Karnataka

Chitradurga

CC/123/2017

Kum.Keerthi D/o V.Sarvanan - Complainant(s)

Versus

The Principal,Ganga Central Senior Secondary School - Opp.Party(s)

Sri.P.S.Sathyanaryanarao

06 Jun 2018

ORDER

 

COMPLAINT FILED ON:24/11/2017

DISPOSED      ON:06/06/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO: 123/2017

 

DATED: 6^th JUNE 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B., PGD., CLP  

 

……COMPLAINANT/S	Kum. Keerti, D/o V. Saravanan, Age: 17 Years, Since Minor represented by her natural guardian – Grand Father R. Veluswamy, Agriculturist, Near Tamil School, Huliyar Road, Hiriyur.   (Reptd., By Sri.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Principal, Ganga Central Senior Secondary School, Chitradurga Road, NH-4, Hiriyur-577 599.   2. The Chairman, Ganga Kaveri Vidya Vikasa Samsthe (R), Mysore, Ganga Central Senior Secondary School, Chitradurga Road, NH-4, Hiriyur-577 599.   (Reptd. By Sri. G.M. Shivakumar, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay Rs.15,00,000/- towards compensation with interest @ 12% p.a from the date of incident, Rs.1,00,000/- towards sufferings and costs and such other reliefs.    

2.      The brief facts of the case of the above complainant is that, she is studying I PUC at Hiriyur.  OP No.1 is the Principal and OP No.2 is the Chairman of the OP Institution.  It is submitted that, on 07.01.2017 the OP Institution gas conducted competitive exam named as genius of Hiriyur-2016-17 Academic year on SSLC based subjects like Science, Mathematics and English at OP No.1 Campus.  The examination was held on 07.01.2017 at 2-00 PM.  Likewise, the OPs have given publicity and entrance fee fixed at Rs.25/- and also the OPs announced that winner of Genius of Hiriyur will be awarded cash of Rs.25,000/- and also given certificate.  Further it is submitted that, the complainant has attended the examination in Genuis of Hiriyur with great Zeal and spirit and by hard work by paying Rs.25/- entrance fee to the School Authorities.  After valuation, the OP School Authorities have awarded that the complainant was succeeded in the Genius of Hiriyur and after that the OP has issued only certificate.  The OPs have not given cash prize of Rs.25,000/- as announced in the publication and they are intentionally drag on the matter by giving evasive answer.  In this regard the complainant personally approached OP No.1 and requested to give prize amount of Rs.25,000/- but, the OPs have not turned up.  This attitude of OPs will definitely lose their reputation in the society, which clearly goes to show that, there is a deficiency in service, dereliction of duties and unfair trade practice towards the complainant.  All the efforts of the complainant went in vain by receiving the cash prize amount from the OPs.  The father of the complainant has got issued legal notice to the OP on 26.10.2017 and the same has been served to the OP but, they have not replied and they have not paid the amount to the complainant.  The cause action for this complaint arose at Hiriyur which is within the jurisdiction of this Forum and therefore, the OPs are liable to pay a sum of Rs.25,000/- towards cash prize amount and Rs.20,000/- towards compensation pertains to mental agony and cost by allowing this complaint.  

3.      After service of notice, OPs appeared through Sri. G.M. Shivakumar, Advocate and filed version.   According to the version filed by OPs, the averments made in para 1 to 3 are true and it is further stated that, the OP Institution has conducted examination on 07.01.2017 named as Genius of Hiriyur-2016-17 Academic Year on SSLC based subjects like Science, Mathematics and English.  As per the announcement made by the OPs, the examination has been conducted on 07.01.2017 at 2-00 PM and it is further admitted that the entry fee of Rs.25/- was fixed for the examination.  The averments made in para 4, 5 and 6 of the complaint are denied as false. It is true that, the OPs have announced for paying the amount of Rs.25,000/- to the winner and the averments made in para 5 and 6 are false, created and concocted for the instant case and further there is no cause of action for this complaint.  It is further submitted that, on 07.01.2017, the OP Institution has conducted the competitive examination named as Genius of Hiriyur 2016-17 Academic Year.  It is further submitted that, the complainant is the topper Student in Rashtreeya Academic School, and she intentionally issued the legal notice with false contention and filed this complaint.  The result list dated 02.02.2017, the certificate issued by the OPs, the topper student letter are herewith produced.  This complainant was not succeeded in the examination and she is not a toper in the examination conducted by the O Ps and hence prayed for dismissal of the complaint.    

4.      The complainant herself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-5 were got marked and closed her side.  On behalf of OPs, one Sri. Manjunatha Sankannavar, the Principal of has examined as DW-1 by filing their respective affidavits and Ex.B-1 to B-3 documents have been got marked and closed their side.     

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, she is the topper in the examination conducted by the OPs on 07.01.2017 and entitled for cash prize of Rs.25,000/- as prayed for?

              (2)   What order?

          7.      Our findings on the above points are as follows:-

                    Point No.1:- In Negative.

                    Point No.2:- As per final order.

REASONS

8.      Point No.1:-  It is not in dispute that, the complainant has attended the examination conducted by the OP on 07.01.2017 named as Genius of Hiriyur 2016-17 Academic Year on SSLC based subjects like Science, Mathematics and English.  The examination was held on 07.01.2017 at 2-00 PM.  The OP has announced an amount of Rs.25,000/- will be paid to the topper.  Here is the case on hand that, the complainant has attended examination conducted by the OP No.1 and she has passed in the examination also.  But she is not succeeded as topper in the examination conducted by the OP and she has got first in school level as per Ex.A-5.  OPs have produced the documents as per Ex.B-1 which shows the names of first 10 students.  But in the said list the name of the complainant is not found.  In the said list one Pradeep Kumar was the topper in Taluka level as per Ex.B-2.  The OPs have obtained a letter from the said Pradeep Kumar who is the topper in the said examination stating that, he has received Rs.25,000/- from the OPs as prize amount under Genius of Hiriyur.  The OPs have not committed any deficiency in service in issuing the prize amount to the toppers.

9.      We have gone through the entire documents, affidavit. version and written arguments filed by both the parties.  It clearly goes to show that, the complainant has attended the examination conducted by the OP Institution on 07.01.2017 named as Genius of Hiriyur 2016-17 Academic Year on SSLC based subjects like Science, Mathematics and English.  The OPs have conducted examination on 07.01.2017 at 2-00 PM.  Likewise, one Pradeep Kumar. N was the topper in the examination.  The complainant is not the topper in the examination conducted by the OPs.  The documents produced by the OPs like     Ex.B-1 to B-3 shows that, the complainant has not selected as a topper in the examination conducted by the OPs.  The OPs have furnished the list of 10 students who were toppers in the examination conducted by the OPs and in the said list, the name of complainant is not found and the complainant is not the topper in the said examination.  As per the Ex.B-2, one Sri. Pradeep Kumar. N was the topper and has received certificate Rs. 25,000/- towards the prize amount.  Therefore, we come to the conclusion that, the documents produced by both parties shows that, the OPs have not committed any deficiency in service in conducting examination, announcing the result and issuing the prize amount under Genius of Hiriyur.   Such being the case, the OPs are not responsible to pay the compensation and accordingly, this Point No.1 is held as Negative to the complainant.    

  10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of C.P Act 1986 is hereby dismissed.  No order as to costs.

 (This order is made with the consent of Member after the correction of the draft on 6/06/2018 and it is pronounced in the open Court after our signatures) 

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OPs:

 

DW-1: Sri. Manjunatha Sankannavara, the Principal of OP by way of affidavit evidence.

Documents marked on behalf of Complainant:

 

01	Ex-A-1:-	Complaint dated 18.11.2017
02	Ex-A-2:-	Postal Acknowledgement and receipt
03	Ex-A-3:-	Legal Notice dated 26.10.2017
04	Ex.A-4:	Pamphlet
05	Ex.A-5:-	Certificate

Documents marked on behalf of OPs:

01	Ex-B-1:-	Result Sheet
02	Ex-B-2:-	Certificate
03	Ex-B-3:-	Letter dated 02.02.2017 by one Sri Pradeep Kumar.N

 

 

MEMBER                                                            PRESIDENT

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