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Arjun   16 June 2018

Suing a University

I applied for a transcriptt on February 16th from university of Calicut for applying to an overseas university for higher studies. I was informed the normal time to receive the certificate after applying in 20-25 days. I didn't receive it within that time. I even visited the university in person to inquire about the status of my application to which they kept replying they will do it the next day. I even reminded them on the phone numerous times. (I have call log records saved). This led to my application at the overseas university getting rejected. I filled a complaint with the controller of examinations on may 9th, the same day I received the rejection letter from the other university. They did not take any action. So I sent multiple emails to the joint controller of examinations demanding compensation. Instead of the compensation they sent the certificate on 15th May which is of no use to me since my application already got rejected on 9th May. (I have the emails and all the receipts for payments I made) So my questions are 1. Will it be worth it if I file a complaint at the consumer forum? 2. How likely is it to receive a judgement within three months? 3. This particular university has a history of not showing up at court when the case is called for hearing. How will that affect me?


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 1 Replies

G.L.N. Prasad (Retired employee.)     16 June 2018

No one can foretell success in litigation.

But you have a deserving case and your fight may bring in relief to several hundreds of others that may face similar problems in future.

If you have paid a consideration for the services, if there is a time frame fixed and atleast threre was inordinate delay, you can file a consumer complaint in District consumer forum.

The total costs including stationery/fees may not exceed Rs.500/- if you make a complaint as a party in person.  There are no usual formalities like in court.   Mere issuing of a notice, establishing payment of consideration as fees, establishing deficiency of services, suffering of loss are enough.

Most of the citizens do not fight for themselves but to bring some change in mindset of authorities and to avoid such delays in future to some other students and to reduce such suffering / turmoil undergone already undergone by them should not be experienced by some others .

Decision is left to you on availability of such time.  Just read Consumer Protection Act in google and down load a format of complaint.

Before

District Consumer forum,...........

Complaint under CP Act

1.Descripttion of parties.

a.Complainant;

b.Other party (university)

2.Services solicited:

3.Consideration paid:

4.Deficiency of service.

5.Notice issued

6.Loss sufferred

7.Cause of action.

8.Limitation period (within 2 years from notice)

9.Jurisdiction: Geographical / Issue

10.Prayer: for a)Refund of fees b)costs Rs.10,000/- c)Compensation Rs.5 lakhs 

Solemnly affirm and state that above facts are true to the best of my knowledge and belief.

Complainant.

 

 

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