated documents to prove that complainant / his son is due of Rs. 11,000/- to the institution. The opposite party has not produced the fee structure and the complete record or documents to show that how much the complainant has paid the fee for the course. The opposite party has not produced university records to show that what was the fee norm fixed for the B.Sc. Physiotherapy course. The opposite party has given a very whimsical, unclear and ambiguous details of fee received under various heads from the student. This type of reply or explanation in respect of the payment of fee does not prove anything. The opposite party has deliberately failed to establish that the student is due of Rs. 11,000/-. Secondly, the institution again refused to return original marks cards to the student on the strength that student is due of certain amount. There is absolutely no agreement or any document authorizing the opposite party to have a lien over the original document submitted by the student. The opposite party has not produced admission form or prospectus to show that opposite party will be having lien on the original documents. The action or attitude of the opposite party in withholding the original documents is without any authority of law. It is arbitrary and illegal. The opposite party cannot refuse to return the original documents to the students even if there is any due from the student. The opposite party has to take legal action for recovery of the amount if any. The opposite party institution has no legal right to keep the original documents in their custody when the student had discontinued the studies in their institution and demanding the return of the original documents submitted at the time of admission. The action of the opposite party in this case is highly arbitrary, illegal and without any force of law. Therefore, the opposite party must be directed to return original SSLC and PUC marks cards to the complainant immediately. The action of the opposite party in refusing to hand over the original documents definitely amounts to deficiency of service on their part. Therefore, the complaint is liable to be allowed and direction has to be issued to the opposite party in respect of handing over the original SSLC and PUC marks cards to the complainant. In the result I proceed to pass the following:<br /> ORDER<br /> 7. The complaint is allowed. The opposite party is directed to hand over original SSLC and PUC marks cards to the custody of the complainant immediately.<br /> 8. In the event of not handing over original SSLC and PUC marks cards to the complainant the opposite party has to pay compensation of Rs. 25,000/- to the complainant within 30 days from the date of this order. <br /> 9. The complainant is also entitled for Rs. 2,000/- as costs of the present proceedings from the opposite party. <br /> 10. Send the copy of this Order to both the parties free of costs immediately. <br /> 11. Pronounced in the Open Forum on this 21ST DAY OF OCTOBER 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br />