Consumer complaint dismissed - chance for appeal?
Consumer Complainant
(Querist) 16 April 2018
This query is : Resolved
Consumer Complaint dismissed - Chance for appeal?
What actually the judge told me was:
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 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.
This happened in 3 dates. Fourth date my complaint was dismissed. Although I had searched for another citation where it is told that Supreme Court has not completely barred any student from approaching the consumer forum with a grievance.
What he gave in writing is as below:
My consumer forum complaint was dismissed stating that I have challenged the evaluation system of X University and X 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:
Now can I go for appeal in state consumer forum?
What is competent court of law?
Do I need to pay fees again in state consumer forum?
Do I need to make 3 sets of copies for 3 judges in state consumer forum plus one copy each for each of the opposite parties?
Or a simple letter stating the above would be sufficient in a appeal letter asking the state consumer forum to look into the matter?
Experts please reply.
Ms.Usha Kapoor
(Expert) 17 April 2018
I am of the opinion that Civil court is competent to deal with your case.In civil court recording of evidence of both the parties in detail can be made.Engage a good civil or consumer lawyer.Since no evidence is recorded of both the parties and the case is not heard on merits res judicata bar doesn't apply.
Consumer Complainant
(Querist) 17 April 2018
Madam.
In Civil Court if we file petition, notice will be sent to opposite party. Opposite party has to reply to the petitioner. Then file affidavit. I too have to file affidavit based in my petition. Then marking of documents will be done on each side. Later evidence will take place of both side turn by turn. Next cross examination of both sides. Arguments. then judgement.
In Consumer Forum also the same procedure is being followed.
There s no much change.
Now I did not understand whether I should go for appeal in state consumer forum. or should contact civil court locally seeking solution to this problem.
Kishor Mehta
(Expert) 17 April 2018
It is not clear you have termed yourself a consumer under which context? A student is termed a consumer only in context of the college fees paid for his studies, whereas he/she is not a consumer in context of fees paid for examination.
Consumer Complainant
(Querist) 17 April 2018
I have found out that there is no evaluation method in our university. The evaluation methodology adopted is oral. There is no criteria for allocation of marks to answers. This informatoin I got through RTI. Based on this reply by FAA, I filed a complaint in consumer forum stating that the uinversity has failed me purposefully.
P. Venu
(Expert) 18 April 2018
What are the reasons cited in the order dismissing the case?
Consumer Complainant
(Querist) 18 April 2018
Sir,
All my I have been meritorious student. Having won gold medals silver medals bronze medals during my 10th, 12th, degree, post graduation degree.
I am now pursuing Law in Bangalore university. I had finished my 1st year with flying colours and the same cannot be said about second year. I am I my final year now. But I am unable to complete my second year 10 subjects. Why? Nobody is ready to point out. I have already written the exams 3 times. Each time the marks are the same. I apply for revaluation, still the marks are same. I felt that the university or college does not want me to get law degree.
1st time I wrote as per instructions of my lecturers. I failed.
2n d time I reenquired with faculty and wrote again I failed.
3rd time I did same but again failed. I felt something is fishy. So I asked for evaluated answer books. Then I found that none of my answer books are corrected at all. There is no tick mark. No wrong mark. I asked about this to college management. They did not tell anything. Then I asked the same via rti to university, along with that I asked what the method of evaluation system adopted in evaluating answer books.
The answer was nothing. They are doing oral evaluation. No system in place to allot marks. Simply without any reason behind it they allot marks.
And they don’have model answers books or scheme of evaluation.
So I wrote down all this and gave complaint to consumer court.
The consumer court registered the complaint but did not send notice to any of the opposite parties which are the university and the evaluation registrar plus college management.
What the judge said was, if I send notice to opposite parties, I will have to conduct trial. As there is no evaluation system in place at all, how the university evaluated your papers cannot be ascertained at all. Hence they will have to give grace marks to you in all the 10 subjects and pass you. But why should I do this? He asked. Even my son failed. He also applied for copies, revaluation, not a mark increased or decreased. What can anybody do about it? Then he asked if I had citiations. I gave 1. He said ok. He will look into it and gave one more date. He said he wwants one more citation. I found one. But when I gave him on next date he said case dismissed. If I give orders in favor of you tmrw morning 500 complaints like yours will come and fall in my forum. I don’t have time to read the pending cases. When will I read new ones if they come in batches of 500. Like that govt will have to open 10 more forums in Bangalore to take student complaints. Then he said case dismissed. You can approach competent court.
What judge has told in order I mentioned above already.
Ms.Usha Kapoor
(Expert) 19 April 2018
Try filing an appeal to the State consumer forum on the same grounds on the basis of law as well as facts.
