SREEDHARAN NAIR N Vs. REGISTRAR UNIVERSITY OF KERALA

JUDGEMENT

(1.) This appeal is directed against the order of the Kerala State Consumer Disputes Redressal Commission dated 5th May, 1994 in Complaint No. 79 of 1992 The brief facts of the case are that the appellant was complainant before the State Commission. The appellant was an evening-class regular student of three years LL.B. course in the Kerala Law Academy Law College, Peroorkada, Thiruvananthapuram during the years 1987-90. He completed the course after paying the full tuition fee and other fees in the college as well as the examinations fee of all the three years to the University of Kerala. He was declared pass in all 1st, 2nd and 3rd LL.B. examinations conducted by the University of Kerala with Registered Nos.701 (1987- 88), 1669 (1988-89) and 2938 (1989-90). The complainant submitted an application on 9.11.1990 with necessary fees to the University of Kerala for obtaining Provisional LL.B. Degree Certificate. According to the appellant, the University failed to supply the certificate. By a letter dated 23rd July, 1991, the University. informed the appellant that the qualifying examination passed by him (i.e. the B.G.L. Degree Examination of the Mysore University) on the basis of which he had undergone the LL.B. course in the Kerala Law Academy Law College, had not been recognised by the University. The question of regularisation of the LL.B. examination taken by him and issuing of provisional certificate etc. of the same to him could be considered only on recognition of the qualifying degree awarded to him by the Mysore University. The question of recognition of the B.G.L. Degree of the Mysore University was still under the consideration of the University.

(2.) The grievance of the complainant was that the opposite party had caused extraordinary, unreasonable and unfair delay in the matter of issuing of certificate for which fees had been remitted. The appellant was deprived of opportunity to gainful occupation by indifferent functioning of the opposite party. In these premises, a prayer was made that the appellant may be awarded Provisional Degree Certificate of LL.B., and a compensation of Rs. 5 lakhs for the loss of earning and mental agony suffered which is split up as under :

(3.) The opposite party submitted before the State Commission that the Examination Coordination Committee at its meeting held on 7.1.1994 recommended to refer the matter to Academic Council. The State Commission disposed of the complaint with the following observations :