SECRETARY BOARD OF MATRICULATION EXAMINATION Vs. SRC BHANDARI

JUDGEMENT

(1.) The writ petition has been filed against the award passed by the District Consumer Disputes Redressal Forum, Chennai.

(2.) The first respondent is the father and the second respondent is the son. On 9.9.1999, they have lost Matriculation Examination Mark Sheet while they were travelling in a bus at Anna Nagar, Chennai. The second respondent filed a complaint on 10.9.1999 before the Inspector of Police, K-4 Police Station, Anna Nagar, and the said Inspector of Police gave a certificate dated 18.9.1999 to the effect that inspite of their best efforts, they could not trace out the missed certificate and the complaint had been treated as untraceable. Thereafter, it was published in the official Gazette about the missed certificate. Subsequently, the 2nd respondent applied for duplicate copy of the Certificate and paid a sum of Rs.102/- towards the fee payable for issuance of such certificate. Inspite of the fact that he paid necessary fee, he was not given the duplicate copy of the Certificate as requested but when enquired on 12.9.2000, the 2nd respondent was directed to produce a certificate from the Head Master of the School, and that was also complied with. Even then, the duplicate copy of the Certificate was not issued and the authorities were asking one or the other particulars which were not necessary. Thereafter, They also asked for a certificate from the revenue authorities. Finding that the authorities were not giving the duplicate copy of the Certificate as requested by them, the respondents herein filed a complaint before the District Consumer Redressal Forum at Chennai. They also claim compensation of Rs.5,00,000/- (Rupees five lakh only) for the mental agony and grief suffered by them for the non-issuance of the duplicate copy of the certificate, and also for the 2nd respondent having lost a prospective employment in USA. Such compensation was calculated at Rs.2,00,000/- for the first respondent and Rs.3,00,000/- for the second respondent. The District Consumer Disputes Redressal Forum, Chennai passed an award granting Rs.5,00,000/- (Rupees five lakh only) towards compensation as claimed by the complaints/respondents herein.

(3.) Aggrieved by that order, the present writ petition has been filed by the Department on the ground that the said Redressal Forum has no jurisdiction to decide the case of the complainants/respondents herein since they are not the consumers and what is rendered by the petitioners herein are not "service" within the meaning of the Consumer Protection Act and therefore, the order passed by the Redressal Forum is illegal and without any jurisdiction.