Decided on April 22,2010

Administrative Block Appellant


- (1.) THIS appeal by opposite parties is directed against the order dated 2.6.2009 passed by District Consumer Forum -I, U.T. Chandigarh whereby complaint bearing No.525/2009 of Gurdeep Singh, respondent/ complainant was allowed and OP University(appellant No.1) was directed to pay to the complainant a sum of Rs.50,000/ - as compensation alongwith Rs.5000/ - as costs of proceedings within thirty days from the date of receipt of copy of the order, failing which OP was made liable to pay the same alongwith interest @ 12% p.a. with effect from filing of the complaint i.e. 20.4.2009 till its actual realization.
(2.) THE parties hereinafter shall be referred to as per their ranking before the District Consumer Forum.
(3.) IN nutshell, the facts as set out in the complaint are that the complainant, a B.A.IIIrd year student of OP University, was allotted Govt. College, Sector -11, Chandigarh as his examination centre, but at the said examination centre he was not allowed to appear in examination on 1.4.2009 on the ground that the subject was not mentioned against his name in the cut list of examinees by OP No.2. However, after making repeated requests, he was allowed to sit in the examination but that too after passing of 1 hour. It was alleged that due to the act of OPs, he suffered great mental torture and turmoil as a result of which he could not perform his best in the said examination. After completing the examination, he visited OP No.1 who stated that all had happened due to small error and such errors were common. As directed by the officials of OP No.1, complainant visited OP No.2 for 3/4 days for doing the needful, but all in vain. Hence, alleging deficiency in service on the part of OPs, complainant filed complaint before the District Forum for causing him great mental tension, agony and physical harassment besides losing of an opportunity to perform well in his examination. On the other hand, the case of OPs before the District Forum was that the name of complainant did appear in the cut list issued by the University but the subjects which he opted were inadvertently omitted by the computer. It was stated that since it was English Paper being compulsory on the very first day of commencement of examination, he could have appeared in the examination under the University rules. It was also stated that as per statement of Superintendent which is annexure R -II, he was allowed to sit in the examination without any delay as alleged. On approaching the complainant , the office of OP University immediately supplied him the pasting of his remaining papers/subject and directed him to handover the same to Centre Superintendent so that he would not face any difficulty in appearing in examination in future.;

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