K GNANA SAMBANDAN Vs. MADURAI KAMARAJAR UNIVERSITY

JUDGEMENT

(1.) The complainant in COP No.43/2000 on the file of the District Consumer Disputes Redressal Forum, Madurai, is the appellant. His case was as follows : He joined Post Graduate Diploma in Labour Laws and Administrative Laws in the opposite party University under Distance Education for the academic year 1998-99. In the examination conducted in May 1999 he passed in Second Class. He went to Madurai from Madras where he was practising as Lawyer to collect the mark sheet in October. He sent a representation to the 3rd opposite party on 14.12.1999 to issue the mark sheet. There was no response. He sent a lawyer's notice on 19.1.2000. He went to the Certificate Section. He was told that for his Roll Number, some other lady's name was found. Even after this the mark sheet was not given. Alleging inaction and dereliction of duty on the part of the opposite parties, the complaint came to be filed for a direction to the opposite parties to issue the mark sheets after removing the difficulties in issuing the mark list and to pay Rs.50,000 as compensation for deficiency in service and for costs.

(2.) The 1st opposite party filed version and it was adopted by opposite parties 2 and 3, contending that the Consumer Protection Act was not applicable to Universities imparting education and conducting examinations.

(3.) When the matter was pending before the District Forum, on the 19th of February, 2001, the mark list of the complainant was furnished to the complainant through his Counsel. The District Forum dismissed the complaint as having become infructuous.