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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