Between:
Sri Chobay Sai Prasad, S/o Ramana Narayana Prasad, aged 22 years, Hindu, resident of Bondiligudem, Vizianagaram.
...Complainant
And
The Principal, Lendi College, Jonnada village, Denkada Mandalam, Vizianagaram District.
…Opposite Party
This case is coming on for hearing before us in the presence of Sri Pothula Rambabu, Advocate for Opposite Party and Sri J.Bheemasena Rao, Advocate for the complainant was neither present nor advanced oral arguments at the time of hearing and having stood over for consideration the Forum made the following:-
O R D E R
AS PER SRI G.APPALA NAIDU, MEMBER
This complaint is filed U/s-12 of C.P.Act 1986 seeking reliefs to pass orders in favour of the complainant and against the OP directing him to handover the original certificates of the complainant i.e. S.S.C P.C.No.06/055200/015616/5 held in march 2007, T.C., Study Certificates issued by principal of Narayana College, Vizianagaram bearing admission N0-2957/2007-2009 bearing certificate No-3087 and intermediate P.C.No-092422642 of march 2009 to the complainant and to pay Rs.50,000/- towards compensation for mental agony, loss of further studies, employment etc., to award costs of the complaint and to grant such other reliefs which are essential under the circumstances of the case on the following averments:-
The complainant joined in the college of OP for I.T.Course of Engineering on 13.11.2009 bearing admission No-09 KDIA 1208 and at the time of admission of the complainant he is a minor under the care and custody of his father and hence on his behalf his father paid Rs.15,000/- for which the OP issued receipt on small paper containing signature and seal with denomination of notes and the said receipt was issued in favour of the complainant under “B” category. The complainant attended classes for some days and later he could not attend the college for some days in the 1st year as he suffered with ill health and due to insufficient attendance the OP did not allow the complainant to attend the final examination in respect of the 1st year. Inspite of his visits to the college several times and his continued request, the OP did not allow the complainant for the examination and demanded Rs.10,000/- to allow the candidate for the said examination for which the father of the complainant refused. As per the insistence of the OP at the time of admission of the complainant in the 1st year of I.T.Engineering Course, the aforesaid certificates in original were handed over to the college and later the complainant’s father paid total fee for the 1st year course of engineering. Due to non-allowing the candidate for the 1st year examination, the complainant lost one academic year. Since the year 2010 the complainant has been approaching the OP several times and requesting him to return the above mentioned original certificates but of no avail and postponing the same on one pretest or the other. When his father approached the OP and requested him to return the said original certificates in the month of July, 2014 the staff of OP demanded Rs.10,000/- for returning the said original certificates which is contrary to law and as such the OP or their staff cannot demand any amount for returning the said originals.
Due to non return of the said original certificates, the complainant could not prosecute his further studies and could not attend interviews and also could not apply to competitive tests and therefore lost all his bright future and further studies and employment opportunities resulting in much loss, damages and mental agony for which the OP is liable to pay compensation of Rs.50,000/- to the complainant besides liable to return the original certificates of the complainant.
The complainant also got issued legal notice to OP on 09.08.2014 stating all the aforesaid facts and also demanded OP to return his original certificates and to pay compensation of Rs.50,000/-. The OP having received the said notice got issued reply notice dated 23.08.2014 with false allegations and also demanded the complainant to pay Rs.76,700/- towards fee though the complainant paid total fee. Further the OP in the said reply notice did not disclose the fee structure and the prescribed rules and guidelines but falsely stated that the OP has been maintaining his institute as per guidelines of JNTU, Kakinada. It is further submitted by the complainant that there is no such fee structure in any other college as demanded by the OP and as such the reply notice of OP itself proves the deficiency of service on their part for keeping the original certificates of the complainant intentionally to have wrongful gain, which is against the fee structure and guidelines issued by the Government. Further the OP did not maintain proper record and receipt book for the payment fee paid by the students. As such the OP issued a receipt dated 13.11.2009 in small piece of paper but did not issue receipt for fee paid by the complainant’s father towards total fee for the 1st year. Due to the said deficiency of service and dereliction of duties of OP and to have wrongful gain from the complainant, the OP did not return the said original certificates of the complainant. Hence this complaint.
Counter filed by the OP denying the allegations leveled in the complaint except those which are specifically admitted therein and puts the complainant to strict proof of the same. It is submitted that absolutely there is no relationship of customer and service provider between the complainant and this respondent as can be seen from the contents of the complaint. The complainant has wrongly choosen the jurisdiction of the Honourable Authority and further as can be seen from the contents of the complaint, it is hopelessly barred by limitation as contemplated U/s-24A of the C.P.Act. It is also submitted that not only the complainant but also the students who join in the college should submit the original certificates like S.S.C pass certificate, Intermediate pass certificate, Transfer certificates of school and junior college at the time of joining in this college, since it is mandate on the part of every joining student. It is further submitted that this respondent do not remember as to whether the said original certificates were handed over in this respondent’s college at the time of joining in the I.T. Course in 2009. Also at the time of joining in the college and before commencement of classes, introductory meeting for all the joining students along with the respective parents was held and in the said meeting among other rules, it was intimated that every student must secure 75% attendance in aggregate in all the subjects every year for appearance of semesters and final examinations as prescribed by JNTU guidelines which are as follows:-
Attendance Requirement as per Guidelines.
i)“A Student shall be eligible to appear for University Examinations if acquires a minimum of 75% of attendace in aggregate of all the subjects.
ii)Condonation of shortage of attendance in aggregate upto 10% (65% and above and below 75%) in each semester or 1 year may be granted by the College Academic Committee.
iii) A student will not be promoted to the next semester unless he satisfies the attendance requirement of the present semester/1 year, as applicable they may seek re-admission for that semester/ 1 year when offered next.
iv) Shortage of Attendance below 65% in aggregate shall in No case be condoned.
V)Students whose shortage of attendance is not condoned in any semester/1 year are not eligible to take their end examination of that class and their registration shall stand cancelled.
vi)A stipulated fee shall be payable towards condonation of shortage of attendance.”
Thus, as per the guidelines of JNTU, Kakinada, the aforesaid rules are mandatory. But the complainant did not secure 75% of attendance in aggregate of all the subjects and he was continuously absent and he could not, therefore, appear for any semester or the final examination of the said year (2009-2010). Even in the application for admission into Engineering Course Under Category ‘B’ seats, not only the Complainant but also his father gave declarations on the 2nd page of the said application. As per their declarations, the Complainant is bound to follow the guidelines which are mandatory as stated supra.
However this respondent tried their level best to see that the complainant secured the required percentage of attendance and also they used to give information to their guardians to come and join the college and when he was continuously absent without prior intimation and permission and without any acceptable and sufficient reason.
Further this respondent submits that the complainant joined in the college for I.T. Course under ‘B’ category (Management quota) under which the complainant should pay Rs.91,700/- towards college fees per year which is also mandatory as per prescribed rules and guidelines. The complainant joined the said course at the end of admissions by paying Rs.15,000/- only as token advance by requesting time to pay the remaining amount within a short period. This respondent in order to fill the seats considered his request and accepted the said amount as token advance. However the complainant and his guardian - father were specifically intimated to pay the remaining amount within 5 to 7 days for which they have also agreed. Inspite of several demands made by the college, the complainant did not choose to pay the remaining amount to the college. The complainant deliberately suppressed the aforesaid facts.
It is also submitted by the OP that the complaint is hopelessly barred by limitation. Even according to the complainant’s own version, his right to claim any right against this respondent is barred by the year 2012 since the complainant started demanding this respondent to return the documents in the year 2010. The OP submits that if really the complainant started requesting this respondent to return the documents, he should have taken appropriate legal steps as per law for getting the original documents returned by fulfilling the mandatory requirement as prescribed by JNTU guidelines. Hence this respondent again reiterates that he or any of his staff members cannot adopt their own methods in joining the student and returning the documents in case he does not continue the course since they are controlled and guided by the mandatory guidelines of JNTU, Kakinada. Under the above circumstances, it is clear that the complainant committed deliberate fault in not paying the remaining prescribed fees, in not securing the required percentage of attendance and in not appearing for any semester and also final examination of the 1st year and accordingly failed to continue the course.
Also this respondent sent appropriate reply notice dated 23.08.2014 to the legal notice got issued on behalf of the complainant demanding him to pay the remaining amount of Rs.76,700/- after deducting Rs.15,000/- from Rs.91,700/- fixed towards fees for the 1st year as this respondent is legally entitled to receive the said amount. But the complainant did not come forward to take back his documents by paying the aforesaid amount and further he filed this complaint knowing fully well that there is no deficiency of service on the part of OP in any manner whatsoever. Hence there are no bonafides or merits in the complaint and accordingly the complaint is liable to be dismissed limini with exemplary costs in the interest of justice.
PW-1 is examined and Exhibits A1 to A3 are marked on behalf of the complainant and RWs 1 and 2 are examined and exhibits B1 to B5 are marked on behalf of the OP.
Heard arguments on behalf of OP but the complainant and his counsel called absent at the time of arguments. Posted for orders. The orders are as follows:-
The counsel for the OP advanced oral arguments by reiterating what was stated in the counter, evidence affidavit and brief written arguments respectively whereas the complainant and his counsel called absent at the time of hearing and hence no oral arguments were advanced on behalf of the complainant though the complainant filed evidence affidavit and Brief written arguments respectively.
The main contention of the complainant is that even though at the time of joining in the college his father on his behalf paid Rs.15,000/- for which the OP issued receipt on small paper containing signature and seal with denomination of notes and the said receipt was issued in his favour under ‘B’ category and subsequently the father of the complainant paid total fee for the 1st year course but the college demanded Rs.10,000/- from the complainant to allow him for the 1st year examination for which the father of the complainant refused. Further contention of the complainant is that due to insufficient attendance as he suffered with ill health and could not attend classes for some days, the OP did not allow him to attend the final examination of the 1st year. Hence since the year 2010, though the complainant has been approaching the OP several times requesting them to return the original certificates i.e. S.S.C. certificate, T.C./Study certificate, Intermediate T.C. and original P.C. the OP did not do so inspite of legal notice served to them on 09.08.2014 as a result of which the complainant could not prosecute his further studies and could not attend interviews and also could not apply for competitive tests and lost his bright future including employment opportunities and thereby he suffered much loss, damages and mental agony for which the OP is liable to compensate.
The contentions raised by the OP is that the complaint filed by the complainant is hopelessly barred by limitation as contemplated U/s-24A of the C.P.Act besides the fact that the complainant wrongly chosen the jurisdiction of this Honourable Authority. Further contention of the OP is that it is the mandate on the part of every joining student to submit the original certificates like S.S.C. Pass certificate, Intermediate certificate, Transfer certificates of school and junior college at the time of joining in the respondent college. However this respondent does not remember as to whether the said original certificates were handed over in the OP’s college at the time of joining in I.T.Course of engineering in 2009. It is also contended that the student shall be eligible to appear for University Examinations if he acquires a minimum of 75% of attendance in aggregate of all the subjects and condonation of shortage of attendance in aggregate upto 10% in each semester or 1st year may be granted by the college academic committee. Further a student will not be permitted to the next semester unless he satisfies the attendance requirement and shortage of attendance below 65% in aggregate shall be in no case be condoned as per the guidelines of JNTU, Kakinada. The aforesaid rules are mandatory and since the complainant did not secure 75% of attendance in aggregate of all the subjects and was continuously absent, he could not therefore appear for any semester or the final examination of the said year i.e. 2009-2010. Even in the application for admission into engineering course under ‘B’ category seats, not only the complainant but also his father gave declarations on the 2nd page of the said application and hence as per the above, the complainant is bound to follow the guidelines which are mandatory as stated supra. Further, the respondent contends that since the complainant joined in the college in the I.T.course of engineering in ‘B’ category (Management quota, the complainant should have to pay Rs.91,700/- towards college fees per year which is also mandatory as per the prescribed rules and guidelines. The complainant joined the aforesaid course at the end of admissions by paying Rs.15,000/- only as token advance by requesting time to pay the remaining amount within a short period but he did not do so though agreed to pay the same within 5 to 7 days. However the OP specifically admitted that they are ready to return the original documents if the complainant will pay the remaining amount of Rs.76,700/- after deducting Rs.15,000/- from Rs.91,700/- fixed towards fees for the 1st year as this respondent is legally entitled to the said amount.
Perused the material placed on record and now the point for consideration is whether there is deficiency in service and dereliction of duty on the part of OP and whether the complainant is entitled for the reliefs prayed in the complaint?
The principles laid down in the case I (2012) CPJ 186 between Guru Gobind Singh IndraPrastha University – Appeallant Vs Disha jain – Respondent decided on 19.10.2011 by the Honourable Delhi State Commission are also applicable in the case on hand in which it was held that “Refund of admission fee – cancellation of admission Deficiency in service – complainant got provisional admission in OP and deposited demand draft of Rs.58,000/- towards admission fees – course commenced – Got admission call from another institute – Requested OP to stop processing her candidature and refund of fees – OP not acceded to her request – complaint filed which was allowed and refund of fee directed after deduction of normal administrative charges – compensation of Rs.3,000/- as well as litigation charges of Rs.2,000/- also awarded – Hence appeal – Since no waiting list was maintained by the institution concerned as given guideline issued by University Grants Commission, it was held that it was not open to University to contend that their seat was likely to remain vacant if the candidate did not join the institution - seat would not have remained vacant if institution had maintained waiting list”.
In view of the above and since the OP did not disclose whether cancellation of admission of the complainant was done and whether waiting list was maintained by their institution and further no letter was furnished by the OP as to whether their college had intimated to the student or his father about his continued absence to the classes and also regarding payment of the balance amount due if any from the complainant, the contentions raised by the O.P. in the above paragraphs cannot be accepted and straight way rejected. It is also specifically pleaded by the complainant that he attended classes for some days and could not attend classes subsequently due to his ill health and since shortage of attendance he could not attend final examination of the 1st year, as he was not allowed by the college authorities due to insufficient attendance. Also he has been requesting the college authority several times to return his original certificates lodged with the college at time of his admission since 2010 and also issued legal notice to the OP on 09.08.2014 after his father’s last visit to the OP in the month of july, 2014 with a request to return the said original certificates but did not yield any result.
In view of all the foregoing discussions, we are of the considered opinion that the complainant filed his complaint in the right Forum since the college of the OP is situated within the jurisdiction of this Forum. Also there is a continuous cause of action for the complaint since the complainant/his father has been approaching the college authorities with a request to return the original certificates in order to protect his bright future/career since 2010 and hence there is also no bar on limitation for this complaint. The O.P. did not produce any cogent evidence to prove that they have a lien to retain the certificates deposited with them till the entire fee is paid by the latter to the former.
In the light of all the foregoing discussions/observations, the complaint is entitled to be partly allowed.
In the result the complaint is partly allowed directing the OP to return the original certificates of the complainant i.e. S.S.C. Pass certificate No-06/055200/015616/5 held in March 2007, T.C, Study certificates issued by principal of Narayana college, Vizianagaram bearing admission no-2957/2007-2009 bearing certificate No-3087 and Intermediate pass certificate bearing no-092422642 of March 2009 to the complainant. The O.P. is further directed to pay Rs.3,000/-(Three Thousand Only) towards compensation for mental agony caused to the complainant and costs of the complaint of Rs.1,000/- (Rupees One thousand only) which includes advocate fee of Rs.500/- (Rupees Five Hundred only). This order shall be complied within one month from today.
Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 20th day of April, 2015.
MEMBER PRESIDENT
C.C.No.58 / 2014
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant:- For opposite parties:-
PW 1 RW1 & RW2
DOCUMENTS MARKED
For Complainant:-
Ex.A-1 Receipt for Rs.15,000/- issued by O.P.in favour of complainant, Dt.13.11.2009.
Ex.A-2 Office copy of legal notice got issued by complainant to O.P, Dt.09.08.2014.
Ex.A-3 Reply notice got issued by O.P, Dt.23.08.2014.
For O.P’s:-
Ex.B-1 Abstract copy.
Ex.B-2 JNTU Copy.
Ex.B-3 A.P.State Council of Higher Education Copy.
Ex.B-4 Lendi Institute of Engg & Technology copy.
Ex.B-5 Lendi Institute of Engg & Technology copy.
President
