BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

DATED 25^TH DAY OF JANUARY 2016

O R D E R

SRI.P.V.SINGRI, PRESIDENT

One Mrs.Vijaya Kumari W/o.Raghavendra Nayak, (herein after referred as complainant) enrolled herself in MSc correspondence course through AVK First Grade College (herein referred as OP)affiliated to Bangalore University and paid necessary fees and submitted original marks card to the said college on 29.01.2013.  The complainant was not furnished with admission ticket by the OP.  The husband of complainant Mr. Raghavendra Nayak made lot of enquiries with the OP for necessary information regarding the admission.  However no requisite information was given.  When the complainant visited the university to enquire about the same they expressed their helplessness to furnish any information without the admission ticket.  The complainant was furnished with study materials only after repeated requests. However, she was not informed about the contact classes arranged by the university.  The complainant called up OP College on 27.11.2013 to ask for the examination schedule and one Mr.Rajkumar of the OP College who received the call and stated that the examination schedule is not yet announced and she will be informed about the examination schedule well in advance.  On 07.12.2013 one Mr.Nagaraju from the OP College called up the complainant asking her to collect Hall Ticket stating that the examination schedule will starts put her from 09.12.2013. 

 2.  The complainant who is working as a teacher in a private school would not be permitted to take leave without prior permission and intimation and if she shall go on leave without prior approval her services will be terminated.  Therefore, she could not able to attend the examination on 09.12.2013 due to short notice period.  On her investigation in various websites she came to know that the university has announced examination schedules in the month of October-2013 itself.  However, the OP College did not inform the complainant about examination schedule well in advance.  When the complainant and her husband had a discussion with the principal about these issues and except terminating one employee of the college, the OPs did not initiate any action.  Further the complainant came to know that her admission to the university has been taken on 04.12.2013 by the OP College despite collecting entire fee from her on 29.01.2013 itself.  When the complainant and her husband discussed about the same with the principal she was asked to appear for the supplementary examination. The complainant requested to appear for the supplementary examination as she had never appeared in the past in the supplementary examination which would give impression that she has failed in the main examination.  The complainant wanted the OP college to refund her the fee given by her for admission or permit to attend as a fresh candidate for which the OP college refused.  The complainant then intimated OPs, that if her request is not entertained she has to approach the competent court of law for redressal.  The OP College did not respond.  Because of the deficiency in service on the part of the OP, the complainant lost one academic year and was put to great hardship, inconvenience and mental agony.  Therefore, the complainant prays for an order directing the OP college to refund her the money paid for admission and to pay Rs.1,00,000/- as compensation with litigation cost. 

3.   In response to the notice issued one official by name Mr.Safdar Afzal appeared before the Forum and sought time to engage Advocate.  Subsequently, OPs failed to appear and also failed to contest the complaint by filing their version.  We find from the records that Advocate Sri.B.G.Sriram filed his power to OP, but no version was filed.  Therefore, the complainant was called upon to file her affidavit evidence.  Accordingly, she filed her affidavit evidence reiterating the allegations made in the complaint. 

4.  Perused, the allegations made in the complaint, sworn testimony of the complainant, various documents produced by the complainant including the e-mail communication between herself and the OP and other material placed on record. 

5.  The copy of the receipt dated 29.01.2013 issued by OP college in favour of the complainant goes to establish that the complainant paid a sum of Rs.10,200/- towards admission fee for MSc Mathematics. The e-mail communication between the complainant and the OP also establish that the payment of the said fee by the complainant.  The allegations made in the complaint and the sworn testimony of the complainant goes to show that the OP college despite collecting necessary fee of Rs.10,200/- from the complainant on 29.01.2013 itself failed to furnish any document pertaining to her admission to Post Graduate course of Mathematics.  From the material placed on record, it is apparent that despite collecting fee of Rs.10,200/- on 29.01.2013 itself, the OP college failed to register the name of the complainant for the said course even thereafter and only on 04.12.2013 they got admitted the complainant to the said course. This inordinate delay on the part of the OP College in getting admission to the complainant to the said Post Graduate course certainly amounts to gross deficiency in service on the part of the OP College. 

6. The copy of the websites of the Bangalore University discloses that the examination scheduled has been announced on 03.10.2013 but however the OP College did not inform the same to the complainant immediately thereafter so as to enable her to approach her superiors for necessary leave to appear for the examination.  This conduct of the OP amounts to serious deficiency on their part. 

7.  The conduct of OP college in not registering the name of the complainant for the said Post Graduate course immediately after collecting necessary fee on 29.01.2013 and their conduct in intimating the complainant just two days prior to the examination has resulted in great inconvenience and hardship to the complainant in appearing for the examination thereby resulting in loss of one academic year.  The OP College has no justification for the inordinate delay in getting admission to the complainant to the Post Graduate course and also for the inordinate delay in informing the complainant about the examination schedule though the same was announced by the university in the first week of October 2013.   Having committed gross deficiency in providing service to the complainant the OP College indulging itself in harassing the complainant by not returning the fees collected by it.  This must have been put the complainant to lot of mental agony.  Therefore, we are of the opinion that apart from directing the OP college to return the fees to the complainant the OPs have to be directed to pay a compensation of Rs.15,000/- towards deficiency in service together with litigation cost of Rs.4,000/-. 

8.  The order could not be passed within the stipulated time due to heavy pendency.  In the result we proceed to pass the following:-

    ORDER

1. The complaint filed by complainant u/s.12 of the Consumer Protection Act, 1986 is allowed. 

2. The OP College is directed to refund Rs.10,200/- to the complainant within four weeks from the date of communication of this order, in default they shall pay interest at the rate of 18% per annum on the said amount from 29.01.2013 till the date of realization.

3. Further OP College is directed to pay compensation of Rs.15,000/- to the complainant towards deficiency in service on their part together with litigation cost of Rs.4,000/-.

4. Furnish free copy of this order to both the parties.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Forum by us on this the 25^th day of January 2016)

MEMBER                               MEMBER                              PRESIDENT

NRS* 

C.C.No.1279/2014

Witness examined on behalf of the complainant dated 06.12.2014

1. Smt.Vijaya Kumari

Witness examined on behalf of the OP - Nil

List of documents produced by the OP - Nil

MEMBER                               MEMBER                              PRESIDENT