Orissa

Rayagada

CC/65/2018

Smt. Amita Bhuyan - Complainant(s)

Versus

The Secretary National Institute of Opening Schooling Siriopuram - Opp.Party(s)

Sri Pradeep Ku Dash

15 Dec 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 65 / 2018.                                Date. 15    .  12 . 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                   President

Sri GadadharaSahu, .                               Member.

Smt.  Padmalaya  Mishra,                          Member

Smt Amita Bhuyan, D/O: Sri M.Bhuyan, At: Satimguda, Po: Jagannathpur,   Via: Gunupur, Po/Dist: .Rayagada,  State:  Odisha. Pin No. 765 034.

Enrollment No. 920114302125                                                                       …….Complainant

Vrs.

1.The Secretary. National Institute of Open Schooling, Regional Centre, At: 5^th. Floor, “B” Block, VUDA Complex, Siripuram, Visakhapatnam, 530003, State:Andhra Pradesh.                     

2.The Register, National Institute of Opening Schooling, At: A-24-25, Institutional Area, Sector-62,  Noida, 201309 Uttar Pradesh                                                 .…..Opp.Parties

Counsel for the parties:                         

For the complainant: - Sri Pradeep Kumar Das,  Advocate, Rayagada..

For the O.P No.1 :-Self.

For the O.P. No.2:-Set exparte.

.                                         J u d g e m e n t.

        The  present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non issuance of + 2 Science course for the year 2013-15 final Board Pass certificate and  Provisional  certificate bearing  enrolment No. 920114302125 .  The brief facts of the case  has summarised here under.

          The complainant has completed her studies  +2 Science  during  the year 2013-2015 and her  Enrollment No. 920114302125  as  mentioned in the Migration-cum-transfer certificate which  was issued by the O.Ps. To get the  above original Board and provisional certificates the complainant  has already  paid  all the dues.   But till date the complainant has not received the above certificates from the O.Ps.  Hence this case. The complainant prays the forum  direct the O.Ps to issue the original  and provisional certificates of  +2 Science   in favour   of the complainant immediately  and such other relief as the hon’ble forum deems fit and proper for the best interest of justice.

Upon  Notice, the O.P No.1 put in their appearance and filed  written version in which  they refuting allegation made against them.  The O.P No.1     taking one and another pleas in the written version   sought to dismiss the complaint.. The facts which are not specifically admitted may be treated  as denial of the O.P No.1. Hence the O.P No.1   prays the forum to dismiss the case against  them  to meet the ends of justice.

On being noticed  the O.P. No.2  neither entering in to appear before the forum nor filed their  written version inspite of more than  06 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.P No.2.  Observing lapses of around 8(Eight) months  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.P No.2. The action of the O.P No.2 is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

The O.P No.1  appeared and filed their written version.  Arguments from  the O.P No.1    and  from the learned counsel for the complainant  heard.   Perused the record, documents, filed by both  the parties. 

            Both the parties  have  vehemently advanced arguments touching the points both on the facts  as well as on  law.

                                                                     FINDINGS.

            On perusal of the record  this forum observed  there is no dispute  that the complainant had appeared  examination  i.e. +2 Science  during  the year 2013-2015  under the supervision of the O.Ps and passed the senior Secondary course in October,2014.   Again it is revealed there is no dispute that the  complainant has received Marks statement and Migration-cum-Transfer certificate from the O.Ps bearing  enrolment No. 920114302125.   

On  perusal of the written version  filed  by the  O.P No.1  it is revealed that  both the  O.Ps. have  not  taken any serious  steps  for issue of original certificates in favour of the  complainant which is  negligence  and deficiency in service  on the part of the O.Ps.

The O.P No.1  in their written version contended that  this office had forwarded the passing certificate of the complainant to address mentioned   as it was the address which existed in the student database maintained by the office  at that time. The complainant had never applied for change of address and hence the passing certificate were also  forwarded the same  address in which  the candidate had received the other three certificates i.e. Mark sheet, Migration-cum-Transfer certificate and provisional certificate. When the complainant had received the other three certificates it is assured that she had received the passing certificate too.  The complainant vide her letter  Dt.28.5.2015 had applied for correction in her Mother’s name and also requested  for change of date of birth in three certificates viz. Mark sheet, Migration-cum-Transfer certificate and provisional certificate. The complainant   had requested that her revised corrected certificates be forwarded  to the following address:   Satinguda, Post: Jagannathpur,Via:Gunupur,Dist: Rayagada Pin No. 765 034.  The O.Ps had made corrections and issued Mark sheet and Migration –cum-Transfer certificate to the complainant in the new address mentioned  above as per her request vide Lr. No.  F-525  17/2014/RC/Gen. Adm./Gen. Letter 13240 Dtd. 9.9.2015. However, the provisional certificate was not handed over to the complainant as it is valid only for 6 months from the date of declaration of results. The  office possesses the original  provisional certificate and  can be handed over to the complainant if she desires so.  However, it will not be valid  as on date as already three  years have passed since the complainant has passed the  examinations.  The O.Ps had not received the passing certificate for correction it is presumed that they are    in the possession  of the  complainant.  When ever, the office receives the passing certificate along with a request  to do corrections (as done in the earlier  three certificates)  in the certificate, we would readily forward  the case to Headquarters and hand over the  revised corrected passing certificate to the complainant.  In  case the  complainant had lost the passing certificate or is not able to trace the certificate, she can readily apply for  duplicate certificate to the O.P. No.2  in the prescribed application form  along with documentary proof  and original  affidavit duly signed   by  Ist. Class   Magistrate with the prescribed  fee. The duplicate certificate3 would be readily issued by  the O.P.No.2.

During the course of hearing the learned counsel for the complainant  vehemently  argued  that  for the last 3(three) years  the O.Ps  have harassed to the complainant for giving original board +2 Science  pass certificate. The complainant  has made  number of phone call and had sent several   letters from time to time  to get the pass certificate, but till date the O.Ps have not sent the final Board  pass +2  science certificate  in favour of the complainant for some or other plea.  The learned counsel for the complainant further  argued  till  date the complainant has not received the original certificate  from the  O.Ps, why  he will take duplicate  certificate ?

Prior  to delve in to the merit  of the case on outset  we have to  consider whether the complainant is a consumer under C.P. Act?  While answering  the issue  we would like to refer the citation.  It is held and reported  in CPR-2011(2) page No. 94 (National Commission) and reported  in  OLR(CSR) 2005(1) State commission, Cuttack  page  No. 71  where in the commissions  observed  “that Educational institution  imparting  of education  for consideration  falls within the  ambit of service as defined in the Act.  A student who takes admission in the educational institution hires  the service of the educational institution for consideration,  he is a consumer as defined under the Act.

It is held and reported in Current Consumer Case 2004 page No.27 where in  the Hon’ble  Supreme Court  observed  the redressal mechanism  established  under the Act is “not supposed to supplant but to supplement the existing judicial system”. It is well settled  principle of law that the statutory authority   should act under the provisions of the relevant statue and if they do  not   act accordingly, the Consumer Forum  have the jurisdiction because  not acting under the provisions of the statute/Act it amounts to deficiency   of service.

By virtue of Article-300, if a competent legislation  enacts a law for compensation  or damage  for  an act done by it  or its officers in discharge of their statutory  duties.  Thus  a suit for it  would be maintainable.  No civilized  system  can prorupt    on executives  to play  with people  of  its country  and claim that it is entitled to act  in any manner   as it  is sovereign needs  of the state, duty of  officials  and right  of the citizens are to be reconciled.  So that  the role of law   in a welfare state  is not shaken  (N.Nagendra Rao & Co.  Vrs. State of Andhra Pradesh ( 1994) 6 SCC-205 /AIR 1994 SC  2663.     

Admittedly, in the case at hand,  the complainant has  availed  service on payment of consideration in shape of fees  which was received by the O.Ps  for  issue of  original Board, Provisional certificates  in favour of the complainant.

On perusal of the  correspondences made  with the O.Ps  it is clearly noticed   that there is  a deficiency of service by the statutory authorities  in regard to issuance of certificates and when the application for issue of Original, Provisional  certificates the   O.Ps ought to have made an enquiry about the same, rather the O.Ps have contended in their written version  that they have  already sent the same to the complainants address  through Registered post. But to substantiate the evidence  the postal receipt  has not been filed  before the forum  by the O.Ps  on what date the OPs have  sent the same to the complainant.  Due to  non  submission  of  documentary evidence by the O.Ps the plea raised by the O.Ps in their written version   stands   rejected.

After receiving  voluminous letters from the complainant   now both the O.Ps  are playing  mischief  in the matter  causing mental agony to the complainant  since she is unable to seek any employment without the original certificates.  Further the O.Ps are  playing   with  the career of the complainant.  We  observed the deficiency and negligence exhibited by  both the O.Ps  are so grave that such  negligence has effected   the life and avocation of a student and as such their action is deemed to have been  a breach of  the fundamental right as provided under Article- 14  of the constitution.  It is  submitted that the matter of negligence  or omission by a statutory  is to be complied soon  so that  it will not infringe the fundamental right guaranteed under the    constitution and they have a right to rectify the same and to provide such service   to the student who appeared the said examination  in the year 2013-2015

Again  It is held and reported  in  C.P.R- 2010(2) page No.426  where in  the Hon’ble  State   Commission, Andhra  Pradesh  observed  “Where complainant joined M.Sc  course  and appeared in  examination  conducted   by  the  University, the latter would  be obliged  to issue original  certificate  to the complainant.”

Further  it is held and reported  in C.P.R. 2006(2) page No. 314 the Hon’ble  State Commission, Chhatisgarh  where in observed “ Education-Delay  in issuance  of certificates-University  is responsible for non fulfilment of their obligations to furnish certificates to the complainant”.  In the present case  non  issuance of certificates  by the O.Ps forced the complainant   to sit idle and preventing  him from being an employee and lost opportunity  to  get any job  or employment  due to the callousness  and negligence of the O.Ps. Hence, he faced monetary loss on account of unemployment.

 

In our view  the action of the O.Ps  prior to duty bound  should  have corrigendum  its  crocodile  process  to settle  the dispute of the student  and consequently  should take  war footing   steps  to settle the  matter by issuing the original Board pass certificate  and Provisional  certificates  in favour of the complainant.

In the present case the O.Ps have not come with  clean hands and their submission before this forum is found to be avoid the legitimate right as claimed by the  complainant as such the plea of the O.Ps can not be  accepted.  Since the complainant is hope full of getting  original certificate in the door steps and denial of such legitimate right  is a deficiency of service putting the complainant in to financial trouble and to drag him in to legal complications.  Hence in order to avoid the same and to save the complainant from the present plight the O.Ps are advised  to issue original certificates in favour of the complainant in the spirit of legislation  intent. Further  for failure to act properly by the O.Ps  the complainant should not be  deprived of their  legitmate entitlement.  It is   ensured  that the  benefits to which the complainant is eligible and entitled to enjoy  it and it should not became   a distant dream  so as to have peaceful  living.

Further we observed the O.Ps are not rendering proper service to the complainant establishes their callousness and whimsical attitude. The  forum feel that the O.Ps services are deteriorating and does not follows   ethics.  Due to the same attitude  the complainant deprived of  to get the job in these hard days.

In view of the above discussion relating to the above case and  In Res-IPSA-Loquiture  as well as  in the light of the settled legal position  discussed  as above referring citations the plea of the  O.Ps to avoid the claim  which is Aliane Juris. Hence  we allow the above complaint petition  in part.

Hence to meet the ends of justice, the following order is passed.

                                                               

                                                                                ORDER.

In Resultant the complaint petition is allowed on contest  against the O.Ps.

The  O.Ps are ordered to issue final Board Pass certificate and Provisional  Certificates of  +2 Science   course for the year 2013-15  bearing  enrolment No. 920114302125  in favour of the complainant immediately.  The O.Ps are directed to pay Rs.1,000/- towards litigation expenses.

 The O.Ps  are  ordered to comply the above directions within 30 days from the date of receipt of this order failing which  Rs.20,000/- will be entitled by the complainant  towards mental agony.

Dictated  and corrected by me

Pronounced on this         15^th.      day     of      December,       2018.

Member                                  Member.                                                    President.