K VELMURUGAN Vs. REGISTRAR PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) the complainant is the appellant. The case of the complainant is as follows: the complainant had joined the P. G. Diploma course in Science and Technology Communication conducted by the Pondicherry University during 1997-1998. He had to complete minimum 30 hard core subjects and six soft core subjects, totally 36 in all. As per the rules of Pondicherry University, he has to get certificate for all course except foundation course in Science and Technology. For this the complainant has registered in the Indira Gandhi National Open University. But he has not received the mark list. Only after getting the mark list from the Indira Gandhi National Open University, he can apply for provisional certificate. When he enquired in the local centre of IGNOU, he was told that the mark list would be sent to his house. Subsequently, he contacted Madras and Delhi Centres and he was not able to get any proper reply from them. The English Department in Pondicherry University was contacted and he was told that it is too late and nothing could be done. The co-student who studied with him in the Diploma told that he got the course certificate and the complainant alone was not given certificate from IGNOU. Had he been given the certificate, he would have applied for the vacancy called for by the Government of Pondicherry and would have definitely secured a job. Because of the non-availability of the certificate, he was not able to get employment. Therefore, the opposite party may be directed to pay Rs.1,57,000/- towards mental agony and Rs.16,200/- towards compensation with cost.

(2.) The case of the opposite party is as follows: the case as projected in the complaint does not come within the ambit and scope of Consumer Protection Act. The duration of the course is one year. The candidate has to pass in the course within a maximum period of two years. In other words, the course period of extra one year apart from Diploma course period of one year is granted. The complainant has 31 credits as per the course. He has admittedly to get five more credit for completion of the course. The complainant has undergone one year course and he got only 31 credits. The complainant has not obtained 5 credits from the Indira Gandhi National Open University as claimed by him. He has not been admitted for the 5 credits for which the complainant wants relief. The complainant is not qualified to obtain diploma in the course for which he was admitted. The complainant in order to get a diploma, has to obtain 5 more credits to make up 36 credits in all. Therefore, the complainant has to blame himself as he has not secured 5 credits. The co-student viz. , Muthu Andavan has successfully completed the required 36 credits from the University itself and provisional certificate was issued to him only after earning 36 credits.

(3.) No oral evidence was let in by the parties. On consideration of the materials on record, the District Forum has held that there is no deficiency in service on the part of the opposite party and consequently the complaint was dismissed without cost. Aggrieved by the said order, the complainant has come forward with this appeal. Heard the petitioner in person. The arguments of the learned Counsel for the respondent are also heard. In the appeal, the appellant has filed additional documents and the above documents were marked Exs. C9 to C13.