SANYAM SHARMA Vs. CHAIRPERSON & ANOTHER

JUDGEMENT

(1.) This appeal is directed against the order of District Forum Sirmaur, at Nahan, Himachal Pradesh passed in Consumer Complaint No.53/2006, dated 15.05.2009, whereby the complaint of the appellant was dismissed by holding that there is no merit in the complaint.

(2.) Facts of case as they emerge from the record are that the appellant in the present case had taken admission in Engineering College of the respondents for pursuing B. Tech. studies for the academic session 1998 -1999. It is alleged in the complaint that after clearing the papers of 1st semester, he was promoted and admitted to 2nd semester. But he could not clear some papers of previous semesters 2nd to 4th and as such he was not promoted and admitted to 5th semester. Further averments in the complaint are to the effect that other students who had not cleared the papers of 3rd and 4th semester were promoted to get admission in 5th semester, but he was discriminating arbitrarily by the respondents and it was also pleaded that poor academic environment was a major cause for the complainant and other students for not doing well in the academics. As such he had suffered loss of one precious year and as such there was deficiency of service on the part of respondents.

(3.) In this background, complaint under Section 12 of Consumer Protection Act, 1986 was filed by the appellant for claiming compensation to the tune of Rs.4,90,000/ - which was caused to him as a result of deficiency in service/unfair trade practice and for mental agony, trauma and harassment. Cost of Rs.10,000/ - was also claimed.