Recording on mobile phone
Consumer Complainant
(Querist) 16 April 2018
This query is : Resolved
The length of the title would be much longer to make it appropriate query.
However what I want to know is this.
The conversation between the consumer forum president and myself is recorded on mobile phone.
The conversation is as below:
If I given orders in favour of you, tomorrow morning 500 complaints will come and fall in my forum. I don’t have time to finish the pending cases. If 500 complaints come and fall in my forum, who has time to read all those complaints? The government should open another 10 forums in Bangalore itself with the existing 6 forums to dispose of student grievances. He also said that even his son failed and his son applied for revaluation. Neither his marks increased nor decreased, so what can be done, nothing he told. I pleaded further that let him please help me out. He told why should i help you? Whether you pass or fail or go to some other court is your lookout, not mine. He then asked if I have any citation. I had one, I gave citation stating student is consumer and revaluation of answer papers come under consumer forum.
He after two more dates dismissed my complaint giving following reasons:
My consumer forum complaint was dismissed stating that I have challenged the evaluation system of Bangalore University and Bangalore University College. By going through the reliefs sought for the complainant and the pleadings, this forum finds that this case requires detail trial by recording the evidence of both parties as if it is a regular suit, this forum being empowered with summary trial only, thereby all the questions involved in this case cannot be adjudicated in a summary trial. Hence the complaint is dismissed. The complainant is directed to approach the competent court of law necessary reliefs.
My questions are:
The entire conversation between the judge and me in recorded on my mobile phone. While the other two judges did not speak on all the dates. Only the judge sitting in the middle spoke.
The judge simply did not want to entertain my case fearing that all students like me will come and file complaints in consumer forum.
Now can I go for appeal in state consumer forum using the above conversation recorded on mobile phone?
Kishor Mehta
(Expert) 17 April 2018
(1) A student is not termed a consumer in context of the fees paid for examination.
(2) You have a right to file an appeal in the State Consumer Forum.
(3) It will not be prudent, nor will it help your cause, to refer to the recorded conversation with the Chairperson of the District Consumer Forum.
P. Venu
(Expert) 18 April 2018
Such remarks do not necessarily form part of the record. It is ideal that such remarks should not have been made; but it often happens. You can take up the matter judicially or administratively; but there cannot be any certainty as to outcome.
