ANWARUL ULOOM DAY COLLEGE Vs. KHAJA HASANUDDIN

JUDGEMENT

(1.) -it is not in dispute that the 2nd opposite party, who is the appellant herein, issued original certificate through it. But as the original certificate was damaged in floods, the complainant applied along with necessary challan through the 2nd opposite party to the Intermediate Board for insurance of a duplicate certificate. It is the case of 2nd opposite party that it forwarded the application to the Intermediate Board. But the Intermediate Board did not send the duplicate certificate and, therefore, it could not hand-over the certificate to the complainant.

(2.) On the other hand, before the District Forum, the Intermediate Board took a stand that they sent the duplicate certificate by registered post on 22-10-1989 and they also gave a registered lettter No. as 622 on 25-12-1989 and also marked a copy of the letters the complainant. The letter was marked as Ex. P.6.

(3.) The District Forum relying on the said letter, held that the second opposite party received the duplicate certificate and due to its negligence, it did not hand-over to the complainant thereby the complainant suffered mental agony and also there was lot of delay. The complainant was, therefore, compelled to apply for a triplicate certificate. In these circumstances, the District Forum held that on account of the mental agony and delay caused in issuing the certificate, the 2nd opposite party shall pay an amount of Rs.3,000-00 byway of compensation to the complainant and also costs.