Karnataka

Chitradurga

CC/76/2017

Sri Mohamed Usman Shabaz S/o Abdul Razakh - Complainant(s)

Versus

The Vice Chancellor,J.R.N Rajasthan Vidhyapeeth University - Opp.Party(s)

Sri.KhalidAhamed

11 Jun 2018

ORDER

COMPLAINT FILED ON:24/07/2017

DISPOSED      ON:11/06/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 76/2017

 

DATED:  11^th JUNE 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B., PGD.CLP  

 

……COMPLAINANT/S	Mohhamed Usman Shabaz, S/o Abdul Razakh, Age: 29 Years, R/o Khazi Mohalla, Chitradurga, Now residing at: A1-Yamana Campus, Riyadh, Soudi Arabia, represented by Special Power of Attorney Holder Sri Abdul Razakh, S/o Mohammed Mustfa, Door No.1072, Age: 66 Years, Retired Social Welfare Officer, Khazi Mohalla, Chitradurga.   (Rep by Sri. Khalid Ahmed, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Vice Chancellor, Rajasthan Vidhyapeeth University, Pratap Nagar, Udaipur-313001, Rajasthan.   2. The Chief Secretary, Higher Education Department, Government of Rajasthan, Jaipur-302005, Rajasthan.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C. P Act, 1986 for the relief to direct the OPs to issue authentic certificate in favour of the complainant or to pay    Rs.15,00,00/- towards deficiency of service, mental agony, costs and such other reliefs.

2.      The brief facts of the case of the above complainant are that, he joined OP NO.1 and studied Bachelor of Technology (Mechanical Engineering) in Distance Education Bureau, at Janardhan Rai Nagar, Rajasthan Vidyapeeth University, Udaipur in the year 2010 and completed B.Tech., in the year 2012-13.  The above said Institution had issued certificate on 30.01.2014 under Registration No.07644 with Centre Code No.DDE/RVU/SA/308.  Thereafter, the complainant joined the service as a Mechanical Engineer at A1-Yamama Campus, Riyadh Soudhi Arabia.  Now the employer is demanding the Authentication Certificate from the Education Institution with the approval of OP No.2.  Complainant made several efforts to secure the same from OP No.1 but, the OP No.1 failed to provide the same, which is a deficiency of service.  The complainant through his father had contacted many departments, Ministry, UGC Etc., but, he did not secure any reliefs from anybody.  The complainant has studied the B.Tech., from OP No.1 as a Distance Education Bureau from Chitradurga and it is within the jurisdiction of this Forum and hence, this Forum has got jurisdiction to adjudicate.  The above said authenticity of educational certificate is very necessity and essential for continuation of the employment at the said place.  The father of the complainant had made correspondence on many occasions with the UGC, New Delhi, Secretary, Ministry of Human Resources Development, New Delhi, but it went in vain.  If the authenticity certificate is not granted, the complainant will be put to great hardship, loss and inconvenience and hence, prayed for allow the complaint.   

3.      In spite of service of notice, the OPs did not appear before this Forum and hence, they placed ex-parte.    

 4.     Complainant himself examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-10 were got marked and closed his side.

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, this Forum has got jurisdiction to entertain this complaint and the OPs have committed deficiency of service and entitled for the reliefs as prayed for in the complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

                    Point No.1:- In Negative.

                   Point No.2:- As per final order.

 

REASONS

8.      Point No.1:- We have gone through the entire documents filed by the complainant they shows that, he has joined with OP No.1 and studied Bachelor of Technology (Mechanical Engineering) in Distance Education Bureau in the year 2010 and completed B.Tech., in the year 2012-13 and obtained certificate on 30.01.2014 under Registration No.07644 with Centre Code No.DDE/RVU/SA/308.  After obtaining the certificate, the complainant joined to the service as a Mechanical Engineer at A1-Yamama Campus, Riyadh Soudhi Arabia.  It is argued by the complainant that, now the employer is demanding to produce the Authentication Certificate from the Education Institution with the approval of OP No.2.  Complainant approached the OPs to secure the Authentication Certificate from OP No.1 but, the OP No.1 failed to provide the same.   The father of the complainant had contacted many Departments, Ministry, UGC Etc., but, he did not secure same.  The complainant has filed this complaint against the OPs for issue of authenticity certificate or compensation amount of Rs.15,00,00/-.  To prove the same, he never produced any documents to show that he has send the amount or fee to the OPs through Bank or by cash.  The parties made by the complainant in this case are situated at Udaipur, Rajasthan.  This Forum has no jurisdiction to decide this matter because any one of the OP is not residing within the jurisdiction of this Forum.  On this ground itself, the complaint filed by the complainant before this Forum is not maintainable on the jurisdictional point.  No doubt, the complainant is having a good case but, on the jurisdictional point this Forum has no right to dispose of this case.  Therefore, we come to the conclusion that, the complainant has failed to prove that, this Forum has got jurisdiction to entertain this complaint and the OPs have committed deficiency in service and hence, this Point No.1 is held as negative to the complainant.          

            9.     Point No.2:- As discussed on the above points and for the reasons stated therein we pass the following:-

ORDER

            The complaint filed by the complainant U/s 12 of C.P Act 1986 is hereby dismissed.  No order as to costs.

            (This order is made with the consent of Member after the correction of the draft on 11/06/2018 and it is pronounced in the open Court after our signatures)

           

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Special Power of Attorney
02	Ex-A-2:-	Letter dated 07.12.2015
03	Ex-A-3:-	Letter dated 16.12.2015
04	Ex-A-4:-	Letter dated 04.02.2016
05	Ex-A-5:-	Certificate of B.Tech dated 27.12.13 by OP 1
06	Ex-A-6:-	Letter from UGC dated 29.04.2016
07	Ex-A-7:-	Letter from UGC dated 27.04.2017
08	Ex-A-8:-	Letter from Government of Rajasthan dated 05.11.2015
09	Ex-A-9:-	Letter from UGC dated 11.05.2016
10	Ex-A-10:-	Marks Card issued by OP No.1

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

Rhr**