Decided on October 14,2004



- (1.) O . P. is the appellant who has preferred the appeal against the order dated 13.10.1998 passed by District Manager, Madhubani in Complaint Case No.18/1998 whereby and whereunder the appellant (O. P.) have been ordered to give appropriate marks in the Hindi paper to the complainant's son on average basis, then declare his result and further directed to pay Rs.10,000/ - to the complainant (respondent) by way of compensation and Rs.100/ - as cost of litigation.
(2.) THE brief fact of the case is that complainant alleged that his son namely Utpal Kumar Mishra appeared in 1997 (annual) examination conducted by Bihar School Examination Board having Roll No.096 and Code No.6208 but he was declared to have failed as he secured only 20 marks in Hindi paper. The complainant was not satisfied with the marking of his son in Hindi paper and applied for re -evaluation in the Hindi subject and he deposited Rs.25/ - as a requisite fee for the same. It is also the case of the complainant the Headmaster of the school in which his son was reading was also not satisfied with the marking in the Hindi paper and in his view the examiner was under wrong impression that full mark in Hindi paper was only 50. Therefore, the Headmaster of the school had sent letter No.81 dated 11.9.1997 to the O. P. -appellant for re -examination of the copies of Hindi paper. But even after waiting for several months the Hindi paper was not scrutinized or re -evaluated by the Board nor any reply was given to the complainant. Being aggrieved, the complainant filed the case before the District Forum.
(3.) BEFORE the District Forum the O. P. -appellant raised the question of maintainability of the case under the Consumer Protection Act and both the parties were heard on the preliminary issue and the Forum held by order dated 28.7.1998 that the case was maintainable and thereafter both the parties were heard and the impugned order was passed. The District Forum held that O. P. -appellant have not paid any heed to the request of the complainant even after he deposited Rs.25/ - the required fee for re -evaluation of the paper. The appellant also did not consider the letter of the Headmaster of the institution dated 11.7.1997 in which he had made request for re -examination of the Hindi paper as he was under impression that under some confusion the marking in this paper has been done by the examiner because many boys had failed in Hindi paper who secured less than 30 marks when in other papers they have secured high marks including first division mark. The District Forum did not accept the contention of the appellant that when the order of re -examination was passed by the Board it was found that Hindi paper of the complainant's son was missing from the bundle due to connivance of the complainant who is a lecturer in Botany in the local college. The District Forum held that it amounts to deficiency on the part of the appellant and passed the impugned order.;

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