BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM RAICHUR.
COMPLAINT NO. (DCFR) CC. 100/2012.
THIS THE 14th DAY OF FEBRUARY 2014.
P R E S E N T
1. Sri. Prakash Kumar B.A. LLB. PRESIDENT.
2. Sri. Gururaj, B.com.LLB. (Spl) MEMBER
3. Smt. Pratibha Rani Hiremath,M.A. (Sanskrit) MEMBER.
*****
COMPLAINANT :- Jaivardhan.J.Kadam S/o. Jitendra
M.Kadam, aged about 20 years, Occ: Student of BBM in Dr. M.S.M.N. College, Raichur.
//VERSUS//
RESPONDENT :- The Registrar (Evaluation) Gulbarga
University, Gulbarga-585 106.
Date of institution :- 10-12-2012.
Date of disposal :- 14-02-2014.
Complainant represented by Sri. S.Mallinath, Advocate
Respondent : Ex-parte.
ORDER
By Sri. Prakash Kumar, President:-
The complaint is filed by the complainant against the Respondent U/sec. 12 of Consumer Protection Act 1986.
2. The complaint in brief is that, the complainant was a student of BBM in Dr. M.S.M.N. College, Raichur. He appeared for BBM 2nd semester examination for English paper conducted by the University on 11-05-2012 with Register No. 1262355. When the results were announced on seeing the marks card the complainant was very much surprised to see the marks obtained by him in English paper. Immediately he applied and obtained for copy of answer sheet by paying required fees prescribed by the University. He was surprised to see the difference in marks that in answer sheet. In the cover page of the marks sheet the total marks obtained by the complainant was shown as 36. But the total of the marks shown on the same page is calculated it is 46 and after verification of marks in each page it found 48. Therefore the complainant applied to the University for re-totaling of the marks by paying the prescribed fee and after receipt of the prescribed fee the Respondent wrote a letter dt. 29-09-2011 stating that there is no change in the marks card obtained by the complainant. The act of the Respondent in not making necessary correction in the marks to which the complainant is entitled shows negligent attitude on the part of the Respondent towards the complainant. This amounts to deficiency in service on the part of the Respondent. Therefore the complaint seeking reliefs as prayed for.
3. On service of notice of the complaint on the Respondent when he failed to appear before this forum he was placed Ex-parte. Thereafter when the Respondent appeared through his counsel and filed an application U/order 9 Rule 7 R/W Section 151 CPC to set-aside the order placing him Ex-parte the complainant filed objection for the said application and after hearing on both sides this Forum rejected the said application holding that this forum has no power to recall its own order.
4. Complainant to prove his case filed his affidavit which is marked as PW-1 and relied on three documents which are marked as Ex.P-1 to Ex.P-3.
5. Arguments heard on complainant’s side.
6. The points that arise for our consideration are:
1. Whether the complainant proved deficiency in service on the part of the Respondent against him.?
2. Whether the complainant is entitled for the reliefs prayed for.?
3. What order?
7. Our answer on the above points are as under:
(1) In the affirmative.
(2) Partly in the affirmative.
(3) As per final order:
REASONS
POINT NO.1 :-
8. On perusal of the material evidence placed before us by the complainant it is found that the allegations made by the complainant against the Respondent are true. The complainant produced the answer sheet bearing Sl.No. 1996655 of Register No. 1262355 of English Language of BBM of 2nd Semester dt. 11-05-2012. These facts and figures found in the cover sheet of the answer book contains instructions to candidates printed with column meant for putting marks obtained by the candidate for question No. 1 to 5 are shown and as per it the candidate obtained 06, 06, 08, 08, & 18 marks respectively. This makes out to total marks of 46. But the total of the same is shown as only 36 in the said cover sheet. While going through the answer sheet written by the complainant on pages inside the marks given to the answers are in total comes to 48. However as observed above the total marks are shown as 36 only. This clearly shows that the concerned authority of the Respondent while making total of the marks obtained by the complainant wrongly shown 46 as 36 though the marks given to the answers are totally was 48. Ex.P-2 shows that even after request by the complainant for re-valuation of the marks obtained by him the Respondent negligently without actually making the re-valuation stated that there was no change in the marks obtained by the complainant. Accordingly they issued marks card as per Ex.P-3. We are astonished and surprised to observe that a person who could not make proper calculation of 6+6+8+8+18=46 is made as an evaluator of examination papers written by students and such incompetent and inefficient person are being tolerated by the Respondent’s university at the cost of life and career of the students. All these aspects clearly shows negligence and carelessness on the part of the Respondent which amounts to deficiency in service on his part. Accordingly this point is answered in the affirmative.
POINT NO.2:-
9. As the complainant has proved his case against the Respondent he is entitled for compensation for the same from the Respondent and under the circumstances of the case granting of compensation of Rs.10,000/- along with cost of the proceedings, which shall be as per final order, will meet the ends of justice. Accordingly, we answer this point partly in the affirmative
POINT NO.3:-
10. As per order below:
ORDER
The complaint filed by the complainant is partly allowed with cost.
The complainant is entitled to recover of Rs.10,000/- towards compensation for deficiency in service from the Respondent.
The complainant is also entitled to recover sum of Rs.1,000/- towards cost of the proceedings from the Respondent.
Respondent is given one month time from the date of this order for making payment of the above said amounts.
Intimate the parties accordingly.
(Dictated to the Stenographer, typed, corrected and then pronounced in the open court on 14-02-14)
Smt.Pratibha Rani Hiremath Sri. Gururaj Sri. Prakash Kumar
Member. Member. President,
District Consumer Forum Raichur. District Consumer Forum Raichur. District Consumer Forum Raichur.
