Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 31.12.2015

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite party no. 2 to appear in improvement examination.
2. To direct the opposite party no. 1 and 2 jointly and severally to pay Rs. 1,00,000/- ( Rs. One Lac only ) as compensation.

2. In the complaint petition the complainant has asserted that he was an appearing candidate for the year 2003-2005 for which he was informed by the Nalanda Open University in December 2005 through speed post. It appears that the complainant had obtained 53.125% marks. The complainant was not satisfied with the aforesaid marks and thereafter according to  rule of university the complainant deposited fee for improvement examination which was accepted and accordingly the aforesaid university has to issue admit card in favour of complainant which was never sent or received by the complainant. Thereafter the complainant written several letters to Government of Bihar which are annexed as Annexure – 1 series. The complainant again made several application to the Hon’ble Lokayukta Bihar, the copies of which has annexed as annexure – 2 series. The grievance of the complainant, as appears from the aforesaid complaint petition, is that due to non receipt of admit card he could not appear in the examination resulting in loss to his career. It appears from the judicial record that earlier the secretary Nalanda Open University was added as opposite party no. 2 but opposite party no. 2 was deleted by the complainant from this complaint as will appear from order dated 22.07.2011.
3. We have gone through the judicial record of this case. It appears from the complaint petition that the cause of action arose in 2005 or 2006 while this complaint has been filed on 06.07.2011 much after statuary period of two years as prescribed in Consumer protection Act.
4. A rejoinder has been filed by the opposite party no. 1. In para – 8 of written statement filed by the opposite party no. 1, It has asserted that complainant never approached the opposite party no. 1 either in writing or orally and he has failed to file evidence of registered post or speed post or its number. It has been asserted that the complainant has no where sated that the aforesaid “Admit Card” was sent by Nalanda Open University either through registered post or speed post. It has been further asserted by opposite party no. 1 that the complainant should have preferred his allegation with opposite party no. 1 within 6 months from the date of booking of article as per rule 81 of section 1 laid in post office guide part 1 ( annexed as Annexure – A3 of written statement ). Apart from the aforesaid fact the complainant has himself annexed the report of the Kul Sachiv Nalanda Open University from perusal of which it appears that the  aforesaid admit card was given to the student who had come to office of Nalanda Open University and thereafter the admit card was sent through Dak. In this very report it has been stated that the programme of the examination was also advertised twice through News Paper. The aforesaid report of university has also been accepted by the Hon’ble Lokayukta and further action on the complaint lodged in this regard has been closed. This letter dated 07.07.2009 issued under the signature of Awar Sachiv of Hon’ble Lakayukta has been annexed by complainant on page 21 of complaint petition.

In view of the aforesaid fact we find that there is no merit in this case and as such this case stands dismissed.

                                                 Member                                                          President