Haryana

Bhiwani

CC/206/2023

Mangal Chand - Complainant(s)

Versus

BSEH - Opp.Party(s)

Anirudh

13 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                Complaint Case No. : 206 of 2023

                                                                Date of Institution    : 21.07.2023

                                                                Date of decision:      : 13.03.2024

 

Mangal Chand son of Sh. Naresh Kumar R/o H.No.34/39, Ward No.24, Manan Panna, Bichla Bazar, Bhiwani, 127021, Bhiwani, Tehsil and District Bhiwani.

                                        ...Complainant. 

 

                                                    Versus.

1. Chairman, Board of School Education Haryana, Bhiwani-127021.

 

2. Secretary, Board of School Education Haryana, Bhiwani-127021.

 

3. Superintendent, Head Post Office, Ghantaghar, Bhiwani-127021.

 

 

...Opposite parties.

 

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019.

Before: -       Mrs. Saroj Bala Bohra, Presiding Member.

                    Ms. Shashi Kiran Panwar, Member.

Present:        Sh. Suraj Chand Aggarwal, Advocate for complainant.

                    Sh. Ved Priya Arya, Advocate for Ops No.1 & 2.

                    None for OP No.3.

 

                                                  ORDER

 

SMT. SAROJ BALA, PRESIDING MEMBER:

1.                 Brief  facts of the  present  complaint are that complainant  applied for duplicate Markes Sheet of 10^th standard on 18.06.2023 on Haryana Govt.site Antodaya Saral App  vide application No.HBSE/2023/08235 by paying Rs.500/-. Complainant has submitted that the duplicate marks sheet was to supply by OP Board within 15 days but it was not issued, so complainant approached OP Board on helpline number 0172-3968400 for enquiring about the status of his application. Complainant has submitted that on 21.07.2023, he received a message qua rejection of his application. He has also submitted that the mark sheet was required for getting issued Passport.  Complainant has submitted that the officials of OP No.3 have forced him to produced such mark sheet whereas the other documents viz. PAN Card, Aadhar Car and DL etc. are sufficient to prove date of birth.  Hence, the present complaint has been preferred by complainant alleging deficiency in service resulting into mental and physical harassment besides monetary loss. In the end, prayer has been made to issue directions against OPs to pay Rs.1,20,000/- for harassment. Further, to refund Rs.500/- alongwith interest besides litigation expenses. Any other relief to which this Commission deems fit has also been sought. Complainant has also prayed directions against to issue duplicate mark pertaining to complainant.

2.                 Upon notice, OPs No.1 & 2 appeared through counsel and filed reply raising preliminary objections qua suppression of material facts. On merits, it is submitted that  complainant had applied for duplicate copy of the certificate and filled up the form which shows only details of the candidate and fee deposited but complainant has not uploaded the duly attested copy of the form duly attested from concerned school Principal that is why the application for issuing the duplicate copy of mark sheet was rejected and accordingly, complainant was informed through e-mail dated 19.06.2023.  As such, the OPs have submitted no deficiency in service on their part and prayed for dismissal of complaint with special costs.

3.                 OP No.3 filed written statement stating that objections, if any, on the passport are imposed by the Regional Passport Office, Chandigarh while verification. As such, they denied for any deficiency in service and prayed for dismissal of the complaint qua it.

4.                 In evidence of complainant documents, Annexure C-1 to Annexure C-5 were produced and closed the same.

5.                 On the other side, in evidence of Ops No.1 & 2, affidavit Ex. RW1/A of Sh. Gaje Singh, Deputy Secretary of OP Board alongwith documents Ex. R-1 to Ex. R-3 and closed the evidence.

6.                No evidence produced on behalf of OP No.3 despite availing sufficient opportunities and it was closed by Court vide order dated 15.02.2024.

7.                 We have heard learned counsels for the contesting parties and perused the record carefully. Written arguments on behalf of complainant annexing some news articles on issuance of marks sheet etc.

8.                 At the outset, the OP Board has rejected the application of complainant for issuance of duplicate mark sheet of 10^th standard on ground that complainant had not uploaded the duly attested copy of the form from concerned school Principal vide e-mail dated 19.06.2023 (Ex. R-3) wherein it is averred that ‘Application reference no.HBSE/2023/08235, Dup. no.-32472. You have applied for a duplicate certificate but you did not attach a duplicate form. Please download another offline duplicated certificate form from the board site, fill it by hand and paste your passport size photo, Photo & Form both are attested by the concerned school principal and sent on given e-mail id. ‘ascer@bseh.org.in’ For any assistance you can contact on phone no.01664-254303.  If you are unable to resolve the discrepancy, the application will be rejected after one month from the date of submission.’  Perusal of Ex. R-2-Important Instructions, reveals that “………..11.After one month, the application form & fee sent by applicant will be itself cancelled. The applicant for the reissue Certificate will have to submit a new application form online alongwith the prescribed fee.”   For taking re-issue certificate candidate should get application/photograph attested accordingly to certain rules including attestation by Principal/Headmaster of the concerned school.’  It is admitted by OP Board that complainant had deposited the required fee of Rs.500/- on 18.06.2023 (Annexure C-1) for issuance of duplicate marks sheet and also annexed other relevant documents. However, the OP Board has also placed on record the format of Form ‘Application for Reissue of Certificate’ which was to be submitted by complainant.

9.                 After going through the rival contentions of the parties to the complaint and going through the documents placed on record, we have observed that complainant has also failed to prove on record that he has submitted the required form with photograph of applicant duly attested by Principal/Headmaster of concerned school, to the OP Board within prescribed period and that is why they rejected his application for reissuance of the certificate as per rules. However, to meet the ends of justice, in our view, it would be appropriate to direct the OP Board (OPs No.1 & 2) to issue the certificate as sought by complainant in this complaint on the previous fee of Rs.500/- paid by complainant on 18.06.2023 subject to submission of required document(s) by complainant to the OP Board, within fifteen days of submission of such document(s). The complaint stands disposed of accordingly. Certified copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:13.03.2024.