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IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:SUNDARGARH-I
CONSUMER COMPLAINT CASE NO.118/2009.
Sarat Chandra Seth (29 yrs.),
S/o: Roman Chandra Seth,
R/o: Kutunia Nodal U.P.School,
Kutunia,Rajgangpur,
Dist: Sundargarh,Orissa. ………………………………….Complainant.
Versus
1. Registrar (SR &E), IGNOU,
Student Evaluation Division,
Maidangarhi, New Delhi-110 068.
2. Regional Director,
IGNOU,Regional Centre,
C.I.Institutional area,
Bhubaneswar-751 013.
3. Co-ordinator, IGNOU,
Rourkela Study Centre, Code No.2103,
Govt. College, Rourkela-759 004……………………..Opp. Parties.
Counsel for the parties:-
For the Complainant Sri D.K.Naik,N.K.Naik, Advs.
For the Opp .Parties. Self.
O R D E R Dated : 25.11.09
Md. Inclab Ummar, President:-
Deficiency in service is the complaint of the complainant.
1. In brief the case of the complainant is that the complainant took his admission for B.A degree with O.P.No.1 in 2005. As per provision of IGNOU each student have to complete his assignment of each subject and have to submit in Rourkela. A student become eligible to TEE (Term End examination) only when he submit his assignment act according to the provision of O.P.No.1. A student is declared fail if he
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can not be able to secure 35% marks in all the subjects on which he has been asked to submit assignment. The complainant submitted all the assignment and become eligible to appear in TEE and passed by assignment by securing good marks. In the 2nd year of the programme B.A course the complainant submitted the assignment allotted to him in the IGNOU study centre.
In the various subjects bearing subject code(1) EPS 3 (2) ESO 12(3) ESO 14(4) PST I the O.P.No.1 declared fail (NC not competent) for examination to the complainant by simply declaring the marks of the only one assignment of FST 1.
In the third year the O.P.No.1 declared completed to the assignment provided to the complainant by reflecting the maks of two assignment of one subject ANC 1. According to the changing of the O.P.No.1 the complainant was depositing one assignment of each subject vide ANC 1(2) ESO 13(3) ESO 14(4) ESO 15, but his result has not been declared by the O.Ps for which the complainant has filed the instant dispute case with a prayer for a direction to the O.Ps to provide result and pay Rs.5,00,000/- (Rupees five lakh)only as compensation for harassment and mental agony.
2. The O.Ps. appeared through O.P.No.2 who is the Regional Director and submitted the written version wherein it has been stated that the process of assignment starts with the deposit of the assignment at the study centre. After evaluating at the study centre level the study centre send the award list to the regional centre. After entering the assignment mark/goods in the computer the soft copy is sent to the headquarters for final up gradation in the grade card.
The O.P.No.2 after receiving the assignment awards did the date entry at the regional centre and sent the award list to the headquarter on 30th August,2008. As per rule the assignment awards received before December,08 and after July,08 were considered for December,08. Term and examination for which the result was declared by 30th march,09. Due to non up gradation of assignment marks at headquarter and due to single assignment norm some delay took place. However the grade card and provisional certificate was sent to the complainant on 29th Sept,09. The university also sent the same for the second time on dt.26.10.09 and prayed for the dismissal of the case as there is no merit on it.
3. Heard the learned advocate appearing for the complainant and Regional director appearing for the O.Ps and perused the documents as filed by the parties in their support and we gone through the case in detail. It is not disputed that the complainant received his certificate after
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filing of the instant dispute case against the O.Ps . No declaring the result of the complainant in spite of submission of the fees and assignment amounts to deficiency in service on the part of the O.Ps and the O.Ps. has also admitted in its written version that there was some delay in publication of the result for which the complainant suffered from mental agony and harassment. In our opinion the complainant is to be compensated by O.Ps for harassment.
4. Thus under the circumstances we direct the O.Ps. to pay Rs.50,000/- (Rupees fifty thousand) only as compensation for harassment to the complainant within 30 days from the date of receipt of this order, failing which the O.Ps would be liable to pay 12% (twelve percent) interest on the awarded amount from the date of receipt of this order till the date of actual payment.
The case is disposed off accordingly.
Complainant is allowed.
Md. Inclab Ummar
1. S. Patel, lady Member, I Agree. President
2.S.Choudhury, Member, I Agree.
Tags: IGNOU