HARYANA SCHOOL EDUCATION BOARD Vs. AMIT KUMAR

JUDGEMENT

(1.) THE appellant -opposite party No. 1 has filed the present appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 9.6.2005 passed by the District Consumer Disputes Redressal Forum, Jind whereby the complaint filed by the respondent No. 1 -complainant was accepted.

(2.) THE facts as spelled out from the record are that Amit Kumar was studying in the Government High School Alewa -opposite Party No. 2 during the Session 2002 -2003. For appearing in the examination to be held in April 2003 his form was submitted by the Opposite party No. 2 to the opposite party No. 1 in which optional subject was mentioned as Physical Education though actually and factually he studied subject Sanskrit during the session at his school. This mistake came to his notice when he went at the examination centre to appear in examination. The mistake was brought to the notice of the Superintendent of the Examination Centre who received Rs. 50/ - as fee and allowed him to appear in the Sanskrit paper. When the result was declared and D.M.C. was issued, he was shown absent in the Physical Education subject and the marks awarded to him were withheld in the subject of Sanskrit. Thereafter Amit Kumar who is a minor, through his father as natural guardian Sh. Ram Dhari, approached the appellant and deposited Rs. 200/ - as requisite fee vide receipt No. 062573 dated 28.7.2003 for issuing correct D.M.C. showing the correct marks awarded to him in Sanskrit paper. However, no action was taken by the appellant which forced the complainant to invoke the jurisdiction of the District Consumer Disputes Redressal Forum, Jind with prayer to issue directions to the appellant to include the marks of Sanskrit paper and issue him correct D.M.C.

(3.) THE appellant -opposite party No. 1 in its separate written statement, while refuting the stand of the complainant, justified the non -issue of the DMC to the complainant as the mistake occurred due to the complainant mentioning Physical Education as optional subject which could not be changed by the Superintendent of the Examination Centre at the time of taking examination by the complainant. It was further averred by them that under the rules of the appellant -Board, the change of the subject could be made upto 28th February prior to starting exam with fee of Rs. 100/ - for which approval was to be given by the Assistant Secretary or with deposit of Rs. 200/ - within a month from the date of declaration of result with the approval of the Secretary. It was further averred that as the complainant applied for change of the subject on 28.7.2003 after the expiry of limitation period prescribed, no fault can be laid at its behest and for the reason prayed for the dismissal of the complaint with cost of Rs. 10,000/ -.