BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Saturday the 29th day of November , 2008
C.C.No. 154/07
Between:
Kanakam Chinna Nagaraju, S/o. K. Venkata Swamy,
R/o. Banakacherla Post and Village, Pamulapadu Mandal, Kurnool District. … Complainant
Versus
- D.Allabakash, Principal, Islamia Co-operative Junior College,
Krishna Nagar-2, Kallur Mandal, Kurnool District.
2. Board of Intermediate Education, Represented by Secretary,
Vidya Bhavan , Nampally, Hyderabad, Andhra Pradesh … Opposite parties
This complaint is coming on this day for orders in the presence of Sri.A.Prabhakar Reddy, Advocate, for the complainant, and Sri.Md.Akram, Advocate, for the opposite party No.1 and Smt.U.Umadevei, Advocate for opposite party No.2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. K.V.H.Prasad, President)
C.C.No.154/07
1. This case of the complainant is filed U/S 12 of C.P. Act seeking direction on the opposite parties to deliver the mark list of complainant with hall ticket No.051092652 , to allow the complainant to appear for examination if the complainant failed in any examination , to pay Rs. 1 lakh towards the loss of one academic year , Rs. 50,000/- as compensation for sufferance and Rs.10,000/- as cost alleging that he joined the opposite party No.1 in August , 2003 for studying two year Medical Lab Technician Vocational Intermediate Course by paying necessary fees and appeared first year examination held in March ,2004 and as failed in two subjects i.e., General Foundation Course ( GFC) , Bio-chemistry , paying fee Rs. 540/- appeared for examination of said two subjects along with all the subjects of second year in December, 2004 and the complainant was not allowed to practical examinations held in February , 2005 on the ground that he did not pay examination fees and on paying a further amount of Rs. 2,000/- as demanded by the opposite party he was issued hall ticket No. 051092652 and was allowed to write examination . But the result was with held by opposite party No.2 without any reason . On the advise of opposite party No.1 he paid Rs. 190/- and appeared for the instant examination of all papers held for failed candidates and the results were not published in Internet and on an enquiry came to know the reason as his not appearing for the examination of two papers in first year in spite of the fact of his attending said examination was evidenced in vocational D-form issued by second opposite party . The complainant paying a further amount of Rs.2,000/- to opposite party No.1 appeared for examination held in May 2005 . But the opposite parties withheld the results of May, 2005 even without any reason . Hence, the complainant once again compelled to pay the examination fees for writing instant examinations . The above conduct of the opposite parties in not conducting the examinations properly and publishing the results amounts deficiency of service on their part . The practice of opposite party No.1 not issuing receipts for the fees paid is amounting to an unfair trade practice and the said deficient conduct of the opposite parties ensured loss of academic year besides to loss of money and time .
2. In pursuance of the receipt of the notice of this forum as to this case of the complainant the opposite parties caused their appearance through their counsels and contested the case filling their written version denying as to their liability to the complainants claim.
3. The written version of the opposite party No.1 besides disputing the justness and maintainability of the complainant’s case requiring the strict proof of complaint averments . Even though it admit the complainant joining the Medical Lab Technician Course in the year 2003 , alleges the complainant is poor and was not able to pay any fees and the management of opposite party No.1 was bearing necessary fees of complainant and so non issual of receipts for fees unfair and defamatory on the part of the complainant . It allege the complainant not appeared for examination in GFC and Bio-Chemistry in 2004 . It deny the allegation of complainant as to payment of fee of Rs. 540/- and appearing for examination in December, 2004 as any examination as alleged was conducted in December, 2004 . In the examination appeared in June, 2005 the complainant even though passed in above two subjects, failed in English and Bio-Chemistry (Theory) II and other subjects and failed to appear for second year practicals in Bio-Chemistry II and OJT ( other job training) and there after did not appear for examination in March, 2006 and for his inability to attend and pass the examination the complainant can not blame the opposite parties as results at times were with held for his non attending certain examination. The complainant defaulted in collecting the mark list from the opposite party No.1 making any approach . It lastly deny the alleged unfair trade practice and extraction of Rs.2,000/- and Rs.190/- for allowing the complainant for practical examination and seeks the dismissal of complaint with cost for want of proper cause of action .
4. The written version of the opposite party No.2 besides questioning justness and maintainability of the complainants case and requiring the strict proof of complaint averments submit that the complainant passed in examination held in March, 2004 in English I and practicals and failed in the first year PC – 02 , 11 ,12 , 13 , 14 and in the instant examination held in June, 2004 passed only in PC – 12 , 13, 14, and in the examination held in March, 2005 he appeared with hall t No. 051092652 along with second year papers for the failed subject of first year along with all theory papers of second year and not the practical papers of code – 71 ( Bio-Chemistry II ) , other job training paper code – 81 and so his results were with held but the mark list was sent to opposite party No.1 . Neither the complainant nor the opposite party No.1 made any approach as to any discrepancies in mark list and pass certificate within the stipulated time of 30 days of publishing results as contemplated in circular No.43/C-25-4 -2005 dated 29-4-2005 and circular RC.No.43 / C 25-4/ 1PASEA May/ June, 2005 dated 27-6-2005. on account of opposite party No.1 sending wrong MNR of ASE June, 2005 the previous passed papers reflected as absent in the marks memo IVPE June, 2005. As the loss of academic year being at the faulty conduct of the complainant rather than the opposite parties it allege any deficiency on its part and there by any liability for the complainants claim and as per the decision of Hon’ble State Commission in F.A.No. 137/2002 against C.D.No. 208/1999 of Khammam District Forum in Secretary and Controller Board of Intermediate Education Vs. M. Sujatha and Principal Government Junior College , Nagulavancha . The Board of Intermediate Education does not come under the definition of consumer and the C.P. Act has no application and so seeks dismissal of the complainant case with cost .
5. In substantiation of the contentions while the complainant side has taken reliance on documentary record in Ex.A1 to A10 and the sworn affidavit of the complainant , the opposite party side has taken reliance on documentary record in Ex.B1 to B11 and the sworn affidavits of opposite parties 1 and 2.
6. Hence, the point for consideration is whether the complainant has made out any deficiency of the opposite parties and there by their liability to the complainants claim.
7. The Ex.A1 is the hall ticket bearing No.129648 issued to complainant by Board of Intermediate Education, A.P., Hyderabad for enabling him to appear for first year Medical Lab Technician ( MLT) Advanced Supplementary Intermediate Public Examination ( first year vocational ) i.e ASE June, 2004 from the centre No. 2490 located at Government Junior College , (Town) Kurnool near Control Room , Kurnool . The Ex.A2/B1 is the memorandum of marks secured by the complainant in the examination he appeared vide Ex.A1 hall ticket it envisages the fail of complainant in PC – 02 General Foundation Course ( theory) as absent and in Bio-Chemistry – I as secured only seven marks out of fifty .
8. The Ex.A5 and A6 envisaging the number of candidates hall ticket numbers who were absent and who being present provided of answer sheets for the examination held in Bio-Chemistry – I and General Foundation Course ( theory ) on 27-05-2005 and 25-05-2005 respectively were taken reference by the complainant side to say the attendance of the complainant to those examinations . But the said Ex.A5 and A6 even though stated to be pertaining to first year vocational course , they appear to be of any relevancy to the contention of the complainant as while the first year examination concerned in Ex.A1 and memorandum of marks pertain to June, 2004 ( ASE 2004) and the complainants hall ticket number for said examination in June , 2004 was 129648 , the said Ex.A5 and A6 pertains to the examination of said subjects of the first year held on 27-05-2005 , and 25-05-2005 of the candidates with hall ticket numbers starting with 0510 series . If the complainant really attended the examination of the subject General Foundation Course and the marks memo in Ex.A2 / B1 reflects an incorrect entry as to his absence to said examination leading to fail in said subject , the complainant would have endeavored to summon the list of the hall ticket numbers who attended and who absented for said examination on said particular day of examination , maintained by the concerned examination centre to substantiate the said contention of his as to attending the examination of said subject to which absence were shown in marks memo for failing him in said subject . Hence in the absence of any such endeavour the mere contention of the complainant as to his attending the said examination in said subject , is not remaining sufficient to hold the truth in his said contention shifting any burden of its rebuttal on to the opposite parties .
9. The Ex.A3 is the application of complainant for appearing to the examination for second year Medical Lab Technician Vocational Intermediate Course in March , 2005 . It assigns to the complainant, hall ticket No. 051092652 for appearing to the examination of subjects mentioned there in i.e., for first year GFC and Bio-Chemistry and for second year GFC , English , Bio-Chemistry , Micro Biology, Pathology and Animal care etc., . The Ex.A4 is the second year hall ticket issued for attending the examinations concerned in Ex.A3 in May /June, 2005 at the same examination centre 2490 given for the first year examination of ASE 2004 . The Ex.B2 and B3 are the memorandum of marks which the complainant secured in examination held in March, 2005 and June, 2005 to which the complainant appeared vide hall ticket No. 051092652 . The Ex.B2 and B3 envisage the fail of the complainant in second year subjects Bio-Chemistry – II , practicals and on the job training (OJT) on account of his absence to said examinations. The complainant did not made any endeavour to get into the record the list of the candidates with their hall ticket numbers , as to the factum of those who attended the said examination and who were absent to the examination held in March, 2005 from the said examination centre which maintains it for each examination separately to prove his attendance to the said examinations to which his absence was marked in correctly and so there being any prima facie proof of said fact from the complainant any burden of its rebuttal shifted to the opposite parties .
10. The Ex.A5 and A6 unattested Xerox of list hall ticket numbers of candidates who attended and who were absent for the examination Bio-Chemistry – I General Foundation Course ( theory ) held on 27-5-2005 and 25-5-2005 respectively at the examination centre No. 2490 . It being envisaging as that of first year vocational and the Ex.B3 is reflecting the fail of complainant to the subjects Bio-Chemistry II , practicals and on the job training of second year intermediate vocational medical lab technician course, the said Ex.A5 and A6 remains of any avail to substantiate the alleged contentions of complainant as to his attending those examinations and the Ex.B3 is reflected incorrect facts as to his absent to those subject examinations which were shown as fail. The complainant made any endeavour to get into record from the concerned examination centre the list of candidates hall ticket numbers who attended and who absented to the examinations held in said subjects to which the complainant was shown as failed on account of his absence to said examinations , in prima facie proof of his contention as to his attending the examinations in said subjects and the entry in Ex.B3 as to his fail in said subject was an incorrect one . In the said circumstances the mere reliance on Ex.A5 and A6 without its substantiation by the persons having privy to said document , is not remaining sufficient either to shift the burden of proof on to the opposite parties or discredit the contentions of the opposite parties as to the fail of the complainant in the subjects mentioned in Ex.B3 was on account of his absence to said examination.
11. The Ex.B4 to B8 reveal the accounts of income and expenditure of the opposite party No.1 institution were being audited regularly and periodically and there by envisaged proper maintenance of account and presumption of bonafides being in the course of his normal business being not rebutted otherwise .
12. There appears any merit and force in the contentions of the complainant as to the alleged unfair trade practice of opposite party No.1 in not issuing receipts for payment received from students and complainant , for want of its substantiation by any such victims other than the complainant, especially when the opposite party No.1 flatly denied the same and shows the regular periodical accountability of the accounts of income and expenditure of his institution through Ex.B4 to B8 ( annual audit reports ) and three bill books containing the carbon copy of the bills issued for the payments received in favour of the institution of opposite party No.1 .
13. The written version of the opposite parties 1 and 2 and the Ex.A9 and A10 reply of the opposite parties to the Ex.A8 notice of the complainant as alleges the non collection of memorandum of marks by the complainant by any approach to the opposite party No.1 institution and there being any practice of sending marks list direct to the candidate – there appears any unnaturality in the possession of E.xB2 and B3 of the complainant with opposite party No.1 . Hence the complainant shall be at liberty to collect them from the opposite party No.1 institution making a proper approach for receiving them as there being any objection for their delivery to the complainant by opposite party No.1 on proper approach .
14. The Ex.B9 is a communication dated 29-04-2005 of the Secretary Board of Intermediate Education addressed to all the Principals of Junior College in State like opposite party No.1 , requires the discrepancies in marks memorandum has to brought its notice by 30 -5 -2005 i.e., in about a month to then . The Ex. B 10 is another communication dated 27-06-2005 of Secretary Board of Intermediate Education addressed to all the Principals of Junior College in State like opposite party No.1 also envisages the same. But any grievance of discrepancies or incorrect facts in the memorandum of marks in Ex.B2 and B3 were taken to the notice of the Board of Intermediate Education by the complainant directly or through the opposite party No.1 except the complainant resorting to causing of a legal notice in Ex.A8 that too after a lapse of several months with a bundle of grievances which can not be attended in the light of the above time stipulation .
15. In the circumstances discussed as to the complainants any endeavour in establishing prima facie the bonafidees of his contention as to his appearing for the examinations and as to the incorrectness of his absence shown to said examinations , what remains clear is that the fail of the complainant in the examination held was not on account of any deficiencies or latches on the part of the opposite parties but on account of his own negligent conduct . Therefore there appears any liability of the opposite parties in the fail of the complainant in qualifying himself in the examinations held by the opposite parties to his Medical Lab Technician Intermediate Vocational Course .
16. A student who fails in the examination held is having every right for appearing in the supplementary examinations or periodical examinations held by the institution , if he wants to qualify of the course of his study . Therefore any direction is warranted to the opposite parties in that direction.
17. Consequently, there being any merit and force in the case of the complainant creating any liability of the opposite parties to the complainants claim , the case of the complainant is dismissed with cost.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 29th day of November, 2008.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Hall ticket No.129648.
Ex.A2. Mark being 1st Year Vocational June 2004.
Ex.A3. Application form for vocational course March , 2005.
Ex.A4. Hall Ticket No.051092652.
Ex.A5. Vocational D-form for code No.2490 for Bio-chemistry.
Ex.A6. Vocational D-Form for code No.2490 for Theory.
Ex.A7. Inter Supplementary result publishing in Andhrajyothi
dated 26-06-2005.
Ex.A8. Legal notice dated 21-04-2006.
Ex.A9. Reply of OP No.1 dated 29-04-2006
Ex.A10. Reply of OP.No.2 dated 10-05-2006.
List of exhibits marked for the opposite parties:
Ex.B1. Memorandum of marks of complainant of June 2004 1st year.
Ex.B2. Memorandum of marks of complainant of March 2005 2nd year.
Ex.B3. Memorandum of marks of complainant of June 2005 2nd year.
Ex.B4. Audit certificate for the year 2003-2004.
Ex.B5. Audit certificate for the year 2004-2005.
EX.B6. Audit certificate for the year 2005-2006.
Ex.B7. Audit certificate for the year 2006-2007.
EX.B8. Audit certificate for the year 2007-2008.
EX.B9. Letter dated 29-04-2005 addressed to all Principal Junior
Colleges in State.
Ex.B10. Letter dated 27-06-2005 addressed to all Principal Junior
Colleges in State.
Ex.B11. Xerox copy of time table for Intermediate Examination for
the year March 2005 along with instructions.
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
