O  R  D  E  R

(By Sri A. Radha Krishna, President on behalf of the Bench)

1.         The complainant sought for declaration of his proper result for the examination he appeared for the year 2013 which was conducted by the 1^st opposite party and which result has to be announced by 2^nd opposite party and for compensation of Rs. 5,00,000/- for deficiency of service and mental agony.

2.         The allegations in the complaint in brief are that he joined the 1^st opposite party college for the B.Tech course during the academic years 2010 to 2013.  As per the results he attended all the examinations including practicals and also submitted  his project work and confirming the same marks lists was also issued by the 1^st opposite party mentioning his securing 143 marks out of 160 in the final year examination with hall ticket No. 10855A0206.  The 1^st opposite party also issued a letter in favour of 2^nd opposite party on 12.08.2013 informing they were forwarding the application with demand draft dt. 15.10.2013 for issuance of Tatkal Provisional Certificate in favour of the complainant.  A copy of the said letter was also given to the complainant by the 1^st opposite party for approaching the 2^nd opposite party.   Head of Department of the 1^st opposite party issued two separate certificates acknowledging the submission of project work and fulfillment of Degree for the sessions 2009 to 2013.

3.         The 1^st opposite party also sent a letter to 2^nd opposite party under urgent priority dated 12.08.2013 informing that they remind regarding  details submitted about the project work as complainant was waiting for joining M.Tech under P.G. Cet 2013 and requested them to take necessary action for rectification of the error and issue corrected marks memo to the complainant.  The complainant took the copy of the letter and met the 2^nd opposite party and the letter was also acknowledged by them.

4          It is also the case of the complainant that the 2^nd opposite party issued marks list to the complainant which showed he was absent in submitting his project work and so he failed in the examination.  According to the complainant due to the negligence of the 1^st opposite party he was made to suffer for the last 8 months and till today both the opposite parties did not take any care and kept him idle without pursuing the matter.  He learnt that the 1^st opposite party did not send the project work result of the complainant to the 2^nd opposite party and so 2^nd opposite party got failed him in the final year examination and thereby he lost eligibility to join P.G. Course.

5          The complainant also issued a lawyer’s notice to both the parties.  The 1^st opposite party bluntly refused to receive the same.  The 2^nd opposite party though received the notice kept silence.  He also sent a copy of the notice to the Chairman, All India College of Technical Education, New Delhi and even there was no response from them.  Thus an account of negligence and deficiency of service the complainant suffered lot mentally and as such sought compensation and also declaration as aforesaid.

6          The 1^st opposite party filed written version interalia contending there is no cause of action against them and they are not liable for the negligent conduct and deficiency of service on the part of 2^nd opposite party.  It is also their case according to complainant the 2^nd opposite party is responsible for notifying the result and the examination was conducted by them.  In fact they have done what could be done to the complainant and as such there is no negligence on their part.  It is also their case they conducted class work and all examination as per the B.Tech course structure of J.N.T.U. Kakinada.  The complainant attended examination and secured 143 out of 165 marks.  They verified facts from its records and requested 2^nd opposite party to rectify the error before the issuance of marks memo.  They also requested 2^nd opposite party for necessary corrections and issuance of marks memo along with students attendance and award lists.  It is also their version the University authorities have not complied with the request on the ground of “Samykya Andhra” agitation.

7          They further alleged that they issued Provisional Certificate and C.M.M. from the University on 04.02.2014 and they informed the matter to the complainant on phone.  But the complainant filed this complaint on 25.02.2014.  Thus they sought dismissal of the complaint.

8          The 2^nd opposite party filed its written version denying the material allegations attributed against them and according to them as per the award list dated 10.07.2013 the complainant did not appear for project work which award list was sent by 1^st opposite party to the University and column No. 6 hall ticket of the complainant was kept blank without marks duly signed by the External as well as internal examiner.  Thus as per the award list sent by 1^st opposite party the University declared result on 30.05.2013.

9          It is further case of the 2^nd opposite party they received a letter dated 12.08.2013 from 1^st opposite party with corrected award lists with marks awarded to the complainant for issue of corrected marks list as if there was mistake at the University level.  According 2^nd opposite party the same award list with blanks without marks filled up and duly certified as true copy by the 1^st opposite party was sent to them for rectification of mistakes and issuance of new award list.  Thus award list sent by 1^st opposite party at the 1^st instance without marks and another instance with marks subsequently discloses that there was mischief on the part of 1^st opposite party and cover up the latches they are shifting the burden on to the University.

10        Further according to 2^nd opposite party the letter dated 12.08.2013 sent by 1^st opposite party with two months delay along with the DD dated 15.10.2013 for issuance of Tatakal Provisional Certificate on behalf of the complainant also discloses there were latches on the part of the 1^st opposite party.  Thus according to them since the beginning there are latches on the part of the 1^st opposite party and even the deficiency of service is only on the part of 1^st opposite party.

11        It is also their case immediately on receipt of Tatkal application from the Authorities of 1^st opposite party and with in reasonable time they issued Provisional Certificate on 04.02.2014 to the college staff of 1^st opposite party.  Thus if at all there is any grievance of the complainant it is only against 1^st opposite party.  Thus they sought dismissal of the complaint.

12        Now the points for determination are:

1. Whether the complainant is entitled for declaration of his results as sought by him?
2. Whether there is any deficiency of service on the part of opposite parties?
3. If so, whether the complainant is entitled for compensation?
4. To what relief?

13. Point No.1:         Though the complainant sought declaration of his results admittedly this Forum is not a regular Civil Court where the prayer of the complainant can be entertained.  Thus this Forum is unable to accede to this prayer of the complainant for declaration of his results.  Thus this poind is answered accordingly.

14 Point No.2:          In this regard what is pertinent to note is that thought the complainant appeared for project work as he was shown as absent for project work in the marks list issued by the 1^st opposite party the 2^nd opposite party failed him in the examination.  As seen from the written version of 1^st opposite party they allege the complainant secured 143 out of 165 marks in the examination and also attended project work and they requested 2^nd opposite party to rectify error and they sought to shift the burden to 2^nd opposite party.  On the other hand 2^nd opposite party in no uncertain terms deny such allegations and on the other hand they state that it is only on sending award list by the 1^st opposite party they declared results and according to them at the 1^st instance 1^st opposite party sent award list showing the complainant was absent for project work and basing on that only they declared results but subsequently again 1^st opposite party filled the blanks in the copy of the award list and sent the same to them for rectification as if the mistake was with them. 

15        In this regard the complainant as PW1 reiterated the allegations in his chief affidavit and exhibited 9 documents which are Xerox copy of marks list, copy of letter issued by 1^st opposite party in favour of 2^nd opposite party along with Provisional Certificate, copy of letter addressed by 1^st opposite party to 2^nd opposite party, copy of attendance certificate issued by 1^st opposite party confirming his attendance for lab examinations, copy of marks lists issued by 2^nd opposite party, office copy of lawyer’s notice, refused returned cover from 1^st opposite party, acknowledgment from 2^nd opposite party and acknowledgment Chairman A.I.C.T.E., New Delhi.

16        On the other hand 1^st and 2^nd opposite parties did not produce any documents.  2^nd opposite party filed a memo along with the para wise remarks submitted by the concerned officials to the Registrar, J.N.T.U. Kakinada showing that for application for PC on behalf of the candidate in Tatkal scheme they issued the same to the office copy of 1^st opposite party on 04.02.2014.

17        According to the learned counsel for 2^nd opposite party though they issued Provisional Certificate on 04.02.2014 without verifying the same the complainant filed the complaint on 25.02.2014.  But as seen from written version of 1^st opposite party they state the P.M. and C.M. from University were received on 04.02.2014 and in turn they informed the same to the complainant on phone, but no material was produced by 1^st opposite party to buttress their contention.  There is no fault on the complainant in not approaching this Forum for redressal of his grievance.  In fact 1^st opposite party could not challenge the version of the complainant who alleges it is only negligence on the part of 1^st opposite party all these mess has been done.  Thus what is manifest is it is only an account of deficiency of service on the part of 1^st opposite party, the complainant underwent mental agony for a period of 8 months.  Thus this point is answered in favour of the complainant and against opposite party.

18.  In the result, the 1^st opposite party is directed to handover the mark list and CMM to the complainant within one month from the date of this order and also pay an amount of Rs. 1,00,000/- [rupees one lakh only] towards mental agony and deficiency of service within one month failing which, the said amount shall carry interest @9% from the date of this order till realization.

Dictation taken by the Steno, transcribed by her, corrected and pronounced by us, in open Forum, this the 24^th day of February, 2015.

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MEMBER                                                                                                               PRESIDENT

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For complainant: 

PW1:              Sri Akurathi Nagarjuna [complainant ]

For opposite parties:  NIL

DOCUMENTS MARKED

For complainant:-

Ex.A1                                     Marks list stands in the name of the complainant

Ex.A2                                     Copy of letter issued by 1^st opposite party in favour of 2^nd opposite party along with Provisional Certificate

Ex.A3                                     Copy of letter addressed by 1^st opposite party to 2^nd opposite party

Ex.A4                                     Copy of attendance certificate issued by 1^st opposite party confirming his attendance for lab examinations

Ex.A5                                     Copy of marks lists issued by 2^nd opposite party

Ex.A6                                     Office copy of lawyer’s notice,

Ex.A7                                     Refused returned cover from 1^st opposite party

Ex.A8                                     Acknowledgment from 2^nd opposite party

Ex.A9                                     Acknowledgment Chairman A.I.C.T.E., New Delhi.

For opposite parties:-       NIL

Sd/- xxxx                                                                                                               Sd/- xxxxxxx

MEMBER                                                                                                               PRESIDENT.