Karnataka

Chitradurga

CC/32/2017

B.G.Saraswathi D/o B.V.Gangadhar - Complainant(s)

Versus

Vice-Chancellor,Davangere University - Opp.Party(s)

Sri.M.Siddharaju

07 Feb 2018

ORDER

COMPLAINT FILED ON:18.03.2017

DISPOSED      ON:07.02.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 32/2017

 

DATED:  7^th FEBRUARY 2018

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

                   SRI.N. THIPPESWAMY        :MEMBER

                                 B.A., LL.B.,   

……COMPLAINANT	B.G. Saraswathi D/o B.V. Gangadhara, Age:22 Years, R/o South End Road, Kondlahalli, Molakalmuru Taluk, Chitradurga District.      (Rep by Sri.M. Siddaraju, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Vice-Chancellor  Davanagere University, Tolahunse, Davanagere Taluk and District.   2. The Principal, HPPC Government First Grade College, Challakere.   3. The Chancellor (Examination), Davanagere Uniersity, Shivagangotri, Tolahunse, Davanagere.   (Rep by Sri.P.S.Sathyanarayana Rao, Advocate for OP No.1, OP No.2 in person and OP No.3 ex-parte)

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.10,00,000/- towards mental agony and loss of her one year education and such other reliefs.

2.     The brief facts of the case of the above complainant are that, she was studying I and II Year BSc., Course in OP No.2 college.  The complainant admitted to III Year BSc., by paying fee of Rs.2,318/- on 25.06.2015.  After completion of III Semester, OP No.2 announced that, the complainant has failed in Zoology subject.  After that, the complainant applied for revaluation an after the revaluation, the complainant has got 50 marks and the OP No.2 announced that the complainant has passed in the above subject.  Again the complainant has attended the 6^th Semister in Zoology subject.  The OP No.2 first announced that she has secured 64 marks and failed.  On 18.07.2016, the complainant has applied for revaluation and after the revaluation, she has secured 99 marks.  On 01.09.2016, the OP No.2 has announced that the complainant has passed in the subject.  It is further submitted that, after completion of the BSc., Course, the complainant has applied for MSc., in Gulbarga University.  The complainant has paid Rs.520/- to get CET Examination.  By that time, the OP No.2 has announced that the complainant failed in BSc., 6^th Semester in Zoology subject.  Because of the announcement of the OP No.2, the complainant has suffered loss of one year education and mental agony.  On 03.11.2016 the complainant has send notice to the OP No.1 and 2 through her advocate.  Again on 28.01.2017, the father of the complainant also issued notice to the OP No.1 and 2, the same was served.  After service of the notice, the OPs have not settled the claim.  The cause of action for this complaint arose when the result of III Year BSc announced on 08.07.2016 and the notice has been issued on 03.11.2016 and on 28.01.2016 which are within the jurisdiction of this Forum.  Therefore, prayed for allow the complaint.

3.     After service of notice to the OPs, OP No.1 appeared through Sri. P.Sathyanarayana Rao, Advocate and filed version.  Notice to OP No.2 served in person.  The Principal of the OP No.2 appeared and filed version.  Notice to OP No.3 served but, did not turn up hence, placed ex-parte. 

4.     The version of OP No.1 is that, complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  The allegations made in para 3 to 6 are denied as false and the complainant is put to strict proof of the same.  There is no cause of action for this complaint.  The instant complaint filed by the complainant is deserves to be dismissed at threshold in view of the conduct of the complaint.  It is first and foremost principle of law that the party approaching any legal Forum for dispensation of justice must do so with clean hands.  The contents of the instant complaint would reveal that the complainant has suppressed the material facts that are extremely relevant to the adjudication of the instant complaint.  It is further submitted that, during 2013-14 the complainant was admitted to BSc., Degree course and complainant has paid Rs.2,318/- on 25.06.2015 for appearing III Year BSc., Degree Course is not concerned to the OP No.1.  Further it is alleged that, the complainant has appeared for III year semester course and OP No.2 has informed that the complainant has failed in Zoology subject and as such, the complainant has applied for revaluation of that subject and the OP No.2 infomred that, the complainant passed by securing 50% marks and afterwards, again, after completion of 6^th Semister in BSc., Course OP No.2 has informed that the complainant has failed in Zoology subject by securing 64 marks and again, the complainant has applied for revaluation and secured 99 marks in the above subject is no way concerned to this OP No.1.  Hence, prayed for dismissal of the complaint.

5.     OP No.2 has filed version and admits that, the complainant has paid admission fee in the year 2013-14 and 2015-16.  The complainant has paid only examination fee, that amount fixed by the University, the same has been remitted to the University.  The OP No.2 has run the college as per the instructions and directions of the OP No.1.  OP No.2 has no independent right to take any decision with regard to the admission and collection of fee, announcement of the result, hence, prayed for dismissal of the complaint against OP No.2. 

6.     OP No.3 did not appeared before this Forum and not filed any objections to the complaint.        

7.     Complainant has examined as PW-1 by filing affidavit evidence and relied on the documents like Ex.A-1 to A-8 and closed her side.  OP No.1 has examined one Sri. Mallikarjuna, Superintendent and never produced any documents to prove its case.  OP No.2 has not filed any affidavit or documents.

8.     Arguments heard. 

9.     Now the points that arise for our consideration for decision of above complaint are that;

(1)  Whether the complainant proves that the OPs have committed deficiency of service in settling the claim of the complainant for loss of one year education and entitled for the relief?

(2) What order?

 

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

                Point No.1:- Partly in Affirmative.

                Point No.2:- As per final order.

 

REASONS

11.   Point No.1:- The complainant has admitted to the college of OP No.2 for studying III Year BSc., in the year 2013-14 and she has paid Rs.2,318/- on 25.06.2015 and further the complainant had taken III Semester Examination in Zoology subject and after completion of the examination, the OP No.2 announced the result, the complainant failed in the above subject.  After announcement of the result, the complainant applied for revaluation in the above subject.  After revaluation, the OP No.2 has announced that she has taken 50% marks and passed in the same subject.  Again the complainant has taken 6^th Semesiter Examination in the same subject by that, time, the OP No.2 announced that the complainant has taken 64 marks and failed.  Again the complainant applied for revaluation and after revaluation the complainant has secured 99 marks and passed in the above subject.  After completion of the BSc., the complainant has written CET examination for admission to MSc.,  She has obtained MSc., seat by that time, the OP No.2 has announced that the complainant has failed in Zoology subject.  After that, the OP No.2 has announced that, she has passed in Zoology Subject by securing 99 marks.  By that time, the MSc., admission were closed.  So, the complainant has suffered loss of one year education. 

12.   According to the OP No.1, complaint filed by the complainant is not maintainable and the OP No.1 has not admitted that, the complainant has admitted to the OP No.2 in the year 2013-14 and further denied that the complainant has obtained III BSc examination in the year 2015 and further OP No.1 has denied that, the complainant has not attend the 6^th Semester examination in BSc.  OP No.2 has clearly admitted that, the complainant was admitted to the college for studying BSc., in the year 2013-14 and the complainant has paid examination and admission fee and the same has been sent to the OP No.1.  The OP No.1 has to fix the admission and examination fee.  OP No.2 was acting as per the directions and instructions of OP No.1.  As per the documents produced by the complainant, it clearly shows that, the complainant has obtained III Semester Examination and 6^th Semester Examination.  As per Ex.A-1, the OP No.2 has issued marks card on 16.02.2015 and which shows that, the complainant has secured the 42 marks in the Zoology subject and failed and after revaluation, she has secured 50 marks and passed as per Ex.A-2.  As per Ex.A-4, the complainant shows that she has secured 64 marks in Zoology.  Ex.A-5 clearly shows that, the complainant has secured 99 marks.  So, the OP No.1 and 3 have committed deficiency of service in announcing the result.  The OP No.2 is only acting as per the directions of OP No.1. 

13.   We have gone through the entire documents filed by the complainant and version filed by OP No.1 and 2.  The complainant was admitted to the OP No.2 College in the year 2013-14 for studying BSc., The complainant has paid Rs.2,318/- on 25.06.2015 for taking III Semester Examination.  After announcement of the result made by OP No.1 and 3, in the result sheet shows that, the complainant has failed in the Zoology subject.  After that, the complainant has applied for revaluation and after revaluation she has secured 50 marks and passed in the above subject.  Again in the 6^th Semester, the complainant has written Zoology examination and after announcement of the result by the OP No.1 and 3, in the result sheet shows that, the complainant has secured 64 marks and failed.  Again, after revaluation, the complainant has secured 99 marks and passed.  As per the result announced by the OP No.1 and 3, the complainant has taken CET examination for MSc.   After obtaining the CET examination, the OP No.2 has announced that, the complainant has failed in Zoology subject.  By that time, the complainant has passed the CET examination.  As per the documents, which clearly shows that, the OP No.1 and 3 have committed deficiency of service for wrongly valued the examination paper of the complainant.  The OP No.2 is acting only as per the directions of the OP No.1.  Here the OP No.1 and 3 have committed deficiency of service for wrongly valued the paper and wrongly announced the result.  Hence, OP No.1 and 3 have committed deficiency of service.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

 

 

          14.     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 partly allowed.

          It is ordered that, the OP No.1 and 3 are hereby directed to pay Rs.2,50,000/- to the complainant along with interest @ 9% p.a from the date of filing of the complaint till realization for loss of one year education.

          It is further ordered that, the OP No.1 and 3 have got a right to collect the above said amount from the valuator. 

          It is further ordered that, the OP No.1 and 3 are hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant.

Complaint as against OP No.2 is hereby dismissed.  

          It is further ordered that, the OP No.1 and 3 are hereby directed to comply the above order within 30 days from the date of this order.

            (This order is made with the consent of Member after the correction of the draft on 07/02/2018 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 OP:

DW-1:- Sri. Mallikarjuna by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Result sheet dated 16.02.2015
02	Ex.A-2:-	III Semester Marks Card
03	Ex.A-3:-	Result sheet dated 01.09.2016
04	Ex.A-4:-	Result sheet dated 08.07.2016
05	Ex.A-5:-	Result sheet dated 01.09.2016
06	Ex.A-6:-	Leal Notice dated 03.11.2016
07	Ex.A-7:-	Letter written by the father of complainant
08	Ex.A-8:-	Postal receipt and Postal acknowledgement
09	Ex.A-9:-	Letter dated 21.02.2017 by OP No.3

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

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