M.THANIKACHALAM, J. - (1.) The 1st opposite party, in CC.No.154/2007, on the file of District Forum, Theni, is the appellant.
(2.) The complainant/1st respondent, was a student of the 1st opposite party/ appellant-college, during the year 2004 to 2007. For the students studying in the 1st opposite party college, the 2nd opposite party, used to conduct examination, and issues degree certificate. The complainant, wrote 6th semester examination, during April 2007, in which he obtained 19 marks, in the internal assessment test, and thereafter he had written examination also, in the month of April 2007, for which the 2nd opposite party published the result on 14.6.2007. In the mark list, issued by the 2nd opposite party, it is mentioned as 0, for the internal examination, resulting as if the complainant failed in the examination. After repeated request, the mistake was corrected only on 1.8.2007, thereby both the opposite parties have committed negligent act, as well as deficiency in service, causing mental agony, for which the complainant is entitled to a compensation of Rs.450000/-. Hence the complaint.
(3.) The 1st opposite party, admitting the mark obtained by the complainant, in the internal examination as 19, opposed the complaint, contending that in the mark sheet, it is not mentioned as 0, that the complainant is neither a consumer, nor the 1st opposite party is a service provider, since the educational service was given to the complainant freely, and in this view, the consumer forum has no jurisdiction at all, further contending, that since they have not committed any deficiency, not answerable to the tall claim of the complainant.;