ORDER

THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.

1. This appeal has been filed by the appellants/opposite parties under section 15 read with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 against the order of the learned District Commission, Kanyakumari District @ Nagercoil made in C.C.No.50/2015, dated 17.12.2015, partly allowing the complaint.

2. For the sake of convenience and brevity, the parties are referred to here as they stood arrayed in the learned District Consumer Disputes Redresssal Commission Kanyakumari District @ Nagercoil.

3. The opposite parties suffering by an order, directing the opposite parties to issue B.Sc., Degree certificate to the complainant, and also to pay a sum of Rs.5,000/- towards compensation for mental agony and also to pay Rs.1000/- as cost to complainant in the hands of the learned District Consumer Disputes Redressal Commission, Kanyakumari District @ Nagercoil (hereinafter in short “District Commission”) have preferred this appeal before this Commission.

4. The case of the complainant’s is as follows: The complainant studied B.Sc., degree course in St.John’s College, Palayamkottai during the years 1962-1965 and passed the examination in May 1965, his registration number is 7568, the complainant applied for B.Sc., Degree Certificate on 31.05.2013, he remitted fees of Rs.900/- as per D.D.No.730606, State Bank of India University Branch on 31.05.2013 in favour of the 2^nd opposite party, he personally visited the University, met the 1^st opposite party twice and requested him to issue the certificate, clerks to whom the complainant was asked to meet showed supine indifference and did nothing to trace the file and to issue, the degree was very much needed in connection with the complainant’s visit to U.S.A and also for being presented to the Federal Bank, Nagercoil for his empanelment as Panel Lawyer, the complainant was constrained to send a letter dated 28.09.2013 to the opposite parties which was received by the 1^st opposite party, no action has been taken, the complainant issued pre suit notice on 30.11.2013 and the same was received on 15.12.2013, no action has been taken. Complainant quantitatively assesses the damages of Rs.40,000/- for the inconvenience and negligence and deficiency in service and complainant had gone over to Chennai on two occasions, visited University to make enquiries, to sensitize the importance and gravity of matter for which he spent Rs.15,000/-, hence he filed this complaint for the following reliefs.

a) To pass order for Issuance of the B.Sc., Degree certificate and to pay sum of Rs.40,000/- as damages.

b) To pass an award for Rs.45,000/- for mental agony suffered by the complainant and Rs.15,000/- for the expenses incurred by the complainant and costs of the compliant.

5. The opposite parties remained absent, the District Commission passed the ex- parte award against the opposite parties directing the opposite parties to issue B.Sc., Degree certificate to the complainant, and also to pay a sum of Rs.5,000/- towards compensation for mental agony and also to pay Rs.1000/- as cost to complainant.

6. Being aggrieved against the above order, the opposite parties challenging it filing the appeal stating that, that the complainant had received the Degree Certificate on the date of convocation which was held at University on 02.03.1970 in person. Having received the same in the year 1970, it is not understandable under what circumstance the complainant had chosen to prefer the present complaint in the year 2015 which is almost 35 years and that too suppressing the relevant fact that he had already received the degree. Once the candidate receiving Original Degree Certificate, a candidate can only apply for a duplicate certificate after filling up the prescribed form with the required documents such as an affidavit from the Notary as to loss of Original Certificate and police certificate certifying the loss of original certificate with a prescribed fee of Rs.20,