DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

                                                                                         C.C.NO. 68 OF 2022

                                                                                              Date of Filing  : 16.11.2022

                                  Date of Order :  31.01.2023

Sri Sudhindra Kumar Sahu,

S/o Laxmi Nrushindra Sahu,

At - Forest Colony,

PO-Phulbani

District- Kandhamal.                               …………………….. Complainant.

Versus.

The Vice Chancellor,

Shobhit University, School of Distance Education,

Shobhit Institute of Engineering & Technology,

Meerut, Uttar Pradesh, India                   …………………….. Opp. Parties.

Present: Sri Purna Chandra Mishra    - President.

                             Sri Sudhakar Senapothi          - Member.

For the Complainant: Self

For the O.P.              : Self

JUDGEMENT

Mr. Purna Chandra Mishra, President

            Complainant Shudhindra Kumar Sahu has filed this case u/s 35 of the CP Act 2019 alleging deficiency of service on the part of the opposite party for not providing him with the university certificate in spite of repeated approaches and praying therein for a direction to the opposite party to provide him with the Provisional and Original Certificate of MCA in original.

1. Brief Fact leading to the case is that the complainant had admitted himself in MCA Course under Distant Learning System of Shobhit University. He completed the three years course in due time after payment of all dues and the Opposite Party provided him with the Mark Sheet of the examination. Even though the Mark Sheet is provided to him, his Provisional and Original Certificate were not provided to him for which he has filed this case before this Commission for the reliefs as discussed above.
2. Notice was issued to the Opposite Party by Registered Post with AD in the correct address with postage pre-paid of the Opposite Party. It is revealed from the track consignment that the notice has been delivered to the Opposite Party on 29.11.2022. But in spite of the notice served on Opposite Party, he neither appeared before the Commission nor raised any objection to the allegations raised against him. So, he was set expartee on the date of hearing and this Commission proceeded to dispose of the case on expartee basis.
3. It is seen from the document on record that the enrollment number of the complainant is PCA1353BC120001 and the Roll Number is 1431422234 of 3-years MCA course in the school of Distant Education of Shobhit University. It is also seen from the Mark Sheet issued to the complainant that he has successfully completed the 3-years course by securing 915 Marks out of the total marks of 1500 and the date of publication of result is 30 May 2014. The Roll Number of the complainant matches with the Roll Number in the Admit Card of the candidate. So, it is crystal clear from the documents on record that the complainant was a student in the School of Distant Education for MCA course and he has successfully completed the course by securing 915 Marks out of 1500 and in the Remark Column, it has been mentioned ‘PASS’. It is the duty of the Opposite Party to provide the Provisional Certificate and the Final Certificate to the candidate after completion of the course. But, the Opposite Party by not providing certificate to the complainant has devoid him from availing him job opportunity which amounts to deficiency in service and harassment usually. As a case of deficiency in service coupled with harassment is well made out against the Opposite Party is liable to compensate the petitioner for the loss and harassment sustained by him and hence the order.

O R D E R

            The complaint petition is allowed expartee against the Opposite Party. The Opposite Party is made liable for causing deficiency in service and harassment to the petitioner. The Opposite Party is directed to provide the Provisional as well as Original Pass Certificate to the complainant within 15 days from the date of receipt of the order failing which the OP shall go on paying compensation of Rs. 2000/- daily to the complainant from the date of order till the Certificates are delivered to the complainant. In the peculiar facts and circumstances of the case. Parties to bear their own cost. 

                                                    Computerized & corrected by me.

         I Agree

     MEMBER                                                             PRESIDENT

Pronounced in the open Commissioner today on this 31st day of January 2023 in the presence of the parties.      

     MEMBER                                                             PRESIDENT