BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
Monday, 10th November 2014
CONSUMER COMPLAINT No. 23/ 2013
Vempalli Sandeepu, S/o V. Rama Krishna,
age 23 years, Student, D.No. 2/400,
opposite Zion College, R.S. Road,
Kadapa city. ….. Complainant.
Vs.
1. Head Master, St. Joseph Boys High School,
Mariapuram, Kadapa City.
2. The Director, A.P. Open School Society, 3rd floor,
opp. L.B. Stadium, E-Gate, S.C.E.R.T Campus,
Basheer baugh, Hyderabad – 500001. ….. Opposite parties.
This complaint coming on this day for final hearing on 27-10-2014 in the presence of Sri P. Jayarami Reddy, Advocate for complainant and Sri D. Pratapkumar Reddy, Advocate for Opposite party No. 1 and Sri P. Subramanyam, Advocate, opposite party No. 2 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the Opposite parties to issue 10th class open school society original marks memorandum and to pay Rs. 2,00,000/- for loss of further study and Rs. 25,000/- for humiliation and mental agony and Rs. 5,000/- for costs.
2. The averments of the complaint in brevity are that the complainant is student and appeared for SSC Examination in June 2009 through Ramakrishna High School, Kadapa and passed three subjects viz., English, Social and Hindi and failed three subjects viz., Telugu, Maths and Science. While so, the complainant intend to write exams, approached opposite party No. 1 and admitted in opposite party No. 1’s High school for academic year 2009-10 by paying Transfer of Credit Scheme, as he was interested to write the examination for failed subjects viz,. Telugu, Maths and Science under the scheme of Transfer of Credit Scheme by exempting two subjects out of five subjects. His admission number is 109111101036. At the time of admission the complainant submitted his T.C, SSC failed marks list and study certificate. The complainant gave filled application along with passed subject details and failed subject details through opposite party No. 1 staff under Transfer of Credit Scheme. The complainant received Hall ticket No. 0911040174-1 and appeared for examination in the month of May 2010 and passed three subjects. He received mark list from internet by way of download. But the opposite parties has not get the passed certificate including two subjects English and Social which were already passed. When the complainant approached the Opposite party No. 1 to get the passed mark list he gave evasive replies and not properly responded. The complainant father gave representation to the opposite party No.2 on 01-12-2012 requesting to send SSC passed mark list. The complainant father received letter from opposite party No. 2 stating that there is no information with regard to appearing of the candidate under Transfer of Credit Scheme and original failed mark memo of regular SSC not received either from the complainant or Opposite party No. 1.
3. Opposite party No. 1 had not send the original SSC failed mark list issued by Board of Secondary Examination, A.P. after admission along with the application to attend the examination to the Directorate of Open School Society and also not mentioned complainant passing two subjects under Transfer of Credit Scheme. Opposite party No. 2 published only three subjects has passed and not published remaining two passed subjects and their results. Since, the opposite party No.1 have not send the documents due to that the complainant suffered a lot and he could not join and further studies in any college and also lost opportunity to apply for Home guard posts, as he did not receive original mark list of SSC Under Open School Society. The complainant issued legal notice on 26-2-2013 to the opposite party No. 1 to obtain mark list from opposite party No. 2. But opposite party No. 1 did not give any reply not get the mar list. Opposite party No. 1 by admitting the complainant in his school and having received required fee has not rendered his service and there is deficiency of service on the part of opposite party No. 1. Hence, the complaint for the above reliefs.
4. Opposite parties 1 & 2 filed separate counters.
5. Opposite party No. 1 filed counter denying the allegations but admitted the complainant approached for joining in Transfer of Credit Scheme in the year 2010 for failed subjects Telugu, Maths and Science as pleaded by the complainant. It is further contended that at the time of joining the complainant did not produce original marks memo. Basing on the request letter dt. 18-11-2009 by the complainant, the opposite party No. 1 allowed to apply for examination application for the year 2010, after that the complainant passed Telugu, Maths and Science in the year 2010. The complainant did not produce the original marks memo issued Board of Secondary Education. The complainant submitted the same to O.P. 1 on 13-8-2012 with a request letter of complainant’s brother by name Anil Kumar, stating that the marks memo was issued on 25-01-2012 with signature of Head Master of Sri Ramakrishna High School, Kadapa. Immediately after receipt of the marks memo the O.P.1 send the same to the Director of Andhra Pradesh Open School, Hyderabad i.e. O.P.2. O.P.2 had not send the marks memo, because sending of marks memo of the complainant is too late. Since the complainant has not produced the marks memo in time and neglected. There is no negligence on the part of O.P.1 to send marks memo to O.P.2. Hence, the complaint is liable to be dismissed.
6. Opposite party No. 2 filed counter denying allegations against him. Further contended the complainant got admission in to St. Joseph Boys High School, Kadapa i.e. O.P.1 to peruse SSC (APOSS) during the academic year 2009-10 with admission No. 109111101036 and subsequently the complainant had appeared for examination in 2010 for three subjects Telugu, Maths and Science and passed in three subjects. But the student / Head Master (A1 Coordinator) did not submit the original failed certificate of regular SSC issued by Board of Secondary Education, A.P. Hyderabad for Transfer of Credit Scheme. The father of the complainant sought for information on 7-12-2002, he furnished information with regard to appearing of candidate and Transfer of Credit Scheme and the original failed memo of SSC of complainant was not received. It is further informed to submit original failed marks memo of regular SSC through Head Master / A1 coordinator of school concerned to the Director of APOSS, Hyderabad to settle the issue. Therefore, the SSC (APOSS) pass certificate can be issued even now on producing original memo of regular SSC through the Head Master of the school i.e O.P.1. Hence, the complaint against this party is liable to be dismissed.
7. On the basis of the above pleadings the following points are settled for determination.
- Whether there is any negligence and deficiency of service on the part of the Opposite parties?
- Whether the complainant is entitled for the relief’s as prayed for?
- To what relief?
8. On behalf of the complainant PW1 is examined and got marked Exhibits A1 to A12 and on behalf of opposite party No. 1 Exhibits B1 to B4 documents were marked. No documents are marked for opposite party No. 2.
9. Heard arguments on both sides and considered the written arguments filed by the complainant.
10. Point Nos. 1 & 2. There is no dispute that the complainant approached opposite party No. 1 to write SSC Examinations in the scheme of Transfer of Credit as he failed three subjects Telugu, Maths and Science and passed three subjects English, Social and Hindi. It is also an admitted fact that the opposite party No.1 admitted the complainant in his school for academic year 2009-10 by collecting fee under Transfer of Credit Scheme and the complainant was sent for written examination under Hall Ticket No. 0911040174-1 and he appeared for the examination in the month of May 2010 and passed three subjects and got the results. The grievance of the complainant is that the O.P.1 has not sent his failed SSC mark list to the O.P.2, so as to send the marks list by O.P.2 after passing the examination. It is his further case that inspite of request made by him the opposite parties have not send 10th class Open School Society original marks memorandum. Therefore, he lost opportunities for further studies. On the other hand it is specific case of O.P.1 that they admitted the complainant and complainant appeared for the examination and passed three subjects, but he failed to produce his failed SSC memorandum of marks they could not send the same to the O.P.2 and the complainant’s brother produced the same with the signature of Head Master of the school on 13-8-2012 the same was sent to O.P.2 on 14-8-2012. Thus there was no negligence or deficiency of service on the part of O.P.2. The delay is only because of negligence of the complainant for not producing original SSC failed mark list at the time of his admission.
11. PW1 is the coordinator from District Education Office, he stated in his evidence on 13-8-2012 the brother of the complainant gave a request letter along with marks memo to the Head Master, Mariapuram, Kadapa i.e. O.P.1 to submit the marks memo to the Higher Authorities. He further admits that the said marks memo is dt. 25-1-2012 by Sri Ramakrishna High School, Head Master he also says that at the time of admission of complainant he gave letter to the O.P.1 to accept his application without marks memo. The complainant filed Ex. A3 P/c of failed mark list. But the same shows without signature of Head Master, or the Head of institution and date as 25-1-2012. If really Ex. A2 was produced by the complainant at the time of admission before O.P.1 the same would have contained the signature of Head of institution with date and seal. But the same does not contain the signature date and seal of the institution to show when it was issued. Ex. B1 is the letter said to have been issued by complainant on 18-11-2009 to the O.P.1. In the above letter it was clearly admitted by the complainant that his failed mark list was misplaced and not traceable and will handover the duplicate later. The same is even supported by the evidence of PW1 that original failed marks list of SSC was not produced by the complainant at the time of his admission in the O.P.1’s school. Therefore, it is proved that the failed mark list of SSC issued by Board of Secondary Education was not produced by the complainant at the time of his admission at O.P1’s school. As seen from the evidence of PW1 and document evidence Ex. A3, the original failed mark list was submitted to O.P.1 on 13-8-2012 by complainant’s brother by name Anil Kumar. Ex. A4 is the letter by O.P.1 to O.P.2 sending the failed mark list of complainant requesting to send Transfer of Credit pass certificate of complainant. So there is no either negligence or deficiency of service on the part of the Opposite parties 1 & 2. The delay occurred in sending Transfer of Credit pass certificate of complainant as the complainant failed to produce his failed SSC certificate at the time of his admission at O.P1’s school or till 13-8-2012. Hence, the complainant is not entitled for compensation either for mental agony or for loss of academic year opportunities of jobs etc., as the delay was caused on his own fault. Further whatever, may be delay, the failed certificate was already sent to O.P.2 by O.P.1 for Transfer of Credit Scheme pass certificate of complainant, therefore, the O.P.2 is directed to send the same without any further delay, if not already sent. Accordingly, the points 1 & 2 are answered.
12. Point No. 3. In the result, the complaint is dismissed without costs. With a direction to the opposite parties 1 & 2 to issue 10th class Open School Society Original Marks Memorandum to the complainant, within one month from the date of receipt of this order, if not already sent the same to him. Accordingly, complaint is disposed of.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 10th November 2014
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant
PW1 N. Tirupathaiah, Dist. Coordinator, dt. 3-7-2014.
For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 Photocopy of Transfer Certificate.
Ex. A2 Photocopy of study certificate.
Ex. A3 Photocopy of failed marks list of SSC issued by Board of Secondary Education, A.P. from Ramakrishna High School, Kadapa.
Ex. A4 Photocopy of admission form No. 259566.
Ex. A5 Photocopy of fee challan receipt for admission.
Ex. A6 Photocopy of Hall ticket issued by Open School Society, Hydeabad.
Ex. A7 Photocopy of the mark list taken interenet by way of download.
Ex. A8 Photocopy of representation given by Rama Krishna father of the complainant.
Ex. A9 Reply letter re eived from Director, A.P. Open School Society, Hyderabad.
Ex. A10 Office copy of legal notice dt. 26-2-2013.
Ex. A11 Acknowledgement card duly served on O.P. No. 1.
Ex. A12 Copy of letter received from D.E.O office to advocate of complainant, dt. 29-6-2014.
Exhibits marked for Opposite parties: -
Ex. B1 Request letter of complainant dt. 18-11-2009.
Ex. B2 Attested copy of marks memo issued dt. 21-1-2012.
Ex. B3 Request letter of complainant’s brother dt. 13-8-2012.
Ex. B4 Letter sent by O.P. 1 to director of A.P. Open School, Hyderabad
dt. 14-8-2012.
MEMBER PRESIDENT
Copy to :-
- Sri P. Jayarami Reddy, Advocate for complainant.
- Sri D. Pratapkumar Reddy, Advocate for O.P.1.
- Sri P. Subramanyam, Advocate for O.P.2.
B.V.P. - - -
