NCDRC

NCDRC

FA/396/2007

SRI MOHAMMED ABDUL HAI - Complainant(s)

Versus

THE DIRECTOR & DEAN INSTITUTE OF ARMAMENT OF TECHNOLOGY - Opp.Party(s)

S.S.SONWALKAR

11 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL NO. 396 OF 2007
 
(Against the Order dated 04/06/2007 in Complaint No. 10/1996 of the State Commission Andhra Pradesh)
1. SRI MOHAMMED ABDUL HAI
H NO 23-1-689/4
MOGHAL PURA
HYDERABAD
...........Appellant(s)
Versus 
1. THE DIRECTOR & DEAN INSTITUTE OF ARMAMENT OF TECHNOLOGY
GRINAGAR PUNE
MAHARASTRA
MAHARASTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Appellant :
FA/396/2007
For the Appellant : Mr. S.S. Sonwalkar, Advocate
FA/497/2007
For the Appellant : Mr. Adkar M.D., Advocate
For the Respondent :
FA/396/2007
For Respondent : Mr. Adkar M.D., Advocate
FA/497/2007
For Respondents : Mr. S.S. Sonwalkar, Advocate

Dated : 11 Feb 2013
ORDER

By the impugned order State Commission has directed the Registrar, University of Pune to pay a sum of Rs.25,000/- to complainant Mohammed Abdul Hai for delay in announcing the result of M.Tech First Semester Backlog Examination. Aggrieved by the order passed by the State Commission, complainant has filed First Appeal No. 396 of 2007 seeking enhancement of compensation whereas University of Pune has filed First Appeal No. 497 of 2007 seeking quashing of the order. Since both the appeals are directed against the same order passed by the State Commission, we dispose of the appeals by a common order. Complainant had filed the complaint before the State Commission alleging delay in declaring the result and interpolation of marks, which resulted in his losing excellent job opportunities to go abroad. State Commission allowed the complaint in part and directed the University to pay a sum of Rs.25,000/- by way of compensation. We need not go into the other details as the point in issue is squarely concluded by a judgment of the Supreme Court of India in Bihar School Examination Board v. Suresh Prasad Sinha [(2009) 8 SCC 483], in which they have held that declaration of results and holding of examinations is a statutory duty of University and, therefore, the University does not offer its ervicesto any student in the discharge of statutory function. No complaint is maintainable under the Consumer Protection Act, 1986 against the University for any deficiency in declaring the results and related matters. In view of the above, counsel for the parties agree that the point in issue is concluded by the aforesaid judgment and the complaint filed by the complainant against the University is not maintainable under the Consumer Protection Act, 1986. In view of the fact that complaint is not maintainable, First Appeal No.396 of 2007 filed by the complainant seeking enhancement of compensation is dismissed and First Appeal No. 497 of 2007 filed by the University of Pune is allowed. Order of the State Commission is set aside and the complaint is ordered to be dismissed as not maintainable. However, liberty is reserved with the complainant to seek redressal of his grievance in any other competent court having jurisdiction. No costs.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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