IMPORTANT POINT
Education institution can not withhold result of any bonafide student.

ORDER

C. Viswanath, Presiding Member—Revision Petition has been filed by the Petitioner under Section 21 (b) of the Consumer Protection Act, 1986 against the order passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as “the State Commission”) in First Appeal No.637/2014 dated 29.09.2015.

2. Alongwith the Revision Petition, IA/9611/2018, an application for condonation of delay of 37 days has also been filed by the Petitioner. The Registry of this Commission has calculated the delay as 29 days. For the reasons stated in the application, delay is condoned.

3. Respondent No.1/Complainant took admission in Petitioner institute in BBA course on 16.06.2009 by paying registration charge of Rs.5,000/- and later paid a total sum of Rs.1,27,329/-. He lost one year to begin with, as initially he was asked to do the course from Bharthiar University and later under Periyar University. He attended the 1st & 2nd year course and appeared for the examination in 2011, though neither the university registration certificate nor the university admit card/hall ticket were issued. The Complainant states that the result of the Complainant was found to be incomplete on the website of the university. Only first year mark-sheet showing result of one subject was issued, whereas the second year result was not available. On the advice of the Petitioner he filled up the university form for the third year also in April, 2012. He received communication for payment of fees, legal action would be initiated against him, though he stopped attending the institute after the third year examination. He lodged a complaint case with the District Forum with following prayer: -

“It is therefore most respectfully prayed that this petition may kindly be allowed an amount of Rs.1,87,507.18 (with interest and other incidental costs) alongwith compensation of Rs.8 lakhs for harassment, mental agony & for spoiled career of the meritorious student. Breakup of the aforesaid accosts is as follows:

(Rupees nine lakh eighty seven thousand five hundred seven and 18 paisa)”

4. The Complaint was contested by the Petitioner/Opposite Party No.1 submitting that it was merely a study centre of the Periyar University and they offered distant education facility for students seeking to pursue various courses. The Opposite Party blamed the Complainant for not submitting proper documents and being a habitual absentee. It also shifted the responsibility on the university for issue of admit card/hall ticket and thereby absolved itself of all responsibility for the hardship caused to the Complainant.

5. The District Forum allowed the Complaint on contest. The District Forum ordered as follows: -

“That the case be and same is allowed on contest against the O.P. no.1 with costs of Rs.5,000/- only and also allowed ex-parte against the O.P. No.2 with the cost of Rs.2,000/- only, payable to the Complainant within one month from the date of this order.

That the O.P. No.1 is directed to deliver the certificate/result of the said BBA course to the complainant within one month from the date of this order i.e. within 30th April, 2014, in default, the O.P. No.1 and 2 are jointly and severally liable to p ay a sum of Rs.1,00,000/- only to the complainant within further 15 days from the completion of such specified date i.e.15th day of May, 2014.

That the O.P. No.1 is further directed to pay a sum of Rs.12,000/- only to the complainant, as co