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1 sc/ cBl / 29 / RBT/ A/298 & 309/2018

Date of fiting: 26,02.2018, 2Z,OZ.hOuA

Date of Disposal: 18.06.2026

DATED: 18th DAY OF JUNE 2026

coRAM: H'N'BLE Mr. JUSTT.E T.G. sHTvAsHANKARE GowDA -

'RESTDENT

and

HON,BLE MTs. DIWASHREE }I . LADY MEMBER

tn Al298t2Ot8:

Vidyavathi

D/o Muktappa

W/o Kailas

Age 41 years

R/at Kumbarwada,

Bidar........... Appelant/s

(By Sri.S.B.Wadde, Advocate)

vs

The Principal

Pragati ANM Training Center,

Chidri Road,

Bidar. ........... Respondent/s

(By Smt.Reshma Thammaiah, Advocate)

CB1-KSCDRC (Katburgi)

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2 sc/ cBL I 29 / RBT /A/298 & 309/2018

In A/3O9/2O18:

Pragati ANM Training Center,

Chidri Road,

Bidar,

Rep. by the Principal

And now by its Administrator

Khan..

Sri.Mohd. Yonus Appellant/s

(By Smt.Reshma Thammaiah, Advocate)

vs

Vidyavathi

D/o Muktappa

Wo Kailas

Age 41 years

R/at Kumbarwada,

Bidar............. Respondent/s

(By Sri.S.B.Wadde, Advocate)

COMMON ORAL ORDER

(PER: HON'BLE Mr. IUSTICE T.G. SHMSHANKARE GOWDA, PRESIDENT)

These Appeals are filed U/s.15 of

Consumer

Protection Act, 1986 (in short Cp Act) by

Appellants

challenging the order dated:29.01.201g passed

in

CC/85/20L6 on the file of Bidar District

Consumer

Disputes Redressal Commission (in short the

District

Commission).

CB1-KSCDRc (Kalburgi)

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sc/ cB7 / ²⁹ / ^RBr /A/298 & ^3O9 I ^2Ot8

2.

A/29812078 is filed by the Complainant and

A/309/2018 is filed by the Opposite Party (in short Op).

Both appeals are taken together for common disposal.

3.

ln A/298/2018 Appellant was the Complainant

and Respondent was OP, in A/309/2OLB Appellant was

OP and Respondent was the Complainant before the

District Commission. The Rank of the parties shall be

referred to as per their status before the District

Commission.

4.

The Brief facts of the case are that; The OP is

Auxillery Nursing and Midwifery Training Center (in short

institution) situated at Chidri Road, Bidar represented by

its Principal. In the academic year 2010-11, Complainant

has ^joined Auxillery Nursing and Midwifery course (in

short ANM course) and passed out successfully in the

month of November 2011 securing 79.7o/o. She has paid

prescribed fees of Rs.1,10,000/- to the institution, but

the institution was not in the habit of issuing receipt or

acknowledgment. After ^passing the course, Complainant

has requested to issue marks cards, but OP persistently

CB1-KSCDRC (Kalburgi)

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4 sc/ cBU 29 / RBT /A/298 & 309/20 18

insisted to pay the fee. In the year 2011, there was a job

opportunities. Since, Op has not issued the marks cards,

she could not apply for the job. Had she apptied, she

would have get the job in hospitals and get monthly

salary of Rs.15,000/- to Rs.20,000/_. She has suffered

loss of income on account of withholding of her

marks

cards, thereby she is entitle to claim compensation from

oP.

5. Before the District Commission, Op

has

opposed the complaint by filing version contending that,

Complainant is not a consumer as defined U/s.2(1)(d) of

CPA, 1986. She has abused the process of law by filing

complaint. She has no locus standi to file

complaint.

Complainant was allowed to stay in the

Op,s hostel

during her course. When she was asked to pay the fees,

to avoid the same she has filed the complaint. There is

no deficiency in service and sought for dismissal of the

complaint.

6. Before the District Commission, Complainant

has examined herself as pW-1 and one witness

has

CB1-KSCDRC (Katburgi)

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5 sc/ cBt/ 29 / RBr lAl298 & 309/2018

examined as PW-2 and marked 9 documents as Ex-p1 to

P9. On behalf of OP, one witness has examined as RW-1

and no documents were produced.

7.

The District Commission after hearing both

paties allowed the complaint in part and directed Op to

reimburse a sum of Rs.12,42,000/- towards loss of

wages and Rs.2 lakhs as compensation;

directed

Complainant to pay balance of the ClF to be catculated

by Office; directed District Commission to give SSLC and

ANM certificates to the Complainant deposited by

Op

under due acknowledgement; OP was directed to comply

this order within four weeks, failing which, to pay

interest at l2o/o p.a. on the award amount f

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