Complainant present in person

Opponent through Abhay Nevagi & Associates

Per : Mr. V. P. Utpat, President              Place   :  PUNE

                                     J U D G M E N T

                                       13/06/2014                                                                                                                            

          This complaint is filed by the consumer against the service provider for deficiency in service under section 12 of the Consumer Protection Act, 1986.  The brief facts are as follows,

1]       The complainant is a resident of East Kirkee, Pune – 3.  Opponent has its office at Fergusson Road, Shivaji Nagar, Pune – 4.  It is the case of the complainant that, he had taken admission to Karnataka State Open University in collaboration with Virtual Education Trust through study centre of the opponent.  He had appeared for second semester assignment on 13/5/2009 and appeared for examination on 29/6/2009.  He was surprised that his statement of marks for July 2009 has shown blank instead of any marks earned.  He has requested the opponent for rectifying the mark sheet, but the opponent has failed to issue rectified mark sheet and that amounts to deficiency in service.  Hence, the complainant has filed this complaint asking the opponents to issue rectified mark sheet and pay compensation of Rs. 2,00,000/- as well as costs of Rs. 30,000/-.

2]      The opponent resisted the complaint by filing written version.  It has denied that they have caused deficiency in service.  According to the opponent, the complainant has taken admission to Karnataka State Open University, Mysore in collaboration with Virtual Education Trust, New Delhi.  The opponent is a study centre; it has facilitate the students for admission process and for providing assistance.  It has no concern with conducting examination and issuing mark sheet.  The opponent has only obtains print out of the mark sheet and hand over the same to the complainant.  It has no connection in issuing mark sheet to the complainant or giving marks to the complainant.  It has also contended that Karnataka State Open University Virtual Education Trust are not made party to the present proceeding and hence the complaint is liable to be dismissed.

3]      After scrutinizing the documentary evidence, which is produced before this Forum, hearing the arguments of both the counsels and considering pleadings, the following points arise for the determination of the Forum. The points, findings and the reasons thereon are as follows-

REASONS    :-

4]      It is significant to note that the complainant himself has admitted in the complaint that he had taken admission in Karnataka State Open University, Mysore in collaboration with Virtual Education Trust, New Delhi.  That means, the University and the said Trust gave admission to the complainant and the opponent has only acted as a mediator for assisting the complainant for the process of admission and submitting the examination form etc.  The complainant no where stated that the opponent is responsible for taking examination and issuance of mark sheet.  In such circumstances, this Forum is of the opinion that the complainant has failed to establish that the opponent has caused deficiency in service.  In the result the Forum answers the points accordingly and pass the following order.

O R D E R 

1. The complaint is dismissed with no

order as to the costs.

                   2.       Copies of this order be furnished to

   the parties free of cost.

3.       Parties  are directed to collect the sets, which were provided for Members within one month from the date of order, otherwise those will be destroyed.