Complainant Meharvan Singh 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 make necessary correction in the mother’s name of the complainant from Jasbir Singh to Jasbir Kaur in his mark sheet and dispatch it urgently. Opposite parties be further directed to pay Rs.50,000/- as compensation for cause of mental pain, agony and harassment alongwith Rs.20,000/- as litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that he passed the senior secondary XII examination in the year 2018 with roll No.920518300667 from Gurdaspur in medical stream through its study Centre Himalaya Public School, Near Ravidass Chowk, Jail Gurdaspur and the examination centre was at HSD Girls Sr. Secondary School Geeta Bhawan Gurdaspur. He has next pleaded that the result of September-October 2018 examination was out in the month of December 2018 and in the mark sheet the mother’s name Jasbir Singh was mentioned wrongly for which he deposited the requisite fee of Rs.250/-for the correction in mother’s name from Jasbir Singh to Jasbir Kaur, but till date he has not received the mark sheet after correction in the mother’s name. He had also served a legal notice dated 16.3.2019 through registered post with request to dispatch his mark sheet with correction in mother’s name within 10 days of receipt of legal notice but all in vain. He wants to take admission in the University after 10+2 and due to non correction of mother’s name in the mark sheet by the opposite parties he would be prevented from getting admission in the university and his bright future would be in jeopardy. 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 and filed its written reply admitting therein that Meharvan Singh (complainant) bearing enrollment No.920518300667 is a learner of NIOS. He took admission for senior secondary course in NIOS in 2018 for Oct.2018 examination. His study centre is Himalaya Public School, Near Ravidass Chowk, Jail Gurdaspur. He appeared in Oct.2018 examination and result was declared in second week of December 2018. Candidate had applied correction in mother’s name through e-services from JASBIR SINGH to JASBIR KAUR. It has next admitted that correction in admission date has been made as per Annexure-A (which is place on the file). The corrected mark sheet was enclosed with the written reply for perusal of the Commission. It was also admitted that a legal notice dated 16.3.2019 received on 24.4.2019 at NIOS Regional Centre Chandigarh. It was further admitted that Candidate had applied correction in mother’s name through e-services from JASBIR SINGH to JASBIR KAUR. Candidate had not passed NIOS senior secondary examination in Oct.2018. His result is XXXX. Opposite parties no.1 and 2 has also mentioned a note stating that this institute is not a profit making or revenue earning proprietary but is an instrumentality of the government for providing education to the different sections of society. The institute therefore does not have a consumer-seller relationship with the complainant.
4. On 01.7.2019 Sh.Harish Rawat Office Asstt. appeared on behalf of opposite parties no.1 and 2 and filed written reply to the main complaint and also appeared on 15.7.2019. Sh.Satnam Singh Incharge was appeared on 15.7.2019 and thereafter, they have not come to the Commission on several dates. Lastly, on 17.9.2019, case called several times but none had come present on behalf of opposite parties no.1,2 and 3, therefore, opposite parties were proceeded against exparte.
5. Alongwith the complaint, complainant has filed his own affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-6.
6. Alongwith the written statement, opposite parties no.1 and 2 has filed Mark Statement Ex.OP-1,2/1 and legal notice Ex.OP-1,2/2.
7. We have carefully gone through the exparte pleadings of counsel for the complainant; arguments advanced by its respective counsel and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the purposes of adjudication of the present complaint.
8. The case of the complainant is that he passed Senior Secondary XII Examination in the year 2018 with the secondary XII examination in the year 2018 with the Roll No.920518300667. In the mark sheet i.e. Ex.C-3 the mother’s name is mentioned as Jasbir Singh instead of Jasbir Kaur. For the rectification of the same, the complainant deposited a sum of Rs.250/- and made various requests to the opposite parties but the opposite parties failed to rectify the same till the filing of the present complaint.
9. Ex.OP-1,2/1 is the copy of the mark sheet wherein the name of the complainant’s mother has been rectified as Jasbir Kaur from Jasbir Singh. Failure on the part of the opposite parties to redress the grievance of the complainant amounted to deficiency in service on their part and a complainant had to undergo physical as well as mental harassment.
10. In view of the aforesaid discussion, we partly allow the complaint of the complainant with a direction to opposite parties to supply the marksheet (with corrected mother’s name) to the complainant (if not already supplied). Opposite parties are further directed to pay a sum of Rs.4,000/- as compensation for the harassment undergone by the complainant alongwith a sum of Rs.4,000/- as litigation expenses. Order be complied within a period of 30 days from the date of the receipt of the certified copy of this order.
11. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Neelam Gupta)
President
Announced: (Jyotsna)
July 14, 2021 Member
*MK
