Date of filing : 14.5.2014 STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI BEFORE Hon’ble THIRU. JUSTICE R. SUBBIAH :: PRESIDENT Thiru.R.VENKATESA PERUMAL :: MEMBER CC. No. 79/2014 DATED THIS THE 12TH DAY OF AUGUST 2022 B.Jagankumar, No.10/1, 10^th street, Jai Nagar, Arumbakkam, Chennai 600 106 ..Complainant Vs The Principal, Gopal Ramalingam Memorial Engineering College, Panapakkam, Chennai 601 301 ..opposite party Counsel for the complainant : M/s M.A.RUA Counsel for the opposite party : M/s N.P.Prashanna This complaint coming before us for hearing finally on 15.7.2022 and on hearing the arguments of counsel appearing for complainant and opposite party and upon perusing the material records this Commission made the following order :

ORDER

THIRU.R VENKATESA PERUMAL, MEMBER

1. This complaint has been filed under Sec.17 of Consumer Protection Act 1986, against the opposite party claiming a sum of Rs.15,00,000/- towards refund of fee collected and compensation of Rs.60,00,000/- and cost, of the complaint.

2. The case of the complainant in brief is as follows:

The case of the complainant is that the complainant was doing B.E. (A.E Aeronautical Engineering ) in the opposite party’s college, he was being allotted seat in the opposite party’s college under Self Financing Category, though he belongs to Backward Class. He joined the course in the Academic year 2008-2009. During II year 2009-2010 as he was bed ridden due to an accident, there was attendance of only 65% and hence he was de-barred from attending examinations. However he had cleared arrears of the II Year course, during the III year course 2010-2011.

3. The complainant further stated that he suffered from severe fever from 12.12.2011 to 18.12.2011 taking treatment at Surya Hospital. After treatment, while joining classes he submitted Medical certificate. But his attendance was 72.73%. As per Attendance Rules attendance should be 75%. But if Medical certificate for Medical leave is given, attendance can be 65% and upto 10% can be added for leave on Medical Certificate. In case of the complainant, he gave Medical Certificate for 7 days and by adding it, his attendance reached more than 75%. Thus as per Attendance Rules, he became eligible to write all the examinations for the III year course.

4. The complainant stated that on 14.5.2012, he received the Hall ticket and found that he was de-barred from writing Examination for 9 subjects. Then the complainant approached the Hon’ble High Court to permit him to write the examinations vide W.P.No. 13678 of 2012. On the hearing the above petition, the Hon’ble court was pleased to permit him to write the examinations. Due to that to take revenge against the complainant, the opposite party deliberately failed in his practical examination and delayed to declare the results of the practical examinations. In the meantime, the opposite party stated that the complainant due to his personal inconvenience and various reasons decided to get transfer from the opposite party institution to PMR Engineering College. Therefore the complainant sought for refund of fees, the opposite party refused to refund the fees. The complainant brought the consent from the PMR college and submitted to the opposite party. The opposite party refused to sign the transfer form and delayed to sign the transfer forms. Subsequently the complainant filed WP.No. 18987 of 2012 to direct the opposite party to transfer the complainant to PMR college. In the meanwhile, the complainant was transferred to PMR college. Due to non-co-operation of the opposite party, the complainant is unable to complete his course. Hence the opposite party is liable to pay compensation and return the fee collected by the opposite party from the complainant for his studies and other expenses spent by him for his studies which totally comes around to Rs.15,00,000/- and pay him Rs.60,00,000/- as compensation.

Defence of the opposite party :-

The opposite party deny all the allegations and averments