Complainant Simrat Kaur has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, The C.P.Act.) seeking necessary directions to the opposite parties to correct the name of her father in all documents as Niranjan Singh instead of Naranjan Singh in the school/board record and in 10th Class Grade Sheet cum Certificate of Performance issued by opposite parties. Opposite party be further directed to pay Rs.4,50,000/- alongwith interest @ 18% per annum as compensation for causing mental harassment, agony, inconvenience and pecuniary loss to her alongwith Rs.30,000/- as cost of litigation. Opposite parties be next directed to pay Rs.5,00,000/- alongwith interest @ 18% per annum as penalty for not complying with the order dated 06.07.3018 passed by District Consumer Forum,Gurdaspur, in the ends of justice and fair play.
2. The case of the complainant in brief is that she got her admission in the D.A.V. School of opposite party no.1which is affiliated with opposite parties no.3 and 4. When, she was studying in 10th class under the school of opposite party no.1, there was spelling mistake in her father’s name in school record and her certificates. She approached opposite party no.1 in April 2016 and request for correction of her father name in school record and opposite party no.1 advised her to approach opposite party no.2 to make relevant correction in her documents/certificates in the school record. She approached opposite party no.2 for such correction and she also submitted a copy of her father identity with written request to correct the spelling of her father name and opposite party no.2 corrected the spelling in computer record and received the monthly fees and issued receipts in correct name of her father and he assured her that he will correct the same in the other records as well as admission form which will be send to the opposite party no.3 before the Board Examination. She deposited the prescribed fee and opposite party no.2 issued fees receipts with the correct name of her father as Niranjan Singh. That after passing the 10th class she was surprised when she received 10th class grade sheet cum certificate of performance from the opposite party no.3 and 4. She noticed that the spelling of her father name has not been corrected in 10th class grade sheet cum certificate of performance. The correct name of her father is Niranjan Singh, but the opposite parties No.3 and 4 wrongly printed the name of her father as Naranjan Singh on 10th class grade sheet cum certificate of performance. She approached to the opposite parties no.1 and 2 for wrong spelling of her father name and opposite parties no.1 and 2 admited their mistake and assured her that they will get the necessary correction done from the opposite partiesno.3 and 4 and also demanded an affidavit of Niranjan Singh as proof of his correct name and also demanded other proofs and she submitted the same alongwith other documents and relevant fees. But till now, the opposite parties did not correct the name in 10th class grade sheet cum certificate of performance. In November 2017, she again contacted to opposite party no.1 and 2 for above said correction but the opposite parties no.1 and 2 refused to correct the name on her 10th class certificate. A legal notice was served upon opposite parties no.1,2 and 3 but they did not bother to reply. Lastly, her father had filed complaint having No.621 of 2017 before the consumer Forum, District Gurdaspur against the opposite parties no.1,2 and 3 for correction her father’s name and the same was withdrawn after making the statements of opposite party no.1. Vide order dated 6.7.2018 by the Consumer Forum, District Gurdaspur gave direction to the opposite party no.1 to forward the documents to CBSE Regional Office Panchkula i.e. opposite party no.3 for making necessary correction of father’s name of the above name children/students at the earliest. That she had deposited the fee for correction of her father name in her documents on 11.7.2018. She completed all the necessary formalities for correction of her father name in her documents but till today the correction has not been made by the opposite parties. She and her father are suffering too much by opposite parties. Thus, there is deficiency in service on the part of the opposite parties. Her future is at stake as she has to apply for higher studies and appear in various competitive exams in future. She wants to go abroad for higher studies. With any mistake in documents, she is unable to apply passport and unable to apply IELTS. The correction of her father’s name in 10th class certificates are highly indispensable as these documents are the basic documents for all further exam and visa purpose. She served a legal notice through her father to the opposite parties on 28.1.2019 through registered cover in which her father demanded to correct his name in her all documents and also for compliance of the order dated 6.7.2018 of Consumer Forum but all in vain. The act and conduct of all the opposite parties are malafide and amounts to deficiency in service. Hence this complaint.
3. Opposite parties no.1 and 2 appeared through their counsel and filed the written reply submitting therein that admission form was submitted by complainant herself and accordingly the same was forwarded to the board, but when complainant requested for the correction in the name of her father it was told to her that the same can only be done by the office of opposite parties no.3 and 4. So, she should approach the said office. It was next submitted that there was no mistake on the part of opposite parties no.1 and 2. They always helped the complainant and rather they even requested the opposite parties no.3 and 4 to allow the necessary correction and this request was even sent to board even after the first complaint filed by father of complainant on same cause of action on the basis of which the present complaint is filed. The board refused to make necessary correction, there is no fault of opposite parties no.1 and 2. They never refused to perform their duty rather whatever they can do they have already done the same and now the present complaint has been filed by the complainant without any cause of action against opposite party no.1 and 2. The opposite parties already initiated matter in compliance with the earlier order passed by this ld.forum in the first complaint filed by father of complainant. All other averments made in the complaint have been denied and lastly the complaint has been prayed to be dismissed with cost.
4. Opposite parties no.3 and 4 appeared through their counsel and filed the written reply by taking the preliminary objections that the complaint is not maintainable because the matter under dispute does not fall within the ambit of Consumer Protection Act. The Hon’ble Forum does not have the jurisdiction to adjudicate upon the matter. This matter can be decided by the Civil Court and not by the Consumer Forum; the complaint is also not maintainable because the complainant is not the consumer within the scope of Consumer Protection Act. Moreover there is absolutely no deficiency of service of any kind on the part of opposite parties 3 and 4 and in complaint also there is no such allegation against the opposite parties and the Board has extended the period of limitation in making application for correction in the date of birth of students/names of the students and name of father/mother from one year to five years from the date of declaration of result. The complainant is advised to approach the school authority in which she is studying and the school shall apply for correction as per rules. On merits, it was submitted that as a matter of fact principal of the school has not been impleaded in the complaint. It is however not disputed that Jiya Lal D A V Public School is affiliated with the opposite parties. The opposite parties No.3 and 4 printed the name as submitted by the school in which the complainant is studying. Thus, there is no deficiency in service on the part of the opposite parties. All other averments made in the complaint have been denied and lastly the complaint has been prayed to be dismissed with cost.
5. Alongwith the complaint, complainant has filed her own affidavit Ex.C-1 alongwith other documents Ex.C-2 to Ex.C-31.
6. Alongwith the written reply, opposite parties no.1 and 2 has filed Ex.OP.1,2/1 and Ex.OP.1,2/2.
7. In the present complaint, after giving a thoughtful consideration to the pleadings and documents as put forth by counsel for both the parties, we have noticed that the dispute regarding incorrect name of SIMRAT KAUR arose in 2017 when after receiving the 10the class grade cum mark sheet the complainant got to know about the wrong spelling of her father’s name. As she had already deposited the requisite fee for correction of father’s name with the school authorities i.e. OP No.2 and OP No.2 issued receipts with correct father’s name and assured to make the correction in all relevant record. On this assurance, complainant felt relieved but she was shocked to see her 10th class grade cum mark sheet wherein the name of father was still not corrected even after getting the correction fee for the same.
8. On the perusal of file, we find that complainant first time approached the OP No.1 and 2 for correction in the spelling of father’s name of complainant in 2016 & after getting requisite fee, the monthly fee receipts were issued in the right name of father of complainant. On this, the complainant got assured that the issue is resolved. But when she got her 10th class grade sheet + certificate of performance, she was shocked to see that father’s name was still incorrect. All this caused great mental agony as well as physical harassment; because the father of complainant is already declared 50% physically handicapped by the doctors and the complainant has produced Ex.C-5 on the file to prove this fact.
9. The complainant had to file a consumer complaint in 2017 to resolve the issue as neither the School authorities nor the CBSE Board were giving any heed towards her genuine requests Ex.C-17 produced on the file is sufficient proof of the same. Ex.C-17 is the order passed by the DCDRF Gsp wherein OP No.1 stated that he is ready to forward the necessary documents to CBSE within a week.
10. It is the plea of complainant that she approached school authorities for correction in the year 2016. Authority issued correct name receipts but complainant has produced Ex.C-19 it is a letter dated 16.10.2017 written to Principal of OP No.1 wherein CBSE has clearly mentioned that the correction in the name is approved by the Board authorities and OP No.1 should deposit the requisite fee with the CBSE. But even then OP No.1 did nothing within time to get the name of father of complainant corrected. It is only after when the complainant approached this Forum, then the OP No.1 assured to do the needful and wrote a letter dated 9.7.2018 to CBSE with a deposit of correction fee ofRs.1500/-. Here the deficiency in service of OP No.1 is proved in delaying the matter.
11. Now, comes the turn of OP No.3 we would like to discuss a legal issue raised by Ops No.3 and 4 that complainant is not a consumer of OP No.3 and 4 as such the complaint is not maintainable. But on scanning the file minutely, we would like to refer document Ex.C-18 a receipt which is issued by OP No.3 to complainant Simrat Kaur. So, without any doubt, complainant is a consumer of OP No.3.
12. Another thing which OP No.3 pleaded in its preliminary objection No.3 that CBSE has extended the period of limitation in making application for correction in the date of birth of students/names of the students and name of father/mother from one year to five years from the date of declaration of result. The complainant is advised to approach the school authority in which she is studying and the school shall apply for correction as per rules. And a scrutiny of file proves that Board has issued the 12th class Grade cum Marks sheet during the pendency of complaint and that is issued with the correct name of father and same is placed as Ex.C28 to Ex.C-31 on the file.
13. All this clearly proves that both OP No. 1 and OP No.3 are responsible for the delay caused in issuing the proper name in the certificates. The complainant had to suffer a lot of mental as well as physical hardship during this period of delay. And moreover she had to knock the door of this Forum twice for getting justice.
14. It is worth-mentioning here that in the current complaint we are extremely conscious of the fact that a young girl’s education and career could be jeopardized merely due to technical or inadvertent mistake in the Class-X Certificate. The complainant wants to apply for higher studies and appear in various competitive exams in future, and also the complainant wants to go abroad for higher studies with any mistake in documents the complainant is unable to apply for IELTS. 10th Class Certificates are the basic documents for all further exams and Visa purpose; and if the same mistake continues to be perpetuated in her Class X Marks Sheet and Certificate it could also lead to drastic consequence to the complainant and impact her higher education as well as her career in India or aboard as it may create confusion and cast a cloud over her identity. So long as the identity of the complainant and her father are clear and there is no doubt as to name and identify of her father, merely mistake in records of the names cannot be perpetuated, resulting in hardship to the complainant.
15. Keeping in view the above discussion, facts and documents placed on the file, it is held that there is deficiency in service on the part of opposite parties No.1 and 3 and accordingly, the complaint of the complainant is partly accepted and further opposite party No.3 is directed to issue a corrected Class-X Grade Sheet cum Certificate of Performance to the complainant reflecting the name of her father as Niranjan Singh within 30 days from the date of receipt of copy of order. Opposite party No.3 is also directed to carryout modification in its records for future purpose including Marks Sheet and Certificate, which opposite party No.3 is going to issue for 10th Class Certificate.
16. The complainant has been harassed for a long time, hence she is also found entitled for compensation to the tune of Rs.50,000/- for mental tension, agony and pain to the complainant alongwith litigation expenses of Rs.5,000/-to be paid by opposite parties No.1 and 3 in equal shares to the complainant. Compliance of the order be made within a period of 30 days from the receipt of copy of the order, failing which the complainant will be entitled for interest @ 9% per annum from the date of filing of the complaint till realization.
17. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. The complaint could not be decided within prescribed time due to rush of work.
ANNOUNCED: (Shri Raj Singh) (Rajita Sareen)
October 15, 2019. Member Presiding Member
MK
