ACHARYA NAGARJUNA UNIVERSITY Vs. MALLISETTY SUBRAHMANYAM
LAWS(APCDRC)-2010-4-57
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 06,2010

Acharya Nagarjuna University Appellant
VERSUS
Mallisetty Subrahmanyam And Respondents

JUDGEMENT

M.Shreesha - (1.)Aggrieved by the order in C.C.No.187/2006 on the file of Dist. Forum-II, Krishna at Vijayawada , the opposite party no.1 preferred this appeal.
(2.)The brief facts as set out in the complaint are that the complainant joined in B.Com.1st year in the year 1997 and appeared for final year B.Com in the year 2000 and passed in all subjects except 1st year English and 3rd year Audit and he applied for revaluation of both the said subjects, but the university authorities failed to announce the results in time, hence the complainant again appeared for the said two subjects in the month of September, 2000 and passed English subject of 1st year and again failed in Auditing subject of third year. The complainant again appeared the examination of auditing in March 2001 but again failed in the said subject. The complainant applied for revaluation, but the university authorities failed to send the results and when the complainant enquired about his results he came to know that he passed the auditing subject in the year 2000 March itself. Father of the complainant was working in Hanuman Sugars (Delta Sugars), Hanuman Junction, and due to ill health he applied for voluntary retirement on 1.6.2001 and he requested his office authorities to take his son into service as there is no source of income to his family and they have assured that they will consider his request. Subsequently the candidature of the complainant was rejected as he is not having the degree. Complainant submits that he was working as petrol boy in a petrol bunk at Hanuman Junction and getting a salary of Rs.1500/- per month and Rs.10/- beta. The complainant submits that as he paid Rs.250/- towards each subject towards revaluation it is the duty of university authorities to announce revaluation results before the date of collection of fees for next term examination and due to the negligent act of the 1st opposite party the complainant sustained huge loss besides mental agony. Hence the complaint seeking direction to the opposite party to pay Rs.2,50,000/- towards compensation, to pay interest @ 12% on 50,000/-, to pay damages of Rs.1 lakh and to pay costs.
(3.)First opposite party filed counter contending that the complaint is barred by Section 24(a) of the Consumer Protection Act,1986 and Limitation Act and also contended that it is the duty of the complainant to know about the result and that this opposite party is nothing to do with the loss of earning ands his employment etc. The opposite party submits that the claim of the complainant is excessive and exorbitant and there was no deficiency of service on their part and prayed to dismiss the complaint.


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