BOARD OF SCHOOL EDUCATION Vs. BIJENDER

JUDGEMENT

(1.) This order shall dispose of two Appeals No.556 of 1995 and 743 of 1995 filed by Board of School Education, Haryana, Bhiwani challenging the orders passed by District Forum, Faridabad, as both these appeals involve common question of law -as to whether non-issuance of roll numbers and non-declaration of results amounted to a "consumer dispute" which could be adjudicated under the Consumer Protection Act or not.

(2.) According to the appellants, one Bijender son of Sohan Lal appeared in 10 + 2 examination from Government Senior Secondary School, Bahin, District Faridabad and was placed in compartment in the subject of Political Science. Thereafter he appeared in supplementary examination in September, 1992, but as he had remitted fee of Rs.40/- which was short by Rs.160/-, his roll number was not issued by the appellant-Board of School Education. After the payment of the necessary fee alongwith penalty, the result was declared on 30th June, 1993 in which the complainant was again placed in compartment in Political Science. The grievance of the complainant was, that as the non declaration of the result in time deprived the complainant from taking March, 1993 examination, it amounted to deficiency in service on the part of the appellant.

(3.) Similarly, in the second complaint filed by one Parvinder Kumar s/o Shri Raj Kumar, against the Board of School Education, the appellant-Board contends that it had not received any form on 6th December, 1993 in a registered letter from the complainant for appearing in the Matriculation Examination; hence the question of the issuance of the roll number to him did not arise. It is further contended, that if the same had in fact been despatched by the complainant then the Postal Authorities were responsible for its non-delivery and no fault lay with the Board. On that premises, it is contended that the grievance of the complainant was not a "consumer dispute", which could be adjudicated by the District Forum in the form of a complaint.