State Consumer Disputes Redressal Commission
Registrar Hpu, Shimla vs Sh. Suresh Kumar on 12 April, 2007
H H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA. Appeal No. 200/2006. Date of Decision 12.04.2007. 1. Registrar, H.P. University, Summer Hill Shimla-5, H.P., 2. Controller of Examination, H.P. University Shimla-5, H.P. . Appellants. Versus Sh. Suresh Kumar S/o Sh. Chaman Lal R/o Vill. Chail, PO Ropari, Tehsil Sarkaghat, Distt. Mandi, H.P. . Respondent. For the Appellants. Mr. Rajesh Thakur, Advocate vice Mr. Pramod Bhimta, Advocate. For the Respondent. Mr. Yudhvir Singh, Advocate. Appeal No. 338/2006. Sh. Suresh Kumar S/o Sh. Chaman Lal R/o Vill. Chail, PO Ropari, Tehsil Sarkaghat, Distt. Mandi, H.P. . Appellant. Versus 1. Registrar, H.P. University, Summer Hill Shimla-5, H.P., 2. Controller of Examination, H.P. University Shimla-5, H.P. . Respondents. For the Appellant. Mr. Yudhvir Singh, Advocate. For the Respondents. Mr. Rajesh Thakur, Advocate vice Mr. Pramod Bhimta, Advocate. Honble Mr. Justice Arun Kumar Goel, President. Honble Mr. Narinder Singh Thakur, Member. Honble Mrs. Saroj Sharma, Member. Whether Approved for reporting? Yes. Whether Reporters of Local Papers may be allowed to see the Order? Yes. O R D E R:
Justice Arun Kumar Goel (Retd.) President, (Oral) By means of this order we propose to dispose of both these appeals as both have arisen out of the same order passed by the District Forum at Mandi, in Complaint No. 179/2005, dated 17.3.2006 titled as Suresh Kumar S/o Sh. Chaman Lal Vs. Registrar, H.P. University and others.
2. Facts by and large are admitted and few facts necessary for disposal of these appeals are being noted. Suresh Kumar had appeared in BA Part III examination in March, 2004 as a regular student of Post Graduate College, Sarkaghat.
Result was declared in July, 2004. He was shown having got compartment in the subject of English. With a view to get through in this subject, he took steps to appear in supplementary examination in September, 2004. After he had submitted his examination form, University intimated him that his candidature has been cancelled. It was due to the reason that because he was successful in the subject of English and had obtained 56 marks. Due to unintentional human error he was shown to have been placed in compartment in the subject of English. His result was also declared. As having passed BA Part III, pursuant to the examination he undertook in March, 2004.
3. In this background complaint was filed by the appellant for the grant of compensation in the sum of Rs. 2 lacs with cost etc. Examination of the complaint file shows that human error is admitted by the University and in our view it rightly declared Suresh Kumar to have passed in BA Part III on the basis of examination of March, 2004, the moment error was detected.
4. District Forum below awarded compensation in the sum of Rs. 10,000/-, with litigation cost of Rs. 1000/- in favour of said Suresh Kumar. This resulted in filing of Appeal No. 200/2006 by the University for setting aside the impugned order, and Appeal No. 338/2006 for enhancement of compensation awarded by the District Forum below.
5. We have heard learned counsel for the parties and for reasons to be recorded hereinafter, are of the view that Appeal No. 200/2006 needs to be dismissed, whereas Appeal No 338/2006 needs to be partly allowed, by modifying the order of the District Forum below.
6. Admittedly one precious year of the Suresh Kumar has been wasted for no fault of his. No amount of compensation can take back the clock by one year that was wasted. To our specific query Mr. Thakur stated that, in order to get admission either in MA or to any other course where minimum qualification prescribed is graduation, a candidate placed under compartment is not entitled to admission, unless he clears his graduation examination. He however, stated that the mistake was unintentional due to bonafide human error. Further according to him, the moment it came to the notice of his client, it was immediately rectified by intimating Suresh Kumar and declaring him having passed BA Part III on the basis of examination undertaken by him in March, 2004. As such his client, i.e., University Authority acted in a most fair and just manner. If the intention was only to cause any harm to the appellant, there was hardly any need to have admitted the mistake and having declared him as successful. We very well appreciate the stand of the University, but at the same time it cannot be absolved of its responsibility to keep higher degree of carefulness to avoid situations like the one, i.e., subject matter of these appeals. Accordingly it is felt that, interest of justice will be well served if while partly allowing Appeal No. 338/2006, compensation is enhanced from Rs. 10,000/- to Rs. 50,000/- and it is ordered accordingly.
7. No other point is urged.
In view of the aforesaid discussion while dismissing the Appeal No. 200/2006 filed by the Registrar, H.P. University and another; Appeal No. 338/2006 filed by Suresh Kumar against Registrar, H.P. University and another is partly allowed, thereby enhancing the compensation from Rs. 10,000/- as awarded by the District Forum below to Rs. 50,000/-. It is ordered that this amount will be remitted by the University to Suresh Kumar S/o Chaman Lal by an account payee/not negotiable, draft/bankers cheque by or before 31.5.2007, failing which he will be entitled to interest on this amount @ 15% per annum from the date of filing of the complaint, i.e., 22.7.2005 till the date of its actual payment. It is clarified that any amount deposited by the University alongwith its Appeal No. 200/2006 shall be deducted out of Rs. 50,000/-, and interest for the release whereof Suresh Kumar will be entitled to, leaving the parties to bear their own costs.
Office is directed to place an authenticated copy of this order on the file of Appeal No. 338/2006.
All interims orders passed from time to time in Appeal No. 200/2006 shall stand vacated forthwith, and the office will make available a copy of this order to the parties free of costs as per rules.
Shimla.
12th April, 2007. (Justice Arun Kumar Goel) Retd.
President.
(Narinder Singh Thakur), Member.
(Saroj Sharma), Karan* Member.