Order-12.
Date-10/08/2016.
This is an application u/s.12 of the C.P. Act, 1986.
The instant case relates to a petition alleging deficiency of service against the OPs.
The case of the complainant, in short, is that she had taken admission in the year 2011 under the Directorate of Distance and Continuing Education conducted by OP1 in respect of MBA course marketing, Enrolment No. being C11S14033001. The said course is conducted from Kolkata through their registered study centre being OP2. OP2 is the association of OP3 and jointly execute their various course programmes in collaboration with OP1. The complainant submits that she has successfully completed the said course in the year December, 2012 but till date, in spite of repeated reminders and persuasions, no certificate pertaining to the said post has been issued by the OPs. On 28-02-2015 the complainant wrote to Public Information Officer of the said University under RTI Act, 2015 and brought the matter of non-issue of certificate in favour of the complainant. In reply to such RTI Application the said university had issued a letter dated 19-03-2015 stating that mark sheet has been sent to the study centre being OP2 and provisional certificate has been sent to the complainant’s residential address. But the complainant alleges that she has received neither the mark sheet nor the provisional certificate. The complainant thereafter, issued legal notice dated 07-12-2015. OP2 through its Advocate replied, inter alia, stating that OP2 has snapped all ties with OPs 1 and 3. The complainant submits that she had lost three vital years of her career for the negligence and deficiency of service on the part of the OPs. Hence, this case.
Neither of the OPs have appeared in this case nor filed any written version or contested the case. The case was fixed for ex parte against the OPs, as such.
Subsequently, OP1 filed a petition on 09-08-2016 after hearing of the argument on the side of the complainant, inter alia, praying for time for filing Examination in Chief. The petition could not be entertained as the case was already fixed for ex parte hearing and ex parte argument was also heard and more so, this District Forum has no power to review, recall, modify or vacate its own order.
Point for Decision
- Whether the OPs are deficient in rendering service to the complainant?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have gone through the petition of complaint as well as the documents on record namely Student Identity Card issued by OP1 University, application under RTI Act, 2005, reply of OP1 University, fees clearance certificate, legal notice as filed from the end of the complainant. We find that the complainant has successfully completed the MBI in Marketing under Directorate of Distance and Continuing Education conducted by OP1 University but till date in spite of repeated reminders and legal notice, no certificate pertaining to the said course has been issued by the OPs. In reply to the petition under R.T.I. Act 2005 OP1 has stated that it had sent mark statement to the study centre being OP2 and a Provisional Certificate had also been sent to the complainant’s residential address but the complainant alleges that she has not received neither of the mark sheet nor the provisional certificate. Surprisingly enough by legal notice OP2 had stated that OP2 has snapped all ties with OPs 1 and 3 but OP1 has stated categorically in its reply to the application under RTI Act of the complainant that the mark statement has been sent to the study centre being OP2. We find that the OPs were jointly inter related in the completion of the said post and therefore, they are jointly and severally liable for the deficiency of service in respect of non-issue of certificate of pass out in spite of complying with all the formalities including the entire course fee by the complainant. No document is also forthcoming to us that OP1 had sent the mark sheet and provisional certificate to the complainant like track report etc.
None came from the side of the OPs to challenge or contradict the version of the complainant. The version of the complainant remains unchallenged and uncontroverted.
We find that the OPs have put up a careless attitude towards the career of the complainant and as a result, the complainant has suffered loss of three vital years without the decree. We think that all the OPs are vicariously liable for deficiency of service. The complainant is entitled to get the relief as prayed for.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed ex parte but on merit against the OPs.
OPs are directed jointly and severally to issue the mark-sheet and provisional certificate of the course of MBA in Marketing within 30 days from the date of this order.
OPs are also jointly and severally directed to pay a sum of Rs.70,000/- to the complainant for the harassment and mental agony caused to the complainant apart from litigation cost of Rs.10,000/- within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act.
