BEFORE THE HONOURABLE PRESIDENT STATE CONSUMER REDRESSAL
COMMISSION AT CUTTAK
O P NO. /2011.
Between :
Vijayakumar Rai,S/o Suresh Rai
Aged about 19 years, Hindu-Student,
R/o: J-157,Jindal Nagara, Kothavalasa-535183
Vizianagaram District, Andhra Pradesh. COMPLAINANT.
And:
01. Shankar Kiran Mishra,[91+9777140932]
Managing Director-cum- Cooridinator,
Subham Institute of Technology
[A joint Venture of Ganapati Maritime Academy and Subham Institute of Technology.]
Office:298,Baramnunda,Web Site:ganapatimaritime.org
Campus:74&75 NH -5 Patrapada,infront of State Bank of India .
Bhubaneswar.
02.Amit [91-9658180809]
Chairman and Managing Director,
Ganapati Maritime Academy and Subham Institute of Technology.]
Bhubaneswar.
03. Deepak Kumar,
S/o Ashok Kumar,
R/o:J-169,Jindal Nagar, Kothavalasa-535183,vicinity of the complainant.
Vizianagaram District, Andhra Pradesh.
04. The Honourable Chairman,
University Grants Commission[UGC]
NEW DELHI. OPPOSITE PARTIES/RESPONDENTS.
COMPLAINT SUBMITTED ON BEHALF OF THE COMPLAINANT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986.
THE COMPLAINANT IS :
Vijayakumar Rai,S/o Suresh RaiAged about 19 years, Hindu-Student,R/o: J-157,Jindal Nagara, Kothavalasa-535183Vizianagaram District, Andhra Pradesh.
The address of the complainant is same as above for the purposes of service of summons and notices and in the care of his Counel Sh. V.S.Sharma, 11-85, Shastry bhavan, Kothavalasa-535183, Vizianagaram District, Andhra Pradesh, Phone: 08966-273293, 91+9441954796/8125416729.E.Mail: sharmas_velamuri@yahoo.co.in
THE RESPONENTS ARE:
01. Shankar Kiran Mishra,Managing Director-cum- Cooridinator,Subham Institute of Technology[A joint Venture of Ganapati Maritime Academy and Subham Institute of Technology.] Office:298,Baramnunda,Web Site:ganapatimaritime.org
Campus:74&75 NH -5 Patrapada,infront of State Bank of India .
Bhubaneswar.
02.Amit,Chairman and Managing Director,Ganapati Maritime Academy and Subham Institute of Technology.] Bhubaneswar .
03. Deepak Kumar,S/o Ashok Kumar,R/o:J-169,Jindal Nagar, Kothavalasa-535183,
Vizianagaram District, Andhra Pradesh.
04. The Honourable Chairman,University Grants Commission[UGC], NEW DELHI .
The addresses of the Respondents are same as above for the purpope of service of summons and notices.
The Contents of the Complaint:
Vigilantibus non dormientibus jura subveniunt.
1. That the complainant Mr.Vijaykumar Rai was admitted into Marine Engineering Course for academic year 2010-2011 with the Ist Respondents college of Engineering with the name and style of Subham Institute of Technology [A joint Venture of Ganapati Maritime Academy and Subham Institute of Technology.] Bhubaneswar . While joining into the supra college ,the IIIrd respondent , Mr. Deepak Kumar insisted the complainant disclosing the highness and greatness of college and taken this complainant to Bhubaneswar from Kothavalasa and admitted therein by paying fees for a tune of Rs. 75,000=00[Rupees seventy five thousand] on 3rd August, 2010 in favour of the Managing Partner of Subham Institute of Technology which is on the name of Shankar Kiran Mishra who was the Ist respondent and in the account number of 9100200015241694,Axis Bank Limited, CRPF Square, Bubaneswar-751012. while filling the application form for joining, this complainant got suspecsion and asked the Ist respondent that now I am joining into Subham Institute of Technology[A joint Venture of Ganapati Maritime Academy and Subham Institute of Technology.]Bhubaneswar., why you are given the Ganapati Maritime Academy’s application, then the Ist respondent along with the IIIrd respondent, jointly convinced him , don’t worry, both are same. Then this complainant understood that Subham Institute of Technology[A joint Venture of Ganapati Maritime Academy and Subham Institute of Technology.] Bhubaneswar has no recognition. University Grants Commission.
2. It is respectfully submits that the Subham Institute of Technology[A joint Venture of Ganapati Maritime Academy and Subham Institute of Technology.]Bhubaneswar has not having the UGC recognition,inadequate infrastructure such as proper class rooms, labs and project amenities and maintained without name board, proper faculty and class rooms. They simply showed a godown and maintaining the Engineering college . There is no adequate hostel facility besides they collected the boarding charges.
3. That the Complainant think that a newly established college having time to facilitate the amenities to students regarding the faculty, hostel, class rooms , labs and project sheds. But days are going , ten days and twenty days elapsed, but the management has not taken adequate measures to starts class rooms to admitted students. Then this complainant asked the IIIrd respondent Mr. Deepak Kumar when class rooms and project works will be commenced into proper manner for the Academic year of 2010-2011. But the Ist and IIIrd respondents are made deaf ear. Then they simply replied that don’t worry about the classes, you can enjoy the time, only at the time of examinations only you should have to attend and wrte the examinations, till then you can spend all your time as you will and pleasure. They will manage all the things.
These are the main aims and views of the Orissa state higher education policy:
Higher Education Department plays a very significant role for human resource Development of the State. The Department looks after education at Higher Secondary (+2), Degree (+3) and P.G. levels of education. It also provides Vocational Education to prepare students for self-employment. It promotes professional education which includes Legal Studies, Computer Application, Business Management and several other Professional courses in Government as well as private institutions. Globalization, rapid industrialization and fast changing Socio-economic need have generated unprecedented demand for highly skilled and professional manpower. In the fitness of things emphasis has been laid on quality in education and primary is given to the professional education. Production of quality textbooks and reference books for Different client groups of Higher Education is also one of the functions of this Department. This also deals with a number of research and specialized institutions Like Nabakrushna Choudhury Centre for Development Studies, Institute of Life Sciences etc. for furthering the cause of higher studies and research in the State.
4. Subsequently this complainant disclosed all the college environment and situation to his parents, then his father Mr. Suresh Rai approached the Ist respondent and my son has to change the college, you should have to repay the fees what we paid to you, then Ist respondent simply answered that once you pay faculty fee, that will not be repayable. Your son have to study here or go any where, fees are not refundable. Then he met with the IIIrd respondent who insisted his son to join there, he replied that I will ask the Mr. SK Mishra[Ist respondent] and arrange you fees repayable. That the IIIrd respondent interacted with the Ist respondent and agreed repay the amount paid by the complainant with in a short time. As such Ist respondent gave a word to the complainant and his father.
5. It is hightime to submit that this particular college is not been recognized by the University Grants Commission and only Ganapati Maritime Academy was recognized by the UGC and this particular Engg college application is being filled by candidates admitted into the Ist respondent’s Engineerring College that is in the name and style of Subham Institute of Technology. It is crystal clear that there is no separate application and prospectus to Subham Institute of Technology. As such the Ist respondent and along with the conspiracy of the IInd , IIIrd and IV respondents cheating the engineering desired students and spoil the lives of the future generation of this Holy soil.
6 That due to lack of proper faculty, accommodation, hostel amenities, I couldnot continue there for more time. Besides my health condition was also detiriating day to day, I proposed to come to my home town, Kothavalasa.
7 It is respectfully submits that students are cheating by such institutes without having proper recognition to Engineering colleges. This should have to monitor under the UGC Vigilantibus non dormientibus jura subveniunt as such 4th respondent is also liable for the malafide action of the Engineering Colleges. That the IInd respondent’s institute application is being used at the Ist respondent’s college. They are all come under the vicarious liability to cheat the students and their parents.
8. These are all service negligency of the state and specified authorities, who should have to monitor all these faked and untrustable institutes where the students and their parents are paying lacs of rupees to fabricate and shape their children as good Engineers, but this type of malafide actions of unrecognized engineering colleges, harassment , humiliation of the management they will not became a good engineering, they will became as anti national movement leaders.
9. It is respectfully submits that in this context all the four respondents and opposite parties have not acted properly manner, due to their selfishness and negligence towards the future engineering desired students, their academic year of 2010-2011 wasted deraileld from the educational line, their mind is put in concentration of recover the fees from the recognized colleges not on study line. This is not a loss of one year of 2010-2011 , it is loss of entire life of future engineering student. This type of malafide institutes should be closed and they will get proper punishment as none cannot be play games with the students younger generation of the country.
10. It is hightime to disclose the definition of ‘TEENAGE’ that is sixteen to nineteen, this period is the foundation to a student. Whether the teenage is disturbed entire life will be disturbed. Now this complainant’s age is teenage, his hopes and desires as shaping as engineer has been disturbed by this type of unrecognized colleges. His transfer certificate has not been given, amount of fees are not givn since six months. Therefore entire academic year that is 8670 academic hours has been disturbed, why because no college will not admit any student in the middle of academic year.
11.Therefore, I humbly prays this Honourable President and Members of the District Consumber forum to direct the Ist respondent to pay Rs. 75,000=00 with interest and award the Rs. 3,00.000=00[Rupees three lacs] for the loss of educational year of 2010-2011 and loss of 8670 study hours[educational hours], towards menteal agony including the costs of the complaint and the Honourable Forum may direct the 4th respondent to take adequate arrangements of cancellation of unrecognized colleges.
12. It is to submit that it seems and presumed that this Marine Engineering College is bogus institute, as web site is on the name of ganapatimaritime.org and postal addresses are temporirly established. When my counsel sent email notice to Ist respondent , address given by the Ist respondent is not correct, and postal address is also not correct. Already email notice is being transmitted to the Ist respondent thorugh my counsel’s email address that is : sharmas_velamuri@yahoo.co.in on 20-12-2010 and speed post notice is being served to Ist respondent vide EN 564043775IN dated 22-12-2010, that was returned unserved to the sender to recover the paid amount to Ist respondent’s college.
13. It is respectfully submits that email notice is sent to the Ist respondent address on 20-12-2010, it was crystal clear that he[Ist respondent] viewed the mail notice and responded properly while on tele conservation with my counsel Sh. VS Sharma from his Cell phone: 91+9441954796 on 22-12-2010. In his teleconservation, he [Ist respondent specifically hinted that I will repay the amount to your client just in the last week of the January, 2011 as all the students were went to pongal vacations and they will returned by before or after Republic day. so Ist respondent orally promised to me to repay the amount of fee that Rs. 75,000=00 in the last week of Jan,2011. that time and period was also elapsed and made deaf ear, he will not lift the phone, whether lifting saying pretext or other to pay. That the Ist respondent proposed to amortisate the payment of fee in another way.
14. It is respectfully submits that Ist respondent Mr. SK Mishra is the Coordinator and Managing Director of Shubham Institute of Technology, he is cheating the marine Engineering going students with the conspiracy of the IInd , IIIrd and IV respondents. As such all the four respondents/opposite parties are punishable under the vicarious liability . whether the Honourable Court could not be punished these culprits, co-joinders of crime, the younger generation and youth , teenagers of this country will be in the foot steps of the anti-national movement and go into the clutches of extremists and ultras.
15. Therefore, this complainant respectfully prays this Honoruable court may be passed interim orders to cancel the unrecgonzied engineering colleges, inadequate infrastructure such as class rooms, labs, project rooms and proper faculty as the monitoring agency is in deep sleep and it is primary responsible of the UGC as well as both state and central government to put an eye on such type of unrecognized colleges not to cheat students without the classrooms and project works they will fabricate the better India. Whether they became as engineers and come out from the colleges of supra, their constructions will also in such manner. Due to their neglegency and selfishness how many lives will go by improper constructions and root cause of loss of National Economy.
16. That the complainant is permanently residing Q.No. J-157, Jindal Nagar,
Kothavalsa and temporarily resided in the hostel room provided by the Ist opposite party at Bhubaneswar, as such the complainant is the resident under the jurisdiction of Bhubaneswar District consumer Redressal Forum and Ist and IInd respondents are residing at Bhubaneswar, IIIrd respondent is insisting person residing in Q. No. J-169, Jindal Nagar,vicinity of the complainant, Kothavalsa and the IV the respondent is National Monitoring Head that is UGC chairman, residing at New Delhi Office, it is the time of making hay when the sun shines as such all four respondents are vicariously responsible for the loss of 8670 academic hours of the complainant that will not be reback or recover from any of the four respondents. Pain and mental agony suffered during the paying the private interests paying by the father of the complainant..
Therefore this complainant praying the Honourable Court to may be directed the Ist respondent to pay Rs.75,000=00 along with interest and passed an award against all the four respondents jointly and severly to pay Rs.10,00,0000 [Rupees ten lacs] to this complaint towards pain, suffering,. Mental agony, and towards loss of 8670 study hours of this complainant in the interest of the Justice.
Station: Vizianagaram.
Date: 11-05-2011.
Signature or thumb impression of the complainant.
Signature of the president/secretary of the consumer forum.
LIST OF DOCUMENTS SUBM ITTED ON BEHALF OF THE COMPLAINANT.
S.No. Despriction of Decument. Date, Remarks.
1.Retuned cover from Ist respondent 27-12-2010. Original EMS Cover
2. DD towards court fee Original DD
Station:Vizianagaram.
Date: 11-05-2011. Advocate for the complainant.
BEFORE THE HONOURABLE PRESIDENT STATE CONSUMER REDRESSAL
COMMISSION AT CUTTACK
O P NO. /2011.
Between :
Vijayakumar Rai,S/o Suresh Rai
Aged about 19 years, Hindu-Student,
R/o: J-157,Jindal Nagara, Kothavalasa-535183
Vizianagaram District, Andhra Pradesh. COMPLAINANT.
And:
01. Shankar Kiran Mishra,[91+9777140932]
Managing Director-cum- Cooridinator,
Subham Institute of Technology
[A joint Venture of Ganapati Maritime Academy and Subham Institute of Technology.]
Office:298,Baramnunda,Web Site:ganapatimaritime.org
Campus:74&75 NH -5 Patrapada,infront of State Bank of India .
Bhubaneswar.
02.Amit [91-9658180809]
Chairman and Managing Director,
Ganapati Maritime Academy and Subham Institute of Technology.]
Bhubaneswar.
03. Deepak Kumar,
S/o Ashok Kumar,
R/o:J-169,Jindal Nagar, Kothavalasa-535183,
Vizianagaram District, Andhra Pradesh.
04. The Honourable Chairman,
University Grants Commission[UGC]
NEW DELHI. OPPOSITE PARTIES/RESPONDENTS.
AFFIDAVIT SUBMITTED ON BEHALF OF THE COMPLAINANAT UNDER ORDER 19 RULE 1 OF CIVIL PROCEEDURE CODE.
I, Vijayakumar Rai,S/o Suresh Rai,Aged about 19 years, Hindu-Student,R/o: J-157,Jindal Nagara, Kothavalasa-535183,Vizianagaram District, Andhra Pradesh do hereby solemnly affirmed on oath and state as follows:
1.That I am the complainant herein and I am fully acquinted with the facts of the case.
2.That I had paid an amount of Rs.75,000=00[Rupees seventy five thousand only] towards admission into the Ist year Marine Engineering Course for the academic year 2010-2011 on 3rd August, 2010 in favour of the Managing Partner of Subham Institute of Technology
[A joint Venture of Ganapati Maritime Academy and Subham Institute of Technology.,Office:298,Baramnunda,Web Site: ganapatimaritime.orgCampus:74&75 NH -5 Patrapada,infront of State Bank of India.Bhubaneswar.which is on the name of Shankar Kiran Mishra who was the Ist respondent and in the account number of 9100200015241694,Axis Bank Limited, CRPF Square, Bubaneswar-751012.
3. It is hightime to submit that this particular college is not been recognized by the University Grants Commission and only Ganapati Maritime Academy was recognized by the UGC and , this particular Engg college application is being filled by candidates admitted into the Ist respondent’s Engineerring College that is in the name and style of Subham Institute of Technology. It is crystal clear that there is no separate application and prospectus to Subham Institute of Technology. As such the Ist respondent and along with the conspiracy of the IInd , IIIrd and IV respondents cheating the engineering students and spoil the lives of the future generation of this Holy soil.
4. That due to lack of proper faculty, accommodation, hostel amenities, I couldnot continue there fore more time. Besides my health condition was also detiriating day to day, I proposed to come to my home town, Kothavalasa.
5. That this Affidavit is being sworned before the attesting officer and submitting to this Honourable Court to service of notices to Ist and IInd respondents may be allowed in person to my counsel Sh. VS Sharma as the Web address given by the Ist respondent is not correct, and postal address is also not correct. Already email notice is being transmitted to the Ist respondent thorugh my counsel’s email address that is : sharmas_velamuri@yahoo.co.in on 20-12-2010 and speed post notice is being served to Ist respondent vide EN 564043775IN dated 22-12-2010, that was returned unserved to the sender .
6. It is respectfully submits that email notice is sent to the Ist respondent address on 20-12-2010, it was crystal clear that he[Ist respondent] viewed the mail notice and responded properly while on tele conservation with my counsel Sh. VS Sharma from his Cell phone: 91+9441954796 on 22-12-2010.
In his teleconservation, he [Ist respondent specifically hinted that I will repay the amount to your client just in the last week of the January, 2011 as all the students were went to pongal vacations and they will returned by before or after Republic day. so Ist respondent orally promised to my client to repay the amount of fee that Rs. 75,000=00 in the last week of Jan,2011. that time and period was also elapsed and he will not lift the phone, whether lifting saying pretext or other to pay.
7. It is respectfully submits that Ist respondent Mr. SK Mishra is the Coordinator and Managing Director of Shubham Institute of Technology, he is cheating the marine Engineering going students with the conspiracy of the IInd , IIIrd and IV respondents.
Vigilantibus non dormientibus jura subveniunt.As such all the four respondents/opposite parties are punishable under the vicarious liability .
Whether the Honourable Court could not be punished these culprits and co-joinders of crime, the younger generation , teenagers and youth of this country will not be saved to proper stream, failing they will be in the foot steps of the anti-national movement and go into the clutches of extremists and ultras.
6. . That the complainant is permanently residing Q.No. J-157, Jindal Nagar, Kothavalsa under the jurisdiction of Viziangaram District consumer Redressal Forum and Ist and IInd respondents are residing at Bhubaneswar, IIIrd respondent is insisting person residing in Q. No. J-169, Jindal Nagar, Kothavalsa. And the IV the respondent is National Monitoring Head that is UGC chairman, residing at New Delhi Office all four respondents are vicariously responsible for the loss of 8670 academic hours of the complainant, that will not be reback or recover from any of the four respondents. Pain and agony suffered during the paying the private interests paying by the father of the complainant.. As such this complainant praying the Honourable Court to recover and award Rs. 10,00,0000[Rupees ten lacs] to this complaint towards pain, suffering,. Mental agony, and towards loss of 8670 study hours of this complainant in the interest of the Justice.
Therefore, this complainanat respectfully prays the Honourable Court that it is very essential in the interest of the Justice that in person notices may be allowed to I and IInd respondents through my counsel Sh. VS. SHARMA ,to attend before the Honourable Court. Whether the Hounourable Court could not allowing this petition, this complainant will be put to irrepearable loss and injury and these respondents will not be come before vicinity of the court and escaping from the claws of the Judiciary.
Station: Kothavalasa.
Date: 11-05-2011. D E P O N E N T.
Signed before me on this 11th day of May, 2011 at Vizianagaram .
Station:Viziangaram.
Date: 11-05-2010. Attesting Officer.