M.THANIKACHALAM, J. - (1.) The complainant is the appellant.
(2.) Case of the complainant: The complainant completed the first year B.com course in Muthu Arts College, Harur. Thereafter she shifted her course of status to Periyar Institute of Distance Education, Salem, run by the 2nd opposite party, and had joined in the first opposite party study centre, recognized by the 2nd opposite party. She joined in B.Com 2nd year, for the academic year 2004-2006, paying necessary fees, for writing the examination, starting from 3.7.2005 on 15.7.2005, and she wrote the examination at Arts College at Krishnagiri. The result for the said examination were published, and the complainant?s name did not figure in the candidate list, and the mark sheet of the complainant, for the 2nd year B.com also not dispatched to the 1st opposite party, by 2nd opposite party. Meanwhile, the complainant wrote 3rd year examination also for which the complainant got the mark sheet from the 1st opposite party. But, the complainant has not so far got the mark sheet for the 2nd year B.Com examination, and the reason is not explained. The 2nd opposite party having collected the fees, bound to issue mark list, and non issue of the mark sheet darkened the future education of the complainant, causing mental agony, for which the complainant is entitled to compensation. Thus alleging deficiency of service, a consumer complaint was filed, seeking direction against the 2nd opposite party, to issue second year B.com course mark sheet, as well as directing the 2nd opposite party to pay a sum of Rs.50000/- as compensation.
(3.) The 2nd opposite party denying various averments in the complaint, resisted the case, contending that at the time of the examination, the complainant could have mistakenly given the incorrect registration number, and therefore, non-publication of the result cannot be taken as negligent act or deficiency of the 2nd opposite party, and the complaint as such is not maintainable, praying for the dismissal of the complaint.;