Date of Filing: 07.09.2011
Date of Disposal: 08.03.2013
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTAPUR.
PRESENT: - Sri S.Niranjan Babu, B.A., B.L., President (FAC)
Sri M.Sreelatha, B.A., B.L., Lady Member
Friday, the 08th day of March, 2013
C.C.No.148/2011
Between:
Smt. Thandaka Charitha,
W/o Y.Sreenivasulu,
D/o T.Anjaneyulu,
D.No.9-5-678, Kothula Gutta,
Rayadurg,
Anantapur District. … Complainant
Vs.
1. The Secretary,
Examinations Hindi Prachara Sabha,
Nampally, Station Road,
L.N.Gupta Marg,
Hyderarbad-1,
2. Sri V.Samba Shiva,
Correspondent,
SKS English Medium School,
Sai Nagar,
Anantapur … Opposite Parties
This case coming on this day for final hearing before us in the presence of Sri B.Ravi Prasad and Smt. M.Swarnalatha, Advocates for the complainant and the opposite parties 1 & 2 called absent and set exparte and after perusing the material papers on record and after hearing the arguments complainant side, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, President (FAC): - This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opposite parties claiming a sum of Rs.1,00,000/- towards loss of earnings.
2. The brief facts of the complaint are that: The complainant is permanent resident of Rayadurgam Town, Anantapur District. The complainant appeared for the examination of Hindi Sampurna Bushan held by 1st opposite party and she passed the said examination in the year 2003 March in second class, after that she appeared for the examination of Vidwan first part held by the 1st opposite party and she has passed the said Vidwan part one on March 2005 under hall ticket No.32228 and the complainant received the pass certificate to that effect from the 1st opposite party.
3. Subsequently the complainant intended to appear for the second part of Vidwan examination which was to be held by the 1st opposite party and the complainant has appeared for the said examination under hall ticket No.15492 of April 2010 under the supervision of the 2nd opposite party by taking coaching in the 2nd opposite party school under him. The complainant appeared for the examination conducted by the 1st opposite party through the 2nd opposite party by submitting application to the 2nd opposite party and the examination centre was also under the 2nd opposite party. Even after a lapse of one year the complainant has no any information about the results from either 1st opposite party or the 2nd opposite party and the complainant does not known whether she passed or failed in the said examination till now. The complainant enquired the 1st opposite party through the 2nd opposite party number of times but there was no response from the opposite parties 1 & 2. The complainant also personally met the 1st opposite party but there was no proper reply from the 1st opposite party with regard to her result whether she passed or failed. As all the attempts of the complainant became futile she has filed this complaint against the opposite parties 1 & 2 for loss of her carrier in absence the results which she has written.
4. The opposite parties 1 & 2 called absent and set exparte.
5. Basing on the above pleadings, the following points that arise for consideration are:-
i) Whether there is any deficiency of service on the part of the opposite parties 1 & 2?
ii) To what relief?
6. In order to prove the case of the complainant, the complainant has filed his evidence on affidavit and marked Exs.A1 to A4 documents.
7. Heard complainant side.
8. POINT: - The complainant had appeared for Vidwan part two examination which was held by the 1st opposite party and she applied for the said examination through the 2nd opposite party. Prior to this the complainant has completed Hindi Sampurna Bushan held by the 1st opposite party and she has passed the said examination in the year 2003 March in second class. Subsequently she appeared for the examination of Vidwan first part held by the 1st opposite party and she has passed in the said examination in March 2005 under Hall Ticket No.32228 and the complainant has received the pass certificate from the 1st opposite party in the year 2010. The complainant has appeared for Vidwan part two examination under the supervision of the 2nd opposite party. But the complainant did not receive any information whether she passed or failed in the said examination even after a lapse of one year. The complainant could not get any information with regard to her result in the said examination either from the 1st opposite party or the 2nd opposite party. Then she approached the 1st opposite party directly for which there was no proper response from the 1st opposite party. As the complainant could not no her result whether she passed or failed in the Vidwan part two examination held by the 1st opposite party in April 2010 under the supervision of the 2nd opposite party, the complainant has lost the opportunity to appear for her future studies and she has lost her most valuable time as the opposite parties did not publish her result even after her personal request made to the 1st opposite party. It is the duty of the 1st opposite party to publish the result after conducting the examination and inform the same to the complainant. The 1st opposite party should have taken necessary steps to inform her result in the said examination. When she has approached personally but there was no any information to the complainant with regard to her result whether she passed or failed or kept under withheld. If the opposite parties have furnished the complainant’s result the complainant might have continued her further studies but as the opposite parties failed to inform her result the complainant has to suffer with anxiety for the result and she has to suffer mentally as she has lost her opportunity to appear her further studies and also she lost her most valuable time. Hence there is negligence on the part of the opposite parties.
9. In the circumstances we are of the view that there is negligence and deficiency of service on the part of opposite parties which cannot be made good in terms of money as the complainant lost two years of precious time in her future studies. Hence it is liability of the opposite parties 1 & 2 to compensate for the loss as the complainant’s result was not announced even after her personal representation to the 1st opposite party through the 2nd opposite party. And in the process the complainant not only lost her future studies but also lost her future opportunities in earning. Though the complainant has claimed for a sum of Rs.1,00,000/- towards loss of earnings we are of the view that the opposite parties are liable to pay a sum of Rs.50,000/- for her mental agony and loss of future education and loss of future earnings. Though the non publishing of her result cannot be estimated in terms of money.
10. In the result the complaint is allowed by directing the opposite parties 1 & 2 jointly and severally liable to pay a sum of Rs.50,000/- towards mental agony and loss of future education and loss of future earnings and also to pay a sum of Rs.2000/- towards cost of the complaint within one month from the date of this order.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 08th day of March, 2013.
Sd/- Sd/-
LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT:
NIL
ON BEHALF OF THE OPPOISITE PARTIES
-NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex. A1 photo copy of Hall Ticket No.15492 of Vidwan part two 2010.
Ex. A2 Letter sent by the complainant to the 1st opposite party.
Ex.A3 Letter sent by the complainant to the 2nd opposite party.
Ex.A4 Postal acknowledgement signed by the 1st opposite party.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES 1 & 2
NIL
Sd/- Sd/-
LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR
