It clearly indicates that Santosh Kumar Sahoo, S o. Appa Rao Sahoo who took admission vide TC No.63/ dt.24.6.78 of Govt.
In the Admission Card and Provisional Certificate issued by the appellant, the date of birth of respondent No.1 was shown as 10.05.1964.
Further Santosh Kumar Pradhan was issued TC in class IX, where as Santosh Kumar Sahoo took admission at Hubback High School, G. Udayagiri in Class IX.
It was further averred that vide letter dated 27.07.1989 respondent No.2 was asked to submit the admission register for the purpose of verification of the exact date of birth of respondent No.1 but he did number do the needful and did number attend the camp organized for the purpose of checking the original documents.
Respondent No.1 pleaded that he had suffered incalculable loss because his candidature was rejected by various recruiting agencies authorities on the ground of number production of original matriculation certificate.
Respondent No.2 also denied the receipt of the companymunications sent by the appellant.
The companyclusion recorded by Deputy Secretary of the Board reads as under From the annexure 4 1 it is ascertained that TC No.63/24.6.78 had been issued in favour of Santosh Kumar Pradhan, S o. Appa Rao Pradhan of Sujeli, G. Udayagiri in class IX from Govt.
After 12 years of his appearing in the examination and more than 3 years of the return of original certificate to respondent No.2, respondent No.1 filed companyplaint under Sec.12 of the Consumer Protection Act, 1986 for short, the Act for issue of a direction to the appellant to companyrect his date of birth recorded in the matriculation certificate and also pay companypensation for mental and physical agony and loss of his employment prospects by claiming that he was a companysumer and there was deficiency of service on the appellants part.
However, in the matriculation certificate his date of birth came to be recorded as 10.05.1961.
According to the appellant, the same story was repeated when the camp was held in July 1992 in the premises of Balliguda High School and AJO High School, Phulbani.
In the companynter filed on behalf of the appellant, it was averred that instructions were issued to respondent No.2 vide letter No.7279 dated 27.11.1988 to attend document distribution centre at Phulbani but he did number companyply with the same.
In his companynter, respondent No.2 shifted the entire blame on the appellant by stating that he had forwarded the original certificate for companyrection of the date of birth along with the relevant papers but necessary action was number taken by the appellant.
Thereafter, respondent No.1 met the companycerned officers of the appellant and handed over the matriculation certificate and letter written by respondent No.2.
On 30.6.1992, the appellant returned original certificate of respondent No.1 without making companyrection and directed respondent No.2 to submit the relevant records at the certificate distribution camp for checking the date of birth of respondent No.1.
High School, Balliguda, whereas Annexure 2 reveals that Santosh Kumar Sahoo, S o. Appa Rao Sahu of Sujeli, G. Udayagir was admitted at Hubback High Schoo, G. Udayagiri on 14.7.78 in class X which totally differs from Annexure 4 1.
The District Forum also awarded companypensation of Rs.10,000 against the appellant and Rs.2,000 against respondent No.2 apart from the companyt of Rs.1,000.
Respondent No.2 is said to have written another letter dated 19.8.1998 to the appellant for making necessary companyrection in the date of birth recorded in the matriculation certificate of respondent No.1, but without any result.
After the decision of the District Forum, Deputy Secretary of the Board companyducted an inquiry to verify the companyrect date of birth of respondent No.1 and submitted report dated 31.10.1995 to the Secretary of the Board with the finding that respondent No.1 had taken admission in Class X at Hubback High School, Udayagiri on the basis of fake transfer certificate which was issued in favour of Santosh Kumar Pradhan s o Appa Rao Pradhan of Sujeli, G. Udayagiri, who had studied upto IX Class at Government High School Balliguda.
By an order dated 15.09.1995, the District Forum allowed the companyplaint and directed the appellant and respondent No.2 to carry out necessary companyrection in the date of birth recorded in the matriculation certificate of respondent No.1 and issue revised certificate within 45 days.
High School, Balliguda is a forged candidate at Hubback High School, G. Udayagiri on 14.7.78 is a forged candidate.
On its part, the appellant is said to have sent 2 3 companymunications to respondent No.2 between 1988 and 1991 requiring him to furnish the admission register and companyy of the cancelled transfer certificate for the purpose of verification of the date of birth of respondent No.1 but the latter did number respond.
Respondent No.1 appeared in the supplementary examination companyducted by the appellant in 1983 as an Ex student of G. Udayagiri Hubback High School.
S. Singhvi, J. Leave granted.
Whether the District Consumer Disputes Redressal Forum, Phulbani for short, the District Forum had the jurisdiction to entertain and allow the companyplaint filed by respondent No.1 for companyrection of his date of birth recorded in the matriculation certificate and whether the National Consumer Disputes Redressal Commission for short, the National Commission companymitted an error by refusing to companysider report dated 31.10.1995 submitted by Deputy Secretary of the appellant Board on the issue of eligibility of respondent No.1 to take supplementary examination are the questions which arise for companysideration in this appeal.
Upon receipt of the matriculation certificate, respondent No.1 companytacted Headmaster of the school respondent No.2 who is said to have assured him that he will write to the appellant for making necessary companyrection.
Further as ascertained Prafulla Kumar Das, in charge headmaster, issued TC at Govt.
So, the admission of Santosh Kumar Sahu at Hubback High School, G. Udayagiri is companypletely illegal and forged and so, the original pass certificate issued to him may please be cancelled and necessary steps in the matter please be taken.
