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DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
J.D. Kapoor, President and Rumnita Mittal, Member
NATIONAL OPEN SCHOOL SOCIETY - Appellant
Versus
VIPIN SHARMA - Respondent
First Appeal No. 109 of 2005
Decided on : 27-05-2008
The central legal point established in the judgment is that a service provider can be held liable for deficiency in service under the Consumer Protection Act, 1986 if their actions lead to mental agony or loss for the consumer.
Headnote:
Deficiency in Service - Consumer Protection Act - The court found the appellant school guilty of deficiency in service for not providing exam results on the internet or communicating them by post, leading to mental agony and loss for the student. The court relied on Section 2(1)(g) and Section 14(1)(d) of the Consumer Protection Act, 1986 to support its decision.
Fact of the Case:
The respondent, a student of the appellant school, suffered mental agony and loss due to the school's failure to provide exam results on the internet or by post, leading to a two-year delay in receiving the results.
Finding of the Court:
The court found the appellant school guilty of deficiency in service and directed them to pay compensation and litigation costs to the respondent.
Issues: The main issue was whether the appellant school was deficient in service for not providing exam results on the internet or by post, causing mental agony and loss to the student.
Ratio Decidendi: The court relied on Section 2(1)(g) of the Consumer Protection Act, 1986, which defines 'deficiency in service', and Section 14(1)(d) which entitles a person suffering mental agony or loss due to negligence of the service provider to reasonable compensation.
Final Decision: The appeal was dismissed, and the appellant school was directed to comply with the order to pay compensation within one month.
ORDER
J.D. Kapoor, President (Oral)- Respondent is student of the appellant school, he appeared in the examination in October/November 2003 of Economics subject for the Xth Class. The result of the examination was not given on the internet. He again appeared in March/May 2004, the result of which was also not given on the internet on account of this the respondent wasted two years. He sent a letter to appellant but no response was given by the appellant. Consequently he filed the instant complaint before District Forum seeking compensation of Rs. 5,000
2. Vide impugned order dated 25.1.2005, the complaint was allowed as the appellant was found deficient in service and was directed to pay Rs. 5,000 as compensation and Rs. 500 as cost of litigation.
3. Feeling aggrieved the appellant has preferred this appeal.
4. The District Forum has referred to a letter written by the respondent in this regard which did not evoke any response. District Forum also referred to the permission of the appellant to appear in the examination in March/May 2004 and September/November 2004. The District Forum has found the appellant rightly guilty for deficiency in service in not giving result on the internet or communicate it by post. "Deficiency in service" in term of Section 2(1)(g) of Consumer Protection Act, 1986 means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertake to be performed by a person in pursuance of a contract or otherwise in relation to any service.
5. Any person who suffers in terms of mental agony or harassment or loss or injury due to the negligence on the part of the service provider is entitled for reasonable compensation, in terms of Section 14(1)(d) of the Consumer Protection Act, 1986.
6. Foregoing reasons persuade us to dismiss the appeal being devoid of merit. The impugned order shall be complied with within one month from the date of receipt of this order.
7. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.
8. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
