24-12-2009 Present : Complainant in person<br /> <br /> Heard complainant in person.<br /> <br /> Allegations of the complainant are :<br /> <br /> That he was issued M. Com certificate in June, 2009 after a period of six years whereas he has appeared in the examination in session 2001-2002 and 2002-2003 and the certificate did not reflect correct marking. <br /> That complainant was failed by two marks only in that examination.<br /> That he applied for revaluation for declaring him pass in that examination but that too has not yielded any result though a period of seven years have passed since then.<br /> That he was failed intentionally in the examination and that his application for revaluation was not entertained as the opposite parties demanded more fee.<br /> That he visited University, 22 times, but the authorities dirized his application for considering his case.<br /> That he made complaints to various authorities including Prime Minister, President of India, CBI, President of USA and other authorities for the redressal of his grievances, but without any result.<br /> That he also got news published in the Daily News Papers<br /> regarding the high handedness of the authorities on the advice of present Chief Minister Sh. Parkash Singh Badal, that too did not yield any result.<br /> That he filed a civil suit and Sh. Mohit Bansal, learned Civil Judge, willfully dismissed his suit.<br /> On the basis of above deficiencies, the opposite parties should be directed to issue him M. Com certificate with 80% marks or in the alternative pay him a compensation of Rs. 45.00 Lacs with Rs. 15,000/- as cost and Rs. 15,000/- as compensation for his mental harassment.<br /> The complainant has been heard in detail for the purpose of entertaining and adjudicating his complaint on merits.<br /> The following law laid down in Bihar School Examination Board Vs. Suresh Prasad Sinha (Supreme Court )(CP) P. 1057. However, militate against entertaining and adjudicating such complaint “Held that the Board is a statutory authority. Its function is to conduct school examination. This is its statutory function. This function involves holding periodical examination, evaluating answer scripts, declaring results and issuing certificates. These are different stages of a single statutory non-commercial function. It cannot be divided as partly statutory and partly administrative. Examination fee paid for the examination is not a consideration for availment of any service, but a charge paid for the participating in the examination. Held, the Board is not a service provider nor the student who takes the examination a 'consumer'. Consequently, the complaint against the Board will not be maintainable. Appeal allowed. Impugned orders of the Forums set aside.” Therefore, in this view of the matter, the complaint is to be dismissed in limine.<br /> Still another ground is also a hurdle in the way of entertaining and adjudicating this complaint because pecuniary jurisdiction of this Forum to entertain and try a complaint is Rs. 20.00 Lacs whereas the complainant has claimed Rs. 45.00 Lacs as compensation.<br /> The matter does not end with above observations. As per the allegations of the complainant cause of action has arisen to the complainant in 2003. He filed this complaint on 08-12-2009. There is nothing on record to show that the opposite parties had responded to his communication since 2003 onwards/ during all these years. Therefore, cause of action arisen to him in the year 2003, is not recurring. Period of limitation for such a complaint before Consumer Forum is two years under Section 24-A of the Consumer Protection Act, 1986. Therefore, complaint is time barred.<br /> There is still another stumbling block in the way of entertaining and adjudicating this complaint. As per his own pleading, the complainant had filed a civil suit on the same cause of action against the same party and for the same relief in the court of Sh. Mohit Bansal, learned Civil Judge, Bathinda, who had dismissed it. Therefore, this complaint is not maintainable.<br /> In view of the findings recorded above, this complaint is not <br /> maintainable at all and accordingly it is hereby dismissed in limine.<br /> <br /> Copy of this order be issued to the party concerned free of costs. <br /> <br /> File be consigned.<br /> <br /> <br /> <br /> Member President