GURU JAMBHESHWAR UNIVERSITY OF SCIENCE & TECHNOLOGY Vs. KAMAL KUMAR GULERIA
LAWS(HPCDRC)-2009-10-2
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 27,2009

Guru Jambheshwar University Of Science And Technology Appellant
VERSUS
Kamal Kumar Guleria Respondents

JUDGEMENT

CHANDER SHEKHAR SHARMA - (1.) THIS appeal is directed against the order of District Forum, Shimla in Consumer Complaint No. 131/2003, dated 24.6.2008 whereby the complaint of the respondent No. l was partly allowed and appellant and proforma respondent were jointly and severally held liable to pay a sum of Rs. 1 lac as compensation to the respondent No. l for menial agony and harassment for spoiling three valuable years of respondent. This compensation was imposed upon the appellant keeping in view the welfare of the respondent No. 1 who was a student and to whom appellant assured to supply Degree of Master of Computer Science (MCS) even without seeking approval of the UGC. Appellant has been further directed to pay cost to the tune of Rs. 2,000 and interest @ 9% per annum on the awarded amount to the respondent with effect from the date of filing of the complainant till its realization.
(2.) FACTS of the case as they emerge from the record are, that the respondent No. 1 was enrolled in the Distance Education Course of appellant university (Guru Jambheshwar University) in the course of Master of Computer Science and it was pleaded by him, that without his consent the appellant converted the course of MCS into M.Sc. Computer Science. Further averments in the complaint were, that M.Sc. Computer Science is inferior course in comparison to Master of Computer Science. His further grievance was that respondent appeared in the 1st Semester Examination in the month of March 2001 and got re -appear in 3 papers and had sent bank draft No. 579842 issued by State Bank of Patiala, Kasumpti dated 4th October, 2001 for an amount of Rs. 250 for re -examination, but he did not receive his roll number till the date of his examination, as such he had appeared in the examination against the old roll number 5246 and he had received the roll number for the said examination, when it was over and in the result he was shown absent under roll number 405682.
(3.) IN this background complaint under Section 12 of the Consumer Protection Act, 1986 was filed for deficiency in service and unfair trade practice on the part of appellant, wherein the respondent had claimed an amount of Rs. 2 lacs as compensation and cost of Rs. 20,000, refund of the entire fee amounting to Rs. 20,000 paid by him for the said course. Appellant contested and resisted the complaint and submitted its version, wherein plea that District Forum below had no jurisdiction was raised, it was also pleaded that there was no deficiency in service/unfair trade practice on the part of appellant and it was also stated in the reply that MCS Degree was not recognized by the UGC, and it was thus under the compelling circumstances that the nomenclature was changed to M.Sc. Computer Science as per decision of the Council of the University vide Resolution No. 3, dated. 17.6.2009 and prayed for the dismissal of the complaint.;


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