Punjab

Faridkot

CC/18/159

Sukhwinder Kaur - Complainant(s)

Versus

Akal Academy - Opp.Party(s)

Gurpreet Singh Chauhan

08 May 2019

ORDER

 

    DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

              C.C. No. :               159 of 2018

Date of Institution :   26.09.2018

Date of Decision :      8.05.2019

Sukhwinder Kaur aged about 22 years d/o Mahinder Singh r/o Village Ahil, Tehsil and District Faridkot.

                                    .....Complainant

Versus

1. Akal Academy, Jand Sahib, District Faridkot through its Principal.
2. Central Board of Secondary Education, Sector 5, Panchkula-134152 through its Head of Department/Chairman.
3. Central Board of Secondary Education, “Shiksha Kendra’, 2, Community Centre, Preet Vihar, Delhi, 110092 through its Chairman.

                                                                           .........OPs

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh. Ajit Aggarwal, President,

Ms. Parampal Kaur, Member,

Present:       Sh Gurpreet Chauhan, Ld Counsel for complainant,                                                        

                      Sh Prabhjit Singh on behalf of OP-1,

 

 Sh R  S Romana, Ld Counsel for OP-2,

 

 OP-3 Exparte.

 

ORDER

(Ajit Aggarwal, President)

                                                

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                                            Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs for deficiency in service and for seeking directions to OPs to correct the name of  mother of complainant in the record of school as well as in the record of Board and for further directing OPs to pay compensation of Rs.50,000/- for inconvenience, harassment and mental agony suffered by complainants besides litigation expenses of Rs.11,000/-.

2                                                Briefly stated, the case of the complainant is that complainant took admission in the school of OP-1 in nursery and passed out his secondary class in 2013 and  senior secondary from there in 2015. It is submitted that name of mother of complainant is Harmanjit Kaur and it is also mentioned on her Birth Certificate issued by Additional Registrar, Births and Deaths Moga and copy of same was given to OP-1 at the time of her admission in nursery by her parents, but OPs have wrongly recorded the name of her mother as Manjeet Kaur instead of Harmanjeet Kaur in her secondary and senior secondary certificates. Complainant came to know about this when she was preparing her documents for passport. Thereafter, complainant approached OP-1 alongwith record and demand draft for requisite fees and requested them to issue him attested documents to get correct name of her mother in certificates, but OP-1 flatly refused to do so. Complainant also issued legal notice dated 10.09.2018 to OPs but all in vain. It is further submitted that Husandeep Singh brother of complainant also passed his senior secondary from CsBSE Board through Jawahar Navodya Vidyalya, Kauni, Faridkot and in his certificates name of his mother is mentioned as Harmanjit Kaur. Complainant made several

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requests to school authorities to make correction in the name of her mother in her certificates in school record as well as in the record of CBSE, New Delhi, but OPs denied the same. All this act of OPs has caused great harassment and mental tension to complainant, which amounts to deficiency in service and unfair trade practice. Complainant has prayed for accepting the complaint alongwith compensation for inconvenience, harassment, mental agony and monetary loss besides cost of litigation. Hence, the complaint.

3                                              The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 3.10.2018, complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                              On receipt of the notice, OP-1 filed written statement wherein they have denied all the allegations of complainant being wrong and incorrect and asserted that at the time of admission, name of mother of complainant was given as Manjit Kaur and it was rectified as Harmanjit Kaur by the Additional Registrar, Births & Deaths, Moga on 28.08.2018 and thereafter, it was corrected as Harmanjit Kaur by answering OP-1 and they corrected their record in Admission and Withdrawal Register on 21.09.2018 and wrote letter bearing no. Gen/aajs/18/678 dated 21.09.2018 to C.B.S.E Panchkula for correction in mother’s name and issue her new D.M.C. for standard 10^th and 12^th. They never refused complainant regarding her request for correction in her mother’ name and handed over all the relevant documents to complainant on 21.09.2018. All the other

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allegations and allegation with regard to relief sought too were refuted with a prayer that complaint may be dismissed with costs against the answering opposite party.

5                                 On receipt of notice OP-2 appeared in the Forum through counsel but did not file reply despite availing several opportunities. It was observed that OP-2 was not interested in contesting the complaint and therefore, vide order dated 26.03.2018 defence of OP-2 was struck off.

6                                      Notice issued to OP-3 through registered cover did not receive back undelivered. It was presumed to be served. Despite expiry of statutory period, no body appeared on behalf of OP-3 on date fixed, therefore, vide order dated 28.11.2018, OP-3 was proceeded against exparte.                  

7                                 Parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them.  Ld Counsel for complainant tendered in evidence affidavit of complainant as Ex.CW-1/A-1 and documents Ex C-1 to C-13 and then, closed the evidence.

8                                                    There is no rebuttal from OPs side, representative on behalf of OP-1 suffered statement before the Forum that their reply be considered as their evidence in present case. Defence of OP-2 has already been struck of and OP-3 is exparte.

9                                           Ld Counsel for complainant argued that complainant took admission in the school of OP-1 in nursery and passed out her secondary and senior secondary class from there. Name of mother of complainant is Harmanjit Kaur but OPs have wrongly recorded the name of

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her mother as Manjit Kaur in the certificates issued for 10^th and 12^th standard. Name of her mother is Harmanjit Kaur but OPs have wrongly recorded the name of her mother as Manjit Kaur. In her Birth certificate, issued by Additional Registrar of Births and Deaths, Moga, name of her mother is mentioned as Harmanjit Kaur and this certificate was duly submitted by her parents to OPs at the time of admission of complainant in the school. Even in the certificates of brother of complainant Husandeep Singh, name of his mother is mentioned as Harmanjit Kaur but in the certificates of secondary and senior secondary issued to complainant, name of her mother is wrongly mentioned as Manjit Kaur instead of Harmanjit Kaur. Despite repeated requests OPs have not made rectification in record of school as well as in the record of CBSE, New Delhi, but OPs denied the same. Complainant submitted demand draft dated 7.09.2018 worth Rs.500/- as Correction Fee in favour of CBSE, Panchkula, but OP-1 refused to accept the same. The complainant also served legal notice OPs, but that also served no purpose. Prayer for accepting the present complaint alongwith compensation and litigation expenses is made.

10                                            There is no rebuttal from OPs sides, however, replied filed by OP-1 is taken as evidence and arguments advanced by them. As per OP-1 there is no deficiency in service on their part and they have denied all the allegations of complainant being wrong and incorrect. As per OP-1, at the time of admission, name of mother of complainant was given as Manjit Kaur and it was rectified as Harmanjit Kaur by the Additional Registrar, Births & Deaths, Moga on 28.08.2018 and thereafter, it was corrected as Harmanjit Kaur by answering OP-1 and they corrected their

 

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record in Admission and Withdrawal Register on 21.09.2018 and wrote letter bearing no. Gen/aajs/18/678 dated 21.09.2018 to C.B.S.E Panchkula for correction in mother’s name and to issue her new D.M.C. for standard 10^th and 12^th. They never refused complainant regarding her request for correction in her mother’ name and handed over all the relevant documents to her. There is no deficiency in service on their part and prayed for dismissal of complaint with costs.

11                                                 We have heard learned counsel for parties and have very carefully gone through the affidavits & documents placed on record.

12                                                  Careful perusal of the case file shows that it is the admitted case of parties that complainant took admission in the school of OP-1 in Nursery and passed out his secondary and senior secondary class from there i.e she remained there for long time and completed her education upto senior secondary level from there. Grievance of complainant is that the name of her mother is wrongly mentioned as Manjit Kaur instead of Harmanjit Kaur in the record of school as well as in the record of CBSE. When this thing came into her notice while preparing to apply for passport, she approached OPs and requested them to correct the same and also filled Correction Fee of Rs.500/- in the form of demand draft, but OPs refused to make any correction. It is observed that as per birth certificate issued by Additional Registrar of Birth and Death, Moga name of her mother is written as Harmanjit Kaur, but OPs have wrongly mentioned the name of her mother as Manjit Kaur instead of Harmanjit Kaur. Requests

 

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made by complainant to OPs for rectifying the name of her mother on her certificates and in their record bore no fruit. Birth Certificate of complainant  Ex C-7 produced on record proves the pleading of complainant that name of her mother is Harmanjit Kaur. Birth Certificate of Husandeep Singh brother of complainant Ex C-8 also reveals that name of mother of complainant is Harmanjit Kaur. Further PAN Card Ex C-5 and Aadhar Card Ex C-6 also prove the fact that name of mother of complainant is Harmanjit Kaur and not Manjit Kaur. Ex C-9 copy of demand draft dated 7.09.2018 worth Rs.500/-depicts that complainant completed all requisite formalities and filled requisite fees for getting rectification in the certificates issued to her, which was denied by Ops. Legal notice Ex C-10 dated 10.09.2018 issued by complainant through counsel to OPs with request to them to make correction in her certificates by rectifying the name of mother of complainant from Manjit Kaur to Harmanjit Kaur reveals the grievance of complainant which was not redressed by OPs. And Ex C-1 and Ex C-2 are copies of documents that clear the grievance of complainant that OPs have wrongly entered the name of mother of complainant in their record and issued certificates mentioning incorrect name. On the other hand there is no rebuttal from Ops side and are silent that why they have not done anything needful to redress the grievance of complainant.

13                                  It is necessary that while sending any document pertaining to particulars of date of birth, address and name of mother/father or guardian to CBSE, New Delhi, school authories should check these things

 

 

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very carefully and should match all these documents with the birth certificate and other documents like adhar and voter identity cards and other documents issued by Government. Had this precaution of making thorough and careful checking been taken by OP-1 at the initial stage and at the time of sending these particulars to OP-2 and Op-3 at the time of sending registration at tenth level, nature of case would have been different as there would have been no grievance of complainant. There is no doubt that complainant made several requests to OPs to correct the name of her mother as Harmanjit Kaur instead of wrongly mentioned Manjit Kaur as per Birth Certificate issued by Additional Registrar, Births & Deaths, Moga and in accordance with PAN Card and Aadhar Card issued to her mother Harmanjit Kaur. When complainant approached OPs with request to make necessary rectification in the name of her mother in their record alongwith requisite correction fee, OPs should have made correction keeping in view the Birth Certificate Ex C-7. Hence, in these circumstances, we are of the considered opinion that act of OPs in not rectifying their own record amounts to deficiency in service and unfair trade practice.

14                                            In the light of above discussion, complaint in hand is hereby allowed. OPs are ordered to change the name of mother of complainant from Manjit Kaur to Harmanjit Kaur in their record and issue certificates with correct particulars.Compliance be made jointly and severally within one month of the receipt of the copy of the order, failing

 

 

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which complainants shall be entitled to proceed under section 25 and 27 of the Consumer Protection Act. Copy of the order be issued to parties as per rules. File be consigned to record room.

Announced in open Forum:

Dated: 8.05.2019

 

                                         (Param Pal Kaur)                   (Ajit Aggarwal)

Member                                      President