CONSUMER DISPUTES REDRESSAL FORUM    PALAKKAD

Dated this the 28^th day of  October 2014

PRESENT: SMT. SEENA. H, PRESIDENT

              : SMT.  SHINY. P.R, MEMBER

              : SMT. SUMA. K.P, MEMBER                       Date  of filing : 13/10/2014

                                                CC /157 / 2014

Anooj K Raj, S/o.C.Natarajan,                         :        Complainant

Anugraha, Krishnapuram,

Nenmara,Palakkad- 678 508                            

(Party in person)                                                              

Vs

1. The Director,                                             :        Opposite parties

    SR College, SR Plaza,

    Alathur, Palakkad-678 541.

1. The Controller of Examinations,

Periyar University,

Govt College of Engg SO,

Salem – 636011, Tamilnadu.

O R D E R

BY SMT. SEENA.H,  PRESIDENT

Complaint in brief:

          Complainant  approached 1^st  opposite party for registering his name for BCA Degree course through distance education.  Registration was done in Periyar University, Salem.  Rs.22,000/- was paid as fees.  After BCA Degree Examination when the complainant received the statement of marks it was seen that the marks of four papers were not entered.  When informed 1^st opposite party told that the same will be issued shortly.  Thereafter complainant was selected for MCA course.  Complainant approached 2^nd opposite party for getting the statement of marks and provisional BCA certificate for admission to MCA Course.  Inspite of several  requests only statement of mark was given to the complainant.  Complainant could not join MCA course for want of provisional degree certificate.  The act of opposite parties amounts to deficiency in service on their part. Hence the complaint.

          Complaint was posted for hearing on admission regarding maintainability of the complainant.  Heard complaint.

          Hon’ble Supreme Court in Bihar School Examination Board Vs.Suresh Prasad Sinha (2009) 8 SCC 483 has held that the Statutory Board like the university are not service providers and that the examinee is not a consumer.  It is further held that the examination fee paid by the examinee is not a consideration for providing any service by the statutory board like University or examination board.

In the light of the above decision, the  complaint is found not maintainable before the forum.  Hence without going in to merits of the case, we dismiss the complaint with direction to approach Civil Court for relief.

Pronounced in the open court on this the 28^th day of October 2014

                                                                          Sd/-

                                                                   Smt. Seena. H

                                                                       President

                                                                           Sd/-

                                                                   Smt. Shiny. P.R

                                                                        Member

                                                                           Sd/-

                                                                   Smt. Suma. K.P

                                                                         Member