Raja Palayam Rajus College vs S Srinivasagan

THE 2nd opposite party in C.O.P. No. 44/2000 on the file of the District Consumer Disputes Redressal Forum, Srivilliputhur is the appellant herein.

THE 1st respondent/complainant came forward with the following case: He studied in the 2nd opposite party College from 1993 to 1996. He had not completed two subjects at that time he left the college in 1996. He completed those subjects in the examination held in April 1997. Though he had immediately applied for issuance of provisional certificate, till the filing of the complaint, the opposite parties had not furnished the same. In such circumstances, the complaint came to be filed claiming compensation in a sum of Rs. 3,00,000, Rs. 50,000 towards mental agony and Rs. 500 as cost. The 1st opposite party filed a version contending among other things that the complainant was not a consumer, that only if he had applied for provision certificate with the necessary fees he would be entitled to such a certificate, that it was up to him to establish that he had made an application with the necessary fees, that the 1st opposite party had not received any such application either from the complainant or from the 2nd opposite party college. The 1st opposite party further stated that immediately on receipt of the notice in the complaint the provisional certificate as also the degree certificate were sent to the complainant and the copies of the said covering letter had also been sent both the District Forum and the 2nd opposite party / appellant herein and that in such circumstances, the complainant should have withdrawn the complaint.

THE 2nd opposite party resisted the complaint contending inter alia that the complainant had applied for provisional certificate along with the necessary fees, that the 2nd opposite party had forwarded the same to the 1st opposite party, that only if the complainant had passed in all the subjects he would have been issued the mark sheet, that in any event only the 1st opposite party would be liable to answer the complaint.

THE District Forum held that the complaint was maintainable, that there was deficiency in service on the part of both the opposite parties inasmuch as they took their own time to furnish the provisional certificate and the degree certificate. So holding, by order dated 5.9.2001, the District Forum directed the opposite parties to pay each a sum of Rs. 5,000 to the complainant as and by way of compensation. It is against that the present appeal has been filed by the 2nd opposite party college. It is seen from the record that the 2nd opposite party had indeed forwarded the application for issuance of provisional certificate as far back as 28.2.1996 (Ex. B2) the list along with the provisional certificate fee to the 1st opposite party and a reminder was also in the form of a certificate was issued on 22.9.1998 under Ex. A3. The District Forum was in error in faulting the appellant/2nd opposite party the college. In our view, the entire deficiency was on the part of the 1st opposite party/university and only the university should have been mulcted with the liability in respect of the present complaint.

COSEQUENTLY , the appeal is allowed; the order of the District Forum so far as the 2nd opposite party is concerned is set aside and the complaint as against the 2nd opposite party is dismissed. There will however be no order as to cost. Appeal allowed.