REGISTRAR OF MANIPAL Vs. SUSHITH

JUDGEMENT

(1.) Aggrieved by order dated 20.7.2010, passed by Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short, 'State Commission") petitioners/o.ps no.1 and 2 have filed present petition .

(2.) Brief facts are that respondent/complainant got admission to Post Graduate Degree Course in MD in Biochemistry in petitioners' institution for Academic year 2005-06. Respondent completed and passed the said course in the year 2008. Petitioners are required to issue him a degree certificate confirmed by Manipal Academy of Higher Education. In spite of repeated requests and demand made by respondent to petitioners, it refused to issue the said certificate and withheld the same without any substantial reason or cause. Respondent issued the legal notice but there was no proper response. Hence, respondent felt deficiency in service on the part of the petitioners.

(3.) On appearance petitioners in their written statement denied all the allegations made by the respondent in toto. According to the petitioners, respondent was selected for the said MD Course for the year 2005. As he had no fund to pay the tuition fee, petitioners gave concession by waiving the payment of the fee. In addition, petitioners paid stipend to him during the course of his studies. There was an understanding between the respondent and petitioners that, respondent should undertake to serve the petitioners for a period of 5 years after completion of the course, failing which he should repay the entire tuition fee. Respondent agreed for the same and executed an agreement on 23.05.2005 alongwith two sureties. Thereafter, respondent failed to abide the said conditions incorporated in the agreement and absented from the duty. Repeated demand made by the petitioners to report to the duty by respondent, went in vain. Petitioners did address a letter to the respondent for compliance but there was no proper response. There is no deficiency in service on the part of the petitioners and they have no objection to hand over the original certificate provided respondent pays Rs.9,30,000/- or furnish a bank guarantee or any other surety for the satisfaction of the Court concerned. Further, it is stated that petitioners have retained the original degree certificate as a lien till the respondent performs the terms of the aforesaid agreement.