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Judgment
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. 00
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. 00 as compensation and Rs. 500 as cost of litigation. Feeling aggrieved the appellant has preferred this appeal.
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 Sec. 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.
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. 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. Bank Guarantee/fdr, if any, furnished by the appellant be returned forthwith. Appeal dismissed.
