STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO. 718 OF 2016

        (Against the judgment/order dated 09-03-2016 in Complaint Case

               No. 03/2014 of the District Consumer Forum-II, Lucknow )

Shobit Maurya

S/o Shri Prem Maurya

R/o Mauryapuram

Faizullaganj, Lucknow.

                                                                     ...Appellant/Complainant

                                                     Vs.

1. Shyam Sunder Inter College

Faizullaganj, Lucknow

Through Principal

2. Bhagwan Bux Singh Inter College

Bandha Road, Faizullaganj

Lucknow

3. Madhyamik Shiksha Parishad

Allahabad, U. P.

Through Secretary 

        ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :       None appeared.

For the Respondent     :                   -

Dated : 08-07-2016

                                                  JUDGMENT

       MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)                                                         

        This is an appeal filed by complainant Shobit Maurya under Section-15 of the Consumer Protection Act 1986 hereinafter referred as Act against the judgment and order dated 09-03-2016 passed by District Consumer Forum-II, Lucknow in Complaint No. 03/2014 Shobit Maurya V/s Shyam Sunder Inter College and others.

        None has appeared for appellant to press this appeal. We have perused the memo of appeal as well as impugned order and copy of complaint annexed with the appeal.

Vide impugned order dated 09-03-2016, the District Consumer Forum has dismissed the complaint in default of appellant/complainant.

In brief, according to complaint, version of complainant is that he

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passed 9^th class from Shyam Sunder Jamunadeen Inter College, Faizullaganj, Lucknow and took admission in Bhagwan Bux Singh Inter College, Faizullaganj, Lucknow in class 10^th. Thereafter he filled-up the form for High School Examination-2014 but no admit card was issued to him. He approached Principal of Bhagwan Bux Singh Inter College, Faizullaganj, Lucknow who wrote to Additional Secretary, Madhyamik Shiksha Parishad, Allahabad. Thereafter complainant was informed by Principal of Bhagwan Bux Singh Inter College that his form has been rejected by Board because Shyam Sunder Jamunadeen Inter College, Faizullaganj, Lucknow has also submitted form of complainant for high school examination.

In view of above facts, the complainant has prayed for compensation of Rs.1,00,000/- with interest @ 18% from February, 2014 to date of actual payment. He has further prayed compensation of Rs.1,00,000/- for physical and mental harassment.

The facts mentioned above show that the dispute raised by complainant is not a consumer’s dispute. The candidate is admitted in examination by Board in exercise of its statutory function.

In 4(2009) CPJ 34 (SC), Civil Appeal No.3911/93 dated 04.09.2009, Bihar School Examination Board V/s Suresh Prasad Sinha Hon’ble Supreme Court, New Delhi, has considered this issue and has held as under :-

        “When the examination Board conducts an examination in discharge of its statutory function, it does not offer its’ services’ to any candidate. Nor does a student who participates in the examination conducted by the Board, hires or avails of any service from the Board for a consideration. On the other hand, a candidate who participates in the examination conducted by the Board, is a person who has undergone a course of study and who requests the Board to test him as to whether he has imbibed sufficient knowledge to be fit to be declared as having successfully completed the said course of education; and if so, determine his position or rank or competence vis-a-vis other examinees. The process is not therefore availment of a service by a student, but participation in a general examination conducted by the Board to ascertain whether he is eligible and fit to be considered as having

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successfully completed the secondary education course. The examination fee paid by the student is not the consideration for availment of any service, but the charge paid for the privilege of participation in the examination.”

In view of above, we are of the view that the dispute raised by appellant in complaint is not covered with consumer dispute defined in Section 2(1)(e) of the Act. Therefore, the admission of appeal filed by appellant/complainant shall be a futile exercise and wastage of time.

In view of above, we hereby dismiss the appeal filed by appellant/complainant.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                                         ( JUSTICE A H KHAN )

                                                                                                          PRESIDENT

                                                                                          ( SMT. BAL KUMARI )

                          MEMBER

          Pnt.