Ld. Advocate(s)
For Complainant: Arpita Ball
For OP/OPs : None
Date of filing of the case :08.03.2021
Date of Disposal of the case : 02.06.2023
(2)
Final Order / Judgment dtd.02.06.2023
Complainant above named filed this complaint against the aforesaid opposite party u/s 35 of the Consumer Protection Act, 2019 praying for direction upon the OP for correction of Admit Card and Certificate, compensation amounting to Rs.50,000/- cost of the case and other reliefs.
He alleged in the petition of complaint that in the month of April, 2018 complainant collected hall ticket for online admission. Thereafter, he uploaded his Matriculation Admit Card, Marksheet and Certificate scan copy at the time of admission and OP had confirmed the admission of the complainant with proper Matriculation of document. Thereafter, OP issued one document mentioning the name of complainant as Pabai Kumar Roy instead of Probal Kumar Roy. OP did not make the correction over the aforesaid document inspite of request of the complainant. Complainant took the shelter of helpline no.18001809393 and they advised to contact with Regional Centre at Ranchi. Complainant tried to contact on several times before the Regional Centre, Ranchi over phone in their helpline no.60512217030. But they did not pick up the complainant’s phone call. Thereafter, complainant passed out by facing examination in October, 2018. Hence, this case.
Case is running ex-parte against OP vide order no.7 dated 27.06.2022.
Trial
During trial complainant filed affidavit in chief.
DOCUMENTS
Complainant produced the following documents Viz:-
- Xerox copy of Marksheet of senior Secondary School Examination October, 2019...........(One sheet)
- Xerox copy of proforma for correction intimation record.......(One sheet)
- Xerox copy of Student Identity Card........(One sheet)
- Xerox copy of Aadhar Card.........(One sheet)
- Xerox copy of affidavit ..........(One sheet)
- Xerox copy of Madhyamik Admit Card.........(One sheet)
- Xerox copy of grievance details...........(Three sheets)
Brief Notes of Argument
Complainant files BNA.
(3)
Decision with Reasons
We have carefully gone through the petition of complaint, affidavit in chief filed by the complainant, documents filed by the complainant and BNA filed by the complainant. These are considered as we do not find any reason to disbelieve these documents.
On perusal of Student Identity Card issued by OP, we find that name of complainant has noted as Probai Kumar Roy.
On perusal of document of proforma for correction in admission record, we find that by the said document it was requested to correct the name of the complainant.
On perusal of grievance details, we find that on 22.12.2020 grievance of the complainant has noted. In the said grievance it has noted that name of the complainant has described as Pabai Kumar Roy instead of Probal Kumar Roy.
Complainant in his affidavit corroborated the aforesaid grievance on oath. It is nothing but unchallenged testimony so we do not find any reason to disbelieve the same. Moreover, Ld. Adv. for the complainant argued before this Commission that it is a very little matter but in spite of so many correspondence, OP did not make correction in the document of the complainant as a result complainant is suffering with mental pain and agony.
On perusal of record, we find that complainant is the consumer and OP is a service provider.
Having regard to the aforesaid discussion we are of the firmed view that complainant has able to established his grievance by sufficient documents.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against the OP with cost of Rs.3,000/-(Rupees Three thousand) to be paid by OP in favour of the complainant.
OP is directed to make correction in the documents issued by him in favour of the complainant after considering the necessary documents of the complainant within one month from this date, failing which complainant shall have liberty to put this order into execution.
(4)
OP is further directed to pay Rs.5,000/-(Rupees Five thousand) as compensation in favour of the complainant within one month from this date, failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as frees of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
........................................
MEMBER
(NIROD BARAN ROY CHOWDHURY)
