Date of Filing:02/05/2011

        Date of Order:15/06/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  7^th DAY OF JUNE 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO. 849 OF 2011

Kiran Kumar P,

No.99/4, 2^nd Main,

6^th Cross, Govindarajanagara,

Bangalore-560 040.                                                            ….  Complainant.

V/s

(1) The Vice-Chancellor,

Bangalore University,

Jnana Bharathi,

Bangalore-560 056.

(2) The Principal,

K.L.E. Societies, S. Nijalingappa Degree College,

2^nd Block, Rajajinagara,

BANGALORE-560 010.                                                      …. Opposite Parties.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Parties to conduct revaluation as per the rules and inform the complainant above the result thereon and also direction to pay compensation, are necessary:-

          The complainant was a student of the second opposite party for the year 2006-2009 studied in B.Sc, CBBt there.  In the year December-2008 under register No. 06AZS70169 the complainant took the 5^th semester B.Sc, CBBt examination and he did not get the expected marks therein.  Hence he applied for revaluation of Botany-Paper-VI, Chemistry-Paper-V, Biotechonology-Paper-VI (Immunology and Animal Biotechnology) by paying Rs.460/- under the receipt No.3856 for revaluation.  On 24.08.2009 the revaluation results were announced.  The Biotechnology-Paper VI result is not announced.  The complainant made several requests several travel to the opposite parties in this regard.  Contacted the Students Grievance Cell of the opposite party No.1.  He also contacted opposite party Nos. 1 and 2 even then they have not cared to reply.  Hence the complaint.

2.       In brief the version of the opposite party No.1 are:-

The complainant is not a consumer in view of the orders passed in Revision Petition No. 1408/2005 dated: 28.10.2009 by the Honorable National Commission.  The complaint is not maintainable since the registrar has not been made as a party.  The action of the opposite parties are directed Under Section 79 of the Karnataka State Universities Act.  The opposite party No.2 has not forwarded the revaluation application of the complainant to the opposite party No.1.  All the allegations to the contrary are denied.

3.       In brief the version of opposite party No.2 are:-

          The complainant was a student of this college.  He studied in B.Sc under register No.06AZS70169 and in December-2008 he has taken examination of the 5^th semester.  In December-2008 for the 5^th semester paper-VI CBBt he has applied for the revaluation.  Totally 59 students have applied for revaluation.  All the amounts paid towards revaluation pertaining to all the students was consolidated in one DD and the DD along with the list has been sent to the university.

4.       To substantiate their respective cases the complainant, opposite party No.1 had filed their respective affidavits.  The arguments were heard.

5.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether the act of the opposite parties is deficiency in service / unfair trade practice?
2. What Order?

6.       Our findings are:-

Point (A)        :           In the Positive.

Point (B)        :           As per the final Order

                             for the following:- 

-:REASONS:-

Point A & B:-

7.      

-: ORDER:-

1. The Complaint is Allowed-in-part.
2. The opposite party No.1 is directed to get the revaluation of the complainant’s Biotechnology - Paper-VI (Immunology and Animal Biotechnology) paper as per the application dated: 28.02.2009 and pronounce the revaluation results within 30 days from today.
3. The opposite party No.1 is also directed to pay Rs.2,000/- to the complainant towards cost of this litigation.
4. The opposite party No.1 is directed to send the amount as ordered at Serial Nos.3 above through DD by registered post acknowledgment due to the complainant and submit the compliance report to this Forum with necessary documents within 45 days.
5. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
6. Send a copy of this order to both parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 15^th Day of June 2011)

MEMBER                                           MEMBER                          PRESIDENT