By Sri. Chandran Alachery, Member:

The Complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite party to pay Rs.19,00,000/- towards compensation for the deficiency of service from the part of Opposite party, and to pay Rs.20,000/- as cost of the proceedings.

2. Complaint in brief:- The Complainant completed 10^th standard and Plus2 from Ootty and got admission in BBA course in Opposite party's institution in 2014 under Management quota. The complainant paid Rs.32,750/- towards fees. The Complainant was very efficient in dealing English language. The Complainant used to clear all doubts with the Teachers, Principal and Vice Principal. The Complainant used to complain about the lack of facilities and low quality standard of education in the institution etc. It created difficulties to the Management and teachers. Due to this reason, the Complainant was suspended for 15 days from the College as per notice dated 22.01.2015. After suspension, the Complainant went to the College for attending class on 06.02.2015 but the Principal, Vice Principal, Teachers and staff members of the College ridiculed the Complainant and insulted him so that the Complainant is forced to discontinue the classes thereafter. The Complainant find it difficult to continue the study and hence he demanded back the remitted fees of Rs.32,750/- from the institution and also the original plus 2 certificate, TC and Migration certificate produced by him at the time of admission. The Complainant on several occasions demanded it but was no response from the side of Opposite party. Due to this, the Complainant could not seek admission and continue his study in any other institution. The Opposite Party demanded the entire fees for the whole period of completion of education and course from the Complainant for providing the original certificates. The act of Opposite party affected the future of the Complainant. The Opposite party send notice to the father of Complainant on 13.07.2016 demanding Rs.58,760 towards fees. This act of Opposite party is only to harras the complainant and his family. The complainant sustained great loss and mental agony due to the act of Opposite Party. The Complainant was suspended from the institution without any reason. The act of Opposite Party is clear deficiency of service from their part. Aggrieved by this, the complaint is filed.

3. On receipt of complaint, notice was issued to Opposite party and the Opposite Party appeared before the forum and filed version. In the version of Opposite Party, Opposite party contended that the complainant is not a consumer. The Complainant is bound by the rules and regulations for the college set out in the prospectus and norms of Calicut University in which the above college is affiliated. The Complainant has not produced any document before the Opposite Party evidencing his studies in Ootty. As per the documents produced by the Complainant he has completed his Plus Two from WMO English Academy at Muttil. The Complainant was never behaved like a good student and always made quarrel with teachers without assigning any reasons. The Complainant never cleared any doubts from Principal, Vice Principal or from Teachers as alleged in the complainant. The Complainant not raised any complaint against the College till sending notice for recovery of arrears of fees and expenses payable by the Complainant. The Complainant has not approached the college for the return of TC and other documents. The Complainant was suspended from the college on 22.01.2015 as the complainant has been actively involved in creating, circulating and sticking defamatory/ obscene posters in the college campus which has been deemed obscene/vulgar by the women development cell constituted in the college as per rules and on its written complaint regarding the same. The period of suspension was for 15 days and conducted an enquiry regarding the same and the Complainant never appeared in the enquiry and thus the enquiry was dropped. The Complainant had not filed any appeal or complaint regarding the suspension in the higher authorities against the college. After suspension, the Complainant failed to attend classes without any lawful reason. The Complainant is liable to pay the fees and other expenses to the college as per terms of admission to the College. The college send notice for recovering the same. After receiving the same, the complainant filed this false complaint only to escape from the liability. There is no deficiency of service from the part of Opposite Party.

4. On perusal of complaint, version and documents, the Forum raised the following points for consideration.

1. Whether there is deficiency of service from the part of Opposite parties?

2. Relief and cost.

5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Exts.A1 to A6. Complainant's witness is examined as PW2 and PW3. The Opposite Party also filed proof affidavit and the Opposite Party is examined as OPW1 and Exts.B1 to B10 are marked. Ext.A1 is the fee structure 2014 -15. Ext.A2(1) is the receipt for the payment of prospectus fees, Ext.A2(2) is the receipt for 1^st term fees (part), Ext.A2(3) is the receipt for 1^st term fee part, Ext.A2(4) is the receipt for 1^st term fee balance. Ext.A3 is the suspension letter, Ext.A4 is the lawyer notice send by the Opposite Party to the complainant's father, Ext.A5 is the copy of reply notice, Ext.A6 is the copy of SSLC Certificate. Ext.B1 is the college copy of centralised admission process. Ext. B2 is also the college copy of centralised admission process, Ext.B3 is the Application form submitted by the Complainant for the session 2014-17. Ext.B4(1) is the copy of suspension letter and Ext.B4(2) is the acknowledgment. Ext.B5 is the copy of lawyer notice send by the Opposite Party to the complainant, Ext.B6 is the reply notice received by the Opposite Party, Ext.B7 is the Admission check list, Ext.B8 is the copy of Mark list for the Unit test. Ext.B9 is the prospectus, Ext.B10 is the students hand book. The case of Complainant is that the Complainant being a brilliant student used to ask doubts with Teachers, Vice-Principal and the Principal regarding the subjects which annoyed them and caused disturbance to them. So the college management raising false reason had suspended the Complainant. When the complainant attended the classes after suspension, due to severe insult and ridiculing from the side of teachers, Vice principal and the Principal, the Complainant could not continue his course there in the College. When the Complainant demanded back the certificates and remitted fees, the Opposite Party neglected it . The case of opposite party is that the Complainant never behaved like good student and always made quarrel with teachers without any reason. The Complainant never raised doubts with the teacher or any one else. The Complainant is suspended from the College for 15 days on 22.01.2015 since he has been actively involved in creating, circulating the sticking defamatory obscene posters in the college campus which deemed obscene and vulgar to women development cell constituted in the college. The Complainant not attended for enquiry and after suspension never attended the classes. The complainant is liable to pay the balance fee and not entitled for refund of fees remitted. It is seen that Ext.A3 is the suspension letter send by the Opposite Party to the complainant. Ext.B4(2) is the acknowledgment. the Complainant admitted that he had received the suspension letter send by the Opposite party. In the cross examination of Complainant ie PW1, the Complainant deposed before the Forum that the College management constituted an enquiry committee after the suspension and neither the Complainant appeared before the Committee nor gave any letter explaining his part. PW1 again deposed that he had not send any letter to the University. PW1 again deposed that he had not given any complaint before any authority for the refund of fees and return of documents. PW1 deposed that no notice is issued to the College demanding return of TC. In cross examination of complainant's witness ie PW3, PW3 deposed before the Forum that he do not know the ability of the Complainant directly. PW3 again deposed that PW3 was undergone disciplinary action of Opposite Party's institution when he was working there as a teacher and now he is not working there. The Forum found that PW3 is an interested witness. PW2 is the father of Complainant. PW2 deposed in cross examination that he had not filed any complaint against the suspension of his son. He again deposed that he had not given any application for the return of certificates. PW2 again deposed that this complaint is filed only after getting a notice from the Opposite party demanding balance fees. As per Ext.A6 document, it is seen that the Complainant studied SSLC in Coonoor. As per version , the Complainant studied plus two in WMO English Academy Muttil, Wayanad. According to the Complainant, the Complainant studied in Ootty and is very efficient in English and brilliant student. The Complainant used to ask questions with teachers principal and vice-Principal of the Opposite Party's institution which annoyed and disturbed the College management. The suspension is made on 22.01.2015. On verifying the Ext.B8 document which is marked subject to proof, the Complainant failed in two subject in a unit test conduced on 01.09.2014. Since Ext.B8 is marked subject to proof the same is not having much evidentiary value. The explanation given by the complainant for the reason of non-attendance of classes after suspension is the humiliation, and insult for the part of teachers and Management towards him he could not continue the class. The Forum found that the complainant not attended before the enquiry committee for proving his innocence. More over, the complainant not given any complaint before any authority against the action taken by the Opposite Party. The Complainant not send any legal notice demanding return of fees and other certificates from the Opposite party. The Opposite Party send notice to the Complainant's father demanding balance fees on 13.07.2016. The suspension is made on 22.01.2015. Why the Complainant not approached the Forum till getting demand notice from the Opposite party is unknown. The case of Opposite Party is that the Complainant filed this complaint only for escaping from the liability of balance fees on an experiment basis. In a ruling reported in CPR 2014 April Part 4 Page 52 Utharakhand the Hon'ble State Consumer Disputes Redressal Commission ruled that withdrawal from MBBS course midway, institute is not bound to refund fee after cancellation of provisional admission. In another ruling by the Hon'ble National Consumer Disputes Redresssal Commission dated 09.01.2015 in RP 2684/14, it is held that the student withdrawing from the coaching class mid way will not be entitled to seek any refund of the fee deposited by him which will cause financial loss to the institution. If the institution admitted another student in the place of student withdrawn and filled the vacancy by collecting fees, the non refund of fee will be an unfair trade practice. Here in this case, the Opposite Party institution is a self financing institution raising fund from the fees paid by the students only. If a student withdrawn seat midway and the vacancy is not filled since admission is over, it will cause financial loss to the Opposite Party during the entire course period. If admission is not over, the Opposite Party can fill the seat later on. Here in this case, the Opposite party not stated any thing about it. In the version of Opposite party. Opposite party not stated whether the seat is vacant or filled after the withdrawal of Complainant. The Opposite Party not filed any affidavit with regard to it before the Forum. Since the Opposite Party not taken such a contention, the Forum is of the opinion that the Opposite Party is not entitled to claim balance fees of Rs.58,760/- from the Complainant. Since the complainant not produced any evidence with regard to it, the Complainant is also not entitled for the refund of remitted fees from the Opposite Party. Now the question remaining is the return of certificates given by the Complainant to the Opposite Party at the time of admission. The Forum is of the opinion that withholding the original certificate of Complainant by the opposite party will adversely affect the future of the Complainant. Therefore, directing the Opposite Party to produce the original TC and plus two certificate, and migration certificate of complainant before the Forum will be just and proper. The Forum found no deficiency of service from the part of Opposite Party. Point No.1 found accordingly.

6. Point No.2:- Since point No.1 found against of Complainant, the Complainant is not entitled to get cost and compensation.

In the result, the complaint is partly allowed and the Opposite party is directed to produce the original TC, Plus Two and Migration Certificate of the Complainant before the Forum within 30 days from the date of receipt of this order. No order as to costs.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 8^th day of September 2017.

Date of Filing:03.08.2016.

PRESIDENT: Sd/-

MEMBER : Sd/-

/True Copy/

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1. Mihran Complainant.

PW2. Jalal Business.

PW3. Shameer. K.P Asst. Lecturer, Don Bosco College, S. Bathery.

Witness for the Opposite Parties:

OPW1. K.C. Robins Principal, Oriental School of Hotel Management,

Lakkidi.

Exhibits for the complainant:

A1. Copy of Fee Structure 2014-15.

A2(1) Receipt. dt:14.06.2014.

A2(2) Receipt. dt:21.06.2014.

A2(3) Receipt. dt:24.06.2014.

A2(4) Receipt. dt:17.07.2014.

A3. Letter. dt:22.01.2015.

A4. Letter. dt:13.07.2016.

A5. Copy of Letter. dt:30.07.2016.

A6. Copy of Secondary School Leaving Certificate.

Exhibits for the Opposite Parties:

B1. Centralized Admission Process ( College Copy) dt:13.06.2014.

B2. Centralized Admission Process ( College Copy) dt:14.07.2014.

B3. Application Form. dt:14.06.2014.

B4(1) Copy of Letter. dt:22.01.2015.

B4(2) Acknowledgment.

B5. Copy of Letter. dt:13.07.2016.

B6. Copy of letter. dt:30.07.2016.

B7. Admission Checklist – Year 2014.

B8. Copy of Unit Test -1 September 2014.

B9. Prospectus.

B10. Students Hand Book.