DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
FAZILKA.
Complaint No. RBT/CC/177/2023 – CC/199/2022
Date of Institution: 04.08.2022
Date of Decision: 31.07.2024
Ashwani Kumar Kukkar S/o. Sh. Kashmiri Lal Kukkar, R/O. Phase-I, Civil Lines, Fazilka 152123 (Punjab).
……..Complainant
Versus
M.P. Board of Secondary Education, Shivaji Nagar, Bhopal (Madhya Pradesh) Pin-462011 through its Secretary.
……..Opposite Party
Complaint under Section 35 of the Consumer Protection Act, 2019.
Quorum: Sh. Vishal Arora, President.
Sh. Raghbir Singh Sukhija, Member.
Smt. Tajinder Kaur, Member.
Present: Complainant in person.
None for opposite party.
RBT/CC/177/2023
ORDER
(Vishal Arora, President):
Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against opposite party for seeking directions to opposite party to issue “Duplicate Marks Sheet” besides Rs.50,000/- as compensation on account of mental harassment, physical strain, inconvenience and losses etc, imposition of costs to be deposited in “Consumer Welfare Fund” due to committing unfair trade practices and award of costs amounting to Rs.11,000/- along with miscellaneous expenses to the tune of Rs.2000/-.
2. Briefly stated, the case of complainant is that he passed his Intermediate Examination from opposite party/ Board in May 1981 vide Roll No.23916 and Registration No.A-8276. It has been pleaded that unfortunately marks sheet of the above examination was kept somewhere by the complainant and he is still unable to trace it. Meanwhile, marks sheet of intermediate examination was required for getting admission in L.L.B. examination from Tantia University, Shri Ganga Nagar. After searching mail-address, the complainant sought guidance of opposite party by sending mail on 16.03.2022 around 10.09 A.M for obtaining of “Duplicate Marks Sheet”.
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Quick response was given by opposite party advising by mail around 10.54 A.M to the following effect:-
“Made Challan of Rs.400/- from UCO Bank and write an take a form counter behind UCO bank and attached copy of MS and submit on Counter”.
The complainant immediately replied around 11.17 A.M. dated 16.03.2022:-
“I am from Fazilka Punjab which is about 1200 K.M. from Bhopal, so keeping in view to send me form and advice in whose favour fee be submitted by demand draft along-with filled form. So that the same should be sent by me through post and thereafter marks sheet should be received by post etc”.
Further again quick response was given by opposite party around 12.01 P.M. by advising i.e.
“Made DD in Favor of Secretary, Board of Secondary Education Bhopal pay at Bhopal and send to Secretary Board of Secondary Education Bhopal Pin code 4622011 Account Number 02830100006001”.
As advised by opposite party, the complainant submitted his application after furnishing desired data along-with demand draft of Rs.400/- and copy of degree sheet through registered post on 17.03.2022 for obtaining of
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“Duplicate Marks Sheet”, which was duly delivered by the postal authorities to the opposite party on 23.03.2022. After lapsing of about one month, when no response was received from opposite party, then a reminder dated 22.04.2022 was sent by mail i.e.
“As per your mail dated 16.03.2022, I have submitted an application for obtaining Mark Sheet of Intermediate Examination along-with demand draft of Rs.400/- as suggested by your good self and sent the same through registered post on 17.03.2022, copy of which is enclosed herewith for your ready reference. But even after lapsing of more than one month, I have failed to receive duplicate marks sheet of intermediate examination. So I, therefore, request to your good self, please do the needful at an early, wherein I am indeed to obtain the same”.
The complainant again reminded to opposite party on 16.05.2022 by mail i.e.
“With reference to my mail dated 22.04.2022, it is my utter dismay that I have neither received any response nor received duplicate marks sheet as prayed. So I therefore again request to your good self please do the needful at early because duplicate marks sheet is required immediately to regularize admission in L.L.B. 1st Year. Hoping at an early response”,
RBT/CC/177/2023
In this sequence, reminders dated 08.06.2022 and 20.06.2022 were also sent to opposite party but to no effect. After paying fees/charges of Rs.400/-, the complainant hired services of opposite party who failed to perform its duties. Pleading deficiency in service and unfair trade practice on the part of the opposite party, the complainant has prayed for acceptance of the present complaint.
3. The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 26.08.2022, complaint was admitted and notice was ordered to be issued to the opposite parties.
- . Upon notice, the opposite party has appeared and filed written reply in the shape of letter dated 30.11.2022 along with copies of duplicate marks sheet and comments by mail dated 01.12.2022 stating that the duplicate marks sheet demanded by the complainant is annexed herewith. And the original hard copies of letter dated 30.11.2022, original duplicate marks sheet and copy of comments were received by Registered post on 07.12.2022.
5. The complainant along with the present complaint has placed on record affidavit of complainant Ex.C-1, Copies of, mails Ex C-2 to C-5, Letter dated 17.03.2022 Ex C-6, postal receipt with tracking report Ex
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C-7, Demand draft Ex C-8, Degree sheet Ex C-9 and mails/reminders Ex C-10 to Ex C-13.
6. We have heard the complainant who has argued on the same lines as per pleadings. We have also very carefully gone through the documents placed on record by the respective parties.
7. Perusal of letter dated 17.03.2022 Ex C-6, postal receipt with tracking report Ex C-7, Demand draft Ex C-8 and Degree sheet Ex C-9 clearly goes on to prove that the complainant submitted an application on 17.03.2022 for obtaining duplicate marks sheet of intermediate examination along with demand draft of Rs.400/- which was duly delivered to the opposite party. But the opposite party did not issue the duplicate marks sheet to the complainant for a long time and only dispatched the original duplicate marks sheet of complainant to this Commission on 30.11.2022 after filing of present complaint on 04.08.2022 by the complainant. So, there is an inordinate delay in providing the duplicate marks sheet despite receipt of the fees along with requisite documents from the complainant followed by numbers of mails and reminders given by complainant to the opposite party Ex.C-10 to Ex C-13 which amounts to deficiency in service and unfair trade practice and complainant suffered a lot on account of this act and conduct of the opposite
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party for which complainant is entitled to suitable compensation and litigation expenses.
8. In view of what has been discussed above, the present complaint is allowed against opposite party with Rs.5000/- as compensation for deficiency in service/unfair trade practice on the part of opposite party and harassment suffered by the complainant along with Rs.3000/- as litigation costs. The Ahlmad of this Commission is directed to handover the original duplicate marks sheet to the complainant against proper receipt and verification. The order is directed to be complied with within a period of forty five days from the date of receipt of copy of this order failing which the complainant shall be entitled to get the same executed through the indulgence of this commission. The pending applications, if any also stands disposed off accordingly. Copy of order be issued to the parties free of costs as per law. File be indexed and consigned to the record room.
ANNOUNCED IN THE OPEN COMMISSION:
31st July of , 2024
(Vishal Arora)
President
(Raghbir Singh Sukhija)
Member
(Tajinder Kaur )
Member
