DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

 

CASE NO:  CC - 104 of   2017

 

 

      Sri Swapan Kumar Das,

S/O- Lt. Baikhunta Das,

Kunjaban Township,

Qtr. No. II/42, P.O. Kunjaban,

P.S. NC.C., West Tripura. .…...Complainant.

 

 

             VERSUS

 

 

      1. Central Board of Secondary Education,

To be represented by its

Authorized Person,

Shiksha Kendra, Community Centre,

2, Preet Vihar, Delhi- 1100092.

 

      2. Central Board of Secondary Education,

Regional Office,

To be Represented by itsAuthorized Person,

Shipla Gram Road,

Near Shankar Deb Kalashetra, 

Panjabari, Guwahati- 781037.

 

      3. Bhawans Tripura Vidyamandir,

To be Represented by its Authorized Person,

Bimangarh, Narshingarh, P.S. Airport,

District- West Tripura- 799009. ........... Opposite Parties.

 

 

 

 

__________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

 

 

 

C  O  U  N  S  E  L

 

For the Complainant : Sri Bhaskar Debroy,

  Sri Anjan Debnath,

  Sri Pulak Saha,

  Sri Swarup Pandit,

  Advocates.

 

For the O.P. 3 : Sri Kishore Kumar Pal,

   Sri Arun Kumar Sarkar,

   Sri Bimal Kanti Nath,

   Advocates.

 

 

 

JUDGMENT  DELIVERED  ON:  28.12.2017.

 

 

J U D G M E N T

      

This case arises on on the petition filed by one Swapan Kumar Das U/S of the Consumer Protection Act. Petitioner's case in short is that her daughter was admitted in the institute of O.P. No.3, Bhawans Tripura Vidyammandir and studied their from Class -I to Class- X after payment of fees. In the admit Card and registration certificate of Madhyamik examination she found that date of birth of her daughter enrolled was recorded on 10.08.1998 instead of 18.10.1998. He rushed to the office of Bhawans Tripura Vidyamandir for necessary correction for rectification. He also paid demand draft of Rs.700/- in favour of Central Board of Secondary Education Regional Office at Guwahati. After lapse of 12 months she again enquired the certificate was not corrected. Thereafter she learnt that the prayer for correction was rejected by respondent No.2. Due to deficiency of service of the O.Ps date of birth was not corrected and he suffered. 

 

2. O.P. No.3, Bhawans Vidyamandir appeared and filed written statement denying the claim. It is stated that after receiving the application of the petitioner matter was referred to the Regional office of Guwahati with the request to make correction by writing date of birth as 18.10.1998 instead of 10.08.1998. They verified the school record and found that actual date of birth of Pallavi Das is 18.10.1998 and not 10.08.1998 as record in the registration and admit card. After sending the letter Board of Secondary Education O.P. No.2 asked the O.P. No.3 to send some documents. Accordingly those documents were also sent in prescribed format. Copies also sent to CBSE. There was no deficiency of service by the school authority. But the Board of Secondary Education rejected it on the ground that it was time barred. 

 

3. On the basis of contention raised by both the parties following points cropped for determination;

(I) Whether there was negligence and deficiency of service by the O.Ps.?

(II) Whether the petitioner is entitled to get redress?

 

4. Petitioner produced the copy of letters, admission Card and documents, despatch certificate, admit card copy. Also produced the statement on affidavit of Swapan Kr. Das, petitioner.

 

5. O.P. on the other hand produced the statement on affidavit of Smt. Swapna Shome, Principal of Bhawan's Tripura Vidyamandir. She also produced the copy of letters, admission enrollment of the complainant, Application of the complainant for correction, fee deposition form of Pallivi Das, Admission Register,  letters.

 

6. On appreciation of all the record we shall now  determine the above points.

 

Findings and decisions:

7. We have gone through the registration and admission enrollment and found that actual date of birth of Pallavi Das was 18.10.1998. Principal of the Bhawan's Vidyamandir, Swapna Shome also stated that as per admission registrar date of birth of Pallavi Das is 18.10.1998. But she also admitted that in the transfer certificate issued by Bhawan's Tripura Vidyamandir date of birth was written 10.08.1998.  

 

8. P.W.1, Swapan Das in his statement on affidavit stated that  findings the errors he rushed to the office of respondents on 22.06.15 and respondents sent the letter for correction on 17.07.15. On 28.11.15 Bhawans Tripura Vidyamandir also informed that letter for correction was accepted by CBSE and he was asked to pay Rs.700/- by demand draft. But CBSE on 17.11.16 after long time informed that the prayer has been rejected. 

 

9. We have gone through the letter issued by CBSE. Letter was issued by the Assistant Secretary. In that letter dated 05.04.16 it is written that application for correction of date of birth of Pallavi Das duly forwarded by the Head of institute was rejected as it was not filed within the said period of one year. From, which date one year is to be counted not written. Is it from the date of publication of the admit card. If it is so, then within one year the application was sent. The application was also accepted by the CBSE, Assistant Secretary by his letter dated 13.11.15. by that letter Assistant Secretary, Registrar CBSE asked the Bhawans Vidyamandir to supply some documents and also pay fees by demand draft. Rs.700/- by demand draft was also accepted by CBSE and after 5 months it was decided that the application is time barred. By this arbitrary action of CBSE the date of birth of the daughter of the petitioner was not correctly recorded in Admit Card. This is gross deficiency of service by CBSE Regional office of Guwahati. By their whimsical decision the date of birth of the daughter of petitioner Pallavi Das was not corrected. 

 

10. We have gone through the birth certificate and found that her date of birth is 18.10.1998. Other documents, admission certificate all clearly revealed the fact. Inspite of that CBSE issued the admit card showing the date of birth as 10.08.1998. The admit Card issued in the year 2015. In the same year application receipt and fees received by CBSE but while disposing the matter they unnecessarily delayed and finally concluded that it was time barred. We clearly find deficiency of service by CBSE, Guwahati. There was some deficiency of service by Bhawans Vidyamandir who failed to issue the transfer certificate correctly. We therefore, direct the CBSE Regional Office Pubjabari Guwhati to make necessary rectification in the admit card and registration certificate of Pallavi Das showing the date of birth on 18.10.1998 instead of 10.08.1998. We direct Bhawans Vidyamandir to make correspondence accordingly by sending copy of judgment to the CBSE Regional Office at Guwahati for correction immediately within 2 months. Case is disposed of accordingly. 

 

 

 

Announced.

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA