Tamil Nadu

South Chennai

CC/107/2007

K.Maragathavalli - Complainant(s)

Versus

The Tamilnadu Dr.M.G.R.Medical University - Opp.Party(s)

Loganathan & others

08 Feb 2018

ORDER

                                                                                                                           Date of Filing  : 15.08.2005

                                                                          Date of Order : 08.02.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNA (SOUTH)

2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L,                    : PRESIDENT

                 TMT. K. AMALA, M.A. L.L.B.                                 :  MEMBER-I

            DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II    

CC. NO.107 /2007

THURSDAY THE 8^th DAY OF FEBRUARY 2018

                                              

K. Maragathavalli,

D/o. N.Kasiniventhan,

No.34, New Street,

Thenthepuperai Post,

Tuticorin District 626 623.                                 .. Complainant

 

                                      ..Vs..

 

1. The Tamilnadu Dr.M.G.R.Medical

University,

Rep. by its Registrar,

Guindy, Chennai.

 

2. The Peeril Peace Medical Mission,

College of Pharmacy,

Through its Secretary,

M.D.T. Hindu College Campus,

Pettai, Tirunelveli                                             ..  Opposite parties.

 

 

Counsel for complainant           :  M/s. C.S.V.Loganathan & another   

Counsel for opposite party-1  :  M/s.Sanjay Ramasamy  

Counsel for opposite party-2  :  Exparte.    

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section  12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.4,00,000/- towards compensation for mental agony, Book and Stationery expenses, Hostel and mess charges and to pay cost of the complaint.  

1. The averments of the complaint in brief are as follows:

          The complainant submit that  she has joined the B.Pharm course for the academic year 2000-2001 in the 2^nd opposite party Preeril Peace Medical Mission College / Pharmacy, Tirunelveli.  The 2^nd opposite party proclaimed that due approval has been granted by the 1^st opposite party Dr. M.G.R. Medical Mission University and approval by all India Council for Technical Education and pharmacy council for India and the complainant was selected by single window system.  The complainant came to understand that the 2^nd opposite party’s approval was cancelled and the complainant  for the B-Pharm course for the year 2001-2002 and 2002-2003 successfully and cleared all papers in Examination conducted by the University the 1^st opposite party results were declared by the 1^st opposite party.  The Act of the opposite parties 1 & 2 by admitting the complainant for B.Pharm course from 2001-2002 and conducting Examinations declaring results without approval.     As such the act of the opposite parties amounts to deficiency in service and unfair trade practice which caused mental agony and hardship to the complainant.   

2. The brief averments in the written version filed by the 1^st  opposite party is as follows:

The 1^st  opposite party deny each and every allegations except those that are specifically admitted herein.  The  1^st opposite party state that the provisional affiliation for the academic year 1996-1997 was granted to the opposite party for admitting 50 students. In continuation of such provisional affiliation till 1999-2000 the 2^nd opposite party was permitted to take 50 students during the academic year 2000-2001. While inspection the 2^nd opposite party has not complied and rectified the deficiencies and submitted complaints report.   Hence during the academic year 2000-2001 itself the provisional affiliation for admission of 50 students was reduced to 25.   During the academic year 2001-2002 the 1^st opposite party withheld the continuance of provisional affiliation on the ground of non-approval by All India counsel for Technical Education & Pharmacy counsel of India.   During the Academic year of 2002 -2003 the 1^st opposite party has not recommended for affiliation due to non rectification of deficiency and unapproved status of 2^nd opposite party.   Further the 1^st opposite party states that the students of 2^nd opposite party namely St. Anitha & 5 others including the complainant in this case jointly filed W.P. No.10305/2002 for issue of writ of Mandamus.   The Hon’ble High Court also in his order dated 8.11.2002 in COP No.37141/2002 directed the opposite party to accommodate the students in appropriate colleges and entitled to claim damages; This opposite party directed the students of opposite party-2 college and Fathima College of Pharmacy and allotted Pvt. College in the state.    The complainant was given due allotment to join K.H. College of Pharmacy, Madurai in February 2007.  The complainant can claim compensation only from 2^nd opposite party.   Hence there is no deficiency in service on the part of the 1^st opposite  party and the complaint is liable to be dismissed.

3.   Inspite of service of notice the 2^nd opposite party called absent and set exparte.

4. In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A12 marked.  Proof affidavit of the 1^st opposite party filed and Ex.B1 marked on the side of the  1^st  opposite party.

5.      The points for consideration is :

Whether the complainant is entitled to a sum of Rs.4,00,000/- towards compensation for the expenditure incurred towards education and for mental agony including physical torture and damages with cost as prayed for?

 

 

 

6.    ON POINT:

       

        Both parties has not turned up to advance any oral arguments.  The 1^st opposite party filed written arguments.  Perused the records (viz) complaint, written version, proof affidavits and documents etc. The complainant pleaded and contended that she has joined the B.Pharm course for the academic year 2000-2001 in the 2^nd opposite party Preeril Peace Medical Mission College / Pharmacy, Tirunelveli.  The 2^nd opposite party proclaimed that due approval has been granted by the 1^st opposite party Dr. M.G.R. Medical Mission University and approval by all India Council for Technical Education and pharmacy council for India and the complainant was selected by single window system. But the complainant came to understand that the 2^nd opposite party’s approval was cancelled and suppressed the facts of cancellation admitted the students including complainant  for the B-Pharm course for the year 2001-2002 and 2002-2003 successfully and examination conducted and cleared all papers in the Examination conducted by the University the 1^st opposite party results were declared by the 1^st opposite party.  The Act of the opposite parties 1 & 2 by admitting the complainant for B.Pharm course from 2001-2002 and conducting Examinations, declaring results without approval amounts to unfair trade practice and deficiency in service.   Further the complainant contended that the students who came out of the 2^nd opposite party college after completion of course applied for registration with the pharmacy council of India which was rejected on the grounds that the impugned college was not approved  proves that the fate of the students who studied in their college is under Pearl Peace.  Further the complainant contended that the affected students filed writ petition before the Hon’ble High Court in which the Hon’ble High court also considered the grievances of the affected students and suitable directions were also issued.  The Hon’ble High Court also observed that the students are entitled to appropriate action as …  due compensation and damages.   The complainant is claiming a sum of Rs.1 lakh towards expenses incurred towards Mess and stationery and another sum of Rs.2 lakhs towards physical torture and mental agony and another sum of Rs.1 lakh towards damages for such loss of period of education.   The complainant also produced Ex.A5, Ex.A6 & Ex.A11 Fees details list.   

 

7.     The contention of the 1^st opposite party is that the provisional affiliation for the academic year 1996-1997 was granted to the opposite party for admitting 50 students. In continuation of such provisional affiliation till 1999-2000 the 2^nd opposite party was permitted to admit 50 students.  During the academic year 2000-2001 while inspection the 2^nd opposite party has not complied and rectified the deficiencies and submitted compliance report.   Hence during the academic year 2000-2001 itself the provisional affiliation for admission of 50 students was reduced to 25.   During the academic year 2001-2002 the 1^st opposite party withheld the continuance of provisional affiliation on the ground of non-approval by All India counsel for Technical Education & Pharmacy counsel of India.   During the Academic year of 2002 -2003 the 1^st opposite party has not recommended for affiliation due to non rectification of deficiency and unapproved status of 2^nd opposite party.   Further the contention of 1^st opposite party is that the students of 2^nd opposite party namely St. Anitha & 5 others including the complainant in this case jointly filed W.P. No.10305/2002 for issue of writ of Mandamus.   The Hon’ble High Court also in its order dated 8.11.2002 in COP No.37141/2002 directed the opposite party to accommodate the students in appropriate colleges and entitled to claim damages; this opposite party directed the students of opposite party-2 college and Fathima College of Pharmacy and allotted Pvt. Colleges in the state.    The complainant was given due allotment to join K.H. College of Pharmacy, Madurai in February 2007.  The complainant can claim compensation only from the 2^nd opposite party. The 1^st opposite party have no role in granting admission.   Considering the facts and circumstances of the case this forum is of the considered view that the 2^nd opposite party shall pay a compensation of  Rs.1,50,000/- for mental agony with cost of Rs.5000/- to the complainant and the point is answered accordingly.  No order as against the 1^st opposite party.  

In the result the complaint is allowed in part.   The 2^nd opposite party shall pay compensation of a sum of Rs.1,50,000/ (Rupees one lakh and fifty thousand only) for mental agony with cost of Rs.5000/- (Rupees five thousand only) to the complainant.    No order as against the 1^st opposite party.

The above  amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated  by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 8^th  day of February 2018. 

MEMBER –I                            MEMBER-II                              PRESIDENT.

COMPLAINANT SIDE DOCUMENTS:

Ex.A1- 31.8.2000  - Copy of Conduct Certificate.

Ex.A2- 4.9.2000    - Copy of intimation and selection letter for Chattanatha

                              Karayalar College, Tenkasi.

Ex.A3- 13.9.2000  - Copy of Fees receipt.

Ex.A4- 26.9.2000  - Copy of Reallotment of Chattanathan College

Ex.A5- 12.10.2000         - Copy of Fees details list.

Ex.A6- 23.10.2000         - Copy of Fees details list.

Ex.A7- Oct’2001    - Copy of Mark Statement.

Ex.A8- April’2003   - Copy of Mark Statement.

Ex.A9- April’2003   - Copy of Hall Ticket

Ex.A10- 26.6.2003         - Copy of intimation of Reallotmnet Pearl Peace Medical Mission

                               College to K.M.College of Pharmachy, Madurai.

 

Ex.A11- 14.7.2003         - Copy of Fees receipt.

 

Ex.A12- April 2004 - Copy of Mark statement.

 

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  

Ex.B1- 8.11.2002 - Copy of Judgment in W.P.No.37141,8231 etc.

 

MEMBER –I                            MEMBER-II                              PRESIDENT.