BIHAR SCHOOL EXAMINATION BOARD Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition was filed in 1997, in effect, challenging the decision of the District Forum , Begusarai (under the Consumer Protection Act, 1986, (hereinafter referred to as the Act) in case No. 57 of 1995; Shashi Kumar v. Chairman, Bihar School Examination Board, Patna.

(2.) The facts as are borne out from the very first paragraph of the order of the District Consumer Forum, which has been impugned , is that as the mark sheet of the Mathematics Paper II after re-evaluation not having been supplied, the applicant Shashi Kumar filed an application before the District Consumer Forum for compensation for Rs. 10,000/- . It was his contention that the marks in Mathematics Paper II were beyond his expectation. Thus, he applied for re-evaluation and also deposited the requisite fee of Rs 25/- against receipt No. 301362 dated 10 Sept., 1993. It is asserted that the opposite party did not re-evaluate the Mathematics Paper II so that he had to send a reminder and even then he did not receive the result of re-evaluation. The late receipt of the re-evaluated mark sheet harmed him and he could not receive admission in science class with mathematics as a subject and that his academic career had been hurt.

(3.) The District Consumer Forum noticed the defence of the opposite party made before it, that is, the Bihar School Examination Board. The submission was to the effect that the complaint itself was not maintainable as the applicant Shashi Kumar could not be a consumer within the meaning of the Act and in the circumstances, the complaint should not be entertained.