| ORDER | | BEFORE THE DISTIRCT CONSUMERS FORUM AT KHAMMAM Dated this, the 28th day of January 2011. CORAM: 1. Sri Vijay Kumar, B.Com, L.L.B., President 2. Sri R. Kiran Kumar, B.Sc., L.L.B., Member C.C.No.87/2010 Between: Resu Krishna, S/o Late Resu Bhadraiah, Age:39years, Occu:Plastic Utensil Vendor, R/o H.No:4-5-21, Saibaba Temple Road, New Bazar, Mahabubabad, Warangal District. …. Complainant. And 1. The Correspondent, Century High School, Near Jammibanda Park, Khammam Town and District. 2. D.V.S. Prabhakar, The Director, Century High Profile School, Rotary Nagar, Khammam. 3. Latha Madhavi, The Principal, Century High Profile School, Rotary Nagar, Khammam. …Opposite parties. This C.C. is coming on before us for final hearing in the presence of Sri Syed Amzad Pasha, Advocate for complainant, Sri M. Hanumantha Rao, Advocate for opposite parties No.1 to 3; upon perusing the material papers on record; upon hearing the arguments and having stood over for consideration, this forum passed the following: ORDER (Per Sri R. Kiran Kumar, Member) This complaint is filed u/s.12-A of Consumer Protection Act, 1986. The averments made in the complaint are that the complainant is resident of Mahabubabad, Warangal District and he is doing Plastic Utensils business. The son of the complainant by name Resu Anwesh has studied in the opposite party School for the academic year from 01-06-2006 to 05-04-2009 for the classes VIII, IX and X. And further submitted that as per the school fee, the student have to pay Rs.18,000/- per year for the tuition fee and the Hostel fee, accordingly the complainant paid entire fees for the classes of VIII and IX and for the academic year 2008-2009, for class X, he paid Rs.16,000/- and remaining amount of Rs.2000/- to be paid to the opposite parties. The opposite parties told the complainant to pay the remaining payment of Rs.2000/- at the time of obtaining Transfer Certificate. The complainant went to the school of opposite parties on 08-08-2009 to pay the arrears of Rs.2000/- and to receive the Transfer Certificate, but the opposite parties evaded to issue Transfer Certificate and demanded extra money of Rs.7000/- from the complainant stating that the opposite parties hiked the fees. The son of the complainant got 547 marks out of 600 in S.S.C. and joined in S.R. College at Warangal. The authorities of S.R. College, Warangal forced the son of the complainant to produce Transfer Certificate on or before 22-08-2009. The son of the complainant intimated the same to the complainant, on that the complainant along with his son took Rs.2000/- of fee arrears to the opposite parties and made request to issue Transfer Certificate. But the opposite parties did not hear the request of the complainant and evaded to issue Transfer Certificate and demanded more money. Finally the complainant approached the opposite parties on 09-08-2009 and requested for issuance of Transfer Certificate. On 11-08-2009, the complainant sent an application to the opposite parties to issue the Transfer Certificate through Register Post and the same was acknowledged by the opposite parties on 12-08-2009. As there was no response, the complainant made complaint to the concerned District Officers of the District. He also made a complaint before the District Legal Services Authority, Khammam on 13-08-2009 for justice, but the opposite parties have not come forward to solve the issue. As the matter was urgent, the complainant went to Hyderabad, stayed at Hyderabad and made application to the Director, Directorate of School Education, Hyderabad on 17-08-2009 by hand, on the same day he also made application before the Honorable Chairman, State Human Rights Commission, Hyderabad vide its H.R.C. bearing No.5817/2009, upon perusing the material put by the complainant, the Honorable Chairman, State Human Rights Commission, Hyderabad issued orders on 19-08-2009, “Directing the opposite parties to issue Transfer Certificate on or before 21-08-2009 by receiving Rs.2000/-”. On that the opposite parties issued Transfer Certificate to the complainant on 21-08-2009. And also submitted that due to the illegal attitude of the opposite parties while getting the Transfer Certificate, the complainant spent Rs.74,250/- in all towards conveyance, boarding, lodging charges and towards the miscellaneous charges. During the period, the complainant did not perform his duties, put to physical torture and financial loss. The complainant belongs to poor family and he is a petty business man, out of his savings he is spending the amount for the education of his child and also submitted that due to the above reason, the wife of the complainant got heart attack and got treated at NIMS, Hyderabad as out patient. In this regard, the complainant got issued legal notice to the opposite parties on 28-08-2009 claiming compensation, for that the opposite parties sent reply notice on 01-09-2009 with false allegations. As such the complainant approached the Forum for redressal. 2. To support his case, the following documents were filed and marked as Exhibits A1 to A21. Ex.A1:- Photo copy of the Memorandum of Marks of Resu Anwesh. Ex.A2:- Photo copy of Study & Conduct Certificate issued by the opposite parties to the son of the complainant. Ex.A3:- Photo copy of the Transfer Certificate. Ex.A4:- Photo copy of the S.S.C Memo issued by the Board of Secondary Education to the son of the complainant. Ex.A5:- Photo copy of the Income Certificate. Ex.A6:- Photo copy of the Residential Certificate. Ex.A7:- Photo copy of the Caste Certificate. Ex.A8:- Complaint made by the complainant to the Honorable Chief Justice of High Court and Others. Ex.A9:- Postal Receipts, dt.11-08-2009 (Nos.3). Ex.A10:- Postal Receipts, dt.12-08-2009 (Nos.3). Ex.A11:- Complaint made by the complainant to the Honorable Chairman, State Human Rights Commission, vide application bearing No.8332/2009. Ex.A12:- Orders issued by the Honorable Chairman, State Human Rights Commission, directing the opposite parties for issuance of Transfer Certificate vide H.R.C. bearing No.5817/2009, dt.19-08-2009. Ex.A13:- Official Memorandum issued by the State Human Rights Commission, addressing to the complainant and District Educational Officer, Khammam,. Ex.A14:- Legal Notice got issued by the complainant to the opposite parties on 28-08-2009. Ex.A15:- Postal Acknowledgements(Nos. 3). Ex.A16:- Reply notice sent by the opposite parties, dt01-09-2009. Ex.A17:- Bunch of School fee receipts. (Nos. 32). Ex.A18:- Out Patient Medical Records issued by the NIMS, Hyderabad (Nos.3). Ex.A19:- Hotel Cash Bill of Swathi Mess & Hotel Annapurna, Hyderabad (5 in No). Ex.A20:- Travelling Bill issued by the HKGN travels, Mahabubabad worth Rs.11,000/-. Ex.A21:- Bunch of Petrol Bill (Nos.4). 3. On receipt of notice, the opposite party appeared through their counsel and filed counter. 4. In the counter, the opposite parties admitted that the son of the complainant studied in their School during the years 2006 to 2009 and completed his X class successfully. The Transfer Certificate of the son of the complainant was obtained by him on paying Rs.2000/- balance fee after obtaining the orders from the Honorable State Human Rights Commission, Hyderabad. Further submitted that all the averments made in the complaint are false, baseless and invented with an ulterior motive having wrongful gain from the opposite parties. And also submitted that any student of opposite party institution or any other institution in general will have to pay the total fee prior to his taking Hall ticket of Examination or before the final examination. Because of courtesy and in the good interest of student, the opposite party’s School allowed the son of the complainant to take examination. And also the opposite parties did not hike the school fee from Rs.18,000/- to Rs.25,000/- as stated by the complainant, on that the question of demanding additional fee from the complainant did not arise. Only to evade balance payment of Rs.2000/- the complainant hatched a plan and made false allegations against the opposite parties. And further submitted that the complainant approached the opposite parties on one occasion i.e. on 08-08-2009 to ask Transfer Certificate and other documents like other parents of students, then as a matter of general the concerned clerk checks due list of the students and if not found any dues, he would issue No Due Certificate, basing on that the opposite parties issue Transfer Certificate to the students. On that the concerned clerk informed the complainant to pay the balance school fee of Rs.2000/-, then the complainant refused to pay the amount as his son got good marks in S.S.C. examination and also threatened the opposite parties, even though the opposite parties tried to convince the complainant by showing the list of payments made by other students. Subsequently, the complainant never approached the opposite parties for Transfer Certificate with due amount before his approaching the statutory authorities. As per the directions of the Honorable Chairman, State Human Rights Commission, Hyderabad, the opposite party No.1 issued the Transfer Certificate by taking Rs.2,000/- on 21-08-2009 by obtaining duly admitted note and the same was informed to the State Human Rights Commission, Hyderabad, on 24-08-2009 and the same was closed. And also submitted that the complainant mischievously resorted this entire litigation and further taking advantage of the fact that he stayed at Hyderabad for treatment of his wife. The damages and expenses claimed by the complainant to the tune of Rs.74,280/- and Rs.20,000/- respectively are imaginary and without any basis, the complainant without any reason and fault of the opposite parties, moving around the Government Offices and the opposite parties never refused to give Transfer Certificate to the son of the complainant. And also submitted the opposite parties No.2 & 3 are nothing to do with the opposite party No.1, the complainant with an ulterior motive to harass the opposite parties and to bring pressure on opposite party No.1, filed this complaint against opposite parties No.1 to 3 and prayed to dismiss the complaint. 5. To support their contention, the opposite parties filed the documents, Ex.B1 is the application made by the complainant, dated 21-08-2009 along with acknowledgement. 6. The complainant and counsel for the opposite parties filed written arguments. 7. Upon perusing the material papers on record, now the points that arose for consideration are, 1) Whether the complainant is entitled for the claim? 2) To what relief? Point No.1:- The complainant is resident of Mahabubabad, Warangal District, the son of the complainant by name Resu Anwesh, has studied in opposite party’ school for the academic year 2006-2009 for the classes VIII, IX and X. As per the complainant, the student had to pay Rs.18,000/- per year for the tuition fee and hostel fee, accordingly he paid entire fees for the classes of VIII and IX for the year 2008-2009, for class X, he paid Rs.16,000/- and remaining amount of Rs.2000/- to be paid to the opposite parties. On 18-08-2009, the complainant approached the opposite parties to pay arrears of Rs.2000/- and to get Transfer Certificate, but the opposite parties demanded extra amount of Rs.7000/-, on that on 11-08-2009 the complainant sent an application for Transfer Certificate through Register Post. As there was no response, he approached District Legal Authority, Khammam, all higher government authorities and approached State Human Rights Commission, Hyderabad on 17-08-2009. On 17-08-2009, the Chairman, State Human Rights Commission, Hyderabad directed the opposite parties to issue Transfer Certificate on or before 21-08-2009 by collecting Rs.2000/-, on that the opposite parties issued Transfer Certificate. For the above the complainant put to physical torture and financial loss, for that he got issued legal notice to the opposite parties on 28-08-2009 claiming compensation as the opposite parties gave reply with false allegations, the complainant approached the Forum. On going carefully through the record, we observed that the fee deposited by the complainant from the beginning i.e. from 01-06-2006, he had granted 9 installments for the class VIII, he also permitted 9 installments in IX Class and in X Class he permitted to pay in 13 installments. On perusal of the record, which is available from the receipts filed by the complaint, it is clear that the son of the complainant is permitted to pay fee on several installments. And as per the opposite party No.1, the student of the opposite party’s Institution in general have to pay total fee prior to final examinations, because of courtesy and good interest of students, the opposite party No.1 allowed the son of the complainant to take examination. As per the complainant, he went to the School of opposite parties on 08-08-2009, he sent an application through Register Post, on 11-08-2009 he made complaint to the Chairman, District Legal Service Authorities, Khammam went to Hyderabad to meet the Minister of School Education, on 14-08-2009, he made an application to the Director of School Education, Hyderabad on 17-08-2009 and also made an application on the same day i.e. on 17-08-2009 before the Honorable State Human Rights Commission, Hyderabad. After perusing the order issued by the State Human Rights Commission, Hyderabad by receiving Rs.2000/-, the opposite party No.1 immediately issued Transfer Certificate to the complainant on 21-08-2009. As per the complainant he stayed at Hyderabad from 09-08-2009 to 19-08-2009 for that he submitted bills Ex.A19, 20 & 21 as per the cash bills, Ex.A19 set to have been issued on 09-08-2009 having its serial No.1016, the next day bill dated 10-08-2009 having serial No.1014 and another bill number is 912. From the Ex.A19 to A21, it appears that the complainant stayed from 09-08-2009 to 19-08-2009 at Hyderabad. But as per the Ex.A8, from his own admission he approached the District Legal Services Authority, Khammam, on 13-08-2009. As per the postal receipts (Ex.A9) filed by him on 11-08-2009, he is at Mahabubabad, as per postal receipts filed by him (Ex.A10), he posted complaints on 12.08.2009 to Collector, Khammam, DEO, Khammam and S.P., Khammam from Warangal. From the record he is at Hyderabad on 17.08.2009 to file complaint before the State Human Rights Commission, Hyderabad. As such we are not considering the bills as submitted by the complaint. After carefully observing the material papers on record, we observed that it is the bounded duty of the opposite party No.1 to collect balance fee amount and issue Transfer Certificate on approach of the complainant. For that the complainant suffered mentally for getting Transfer Certificate from the opposite party No.1. Having regard to the facts and circumstances of this case it is just and proper to assess the sufferance incurred by the complainant as Rs.5,000/-. Point No.2:- In the result, the complaint is allowed in part directing the opposite party No.1 to pay an amount of Rs.5000/- within one month from the date of this order failing which, the amount shall carry interest @9% p.a. from the date of this order till actual payment and also granted Rs.1000/- towards costs. The complaint against opposite parties No.2 & 3 is dismissed. Dictated to steno, transcribed by her, corrected and pronounced by us in the open forum, on this 28th day of January, 2011. PRESIDENT MEMBER DISTRICT CONSUEMRS FORUM, KHAMMAM APPENDIX OF EVIDENCE Witnesses examined for complainant: None Witnesses examined for opposite parties: None Exhibits marked for Complainant: Ex.A1:- Photo copy of the Memorandum of Marks of Resu Anwesh. Ex.A2:- Photo copy of Study & Conduct Certificate issued by the opposite parties to the son of the complainant. Ex.A3:- Photo copy of the Transfer Certificate. Ex.A4:- Photo copy of the S.S.C Memo issued by the Board of Secondary Education to the son of the complainant. Ex.A5:- Photo copy of the Income Certificate. Ex.A6:- Photo copy of the Residential Certificate. Ex.A7:- Photo copy of the Caste Certificate. Ex.A8:- Complaint made by the complainant to the Honorable Chief Justice of High Court and Others. Ex.A9:- Postal Receipts, dt.11-08-2009 (Nos.3). Ex.A10:- Postal Receipts, dt.12-08-2009 (Nos.3). Ex.A11:- Complaint made by the complainant to the Honorable Chairman, State Human Rights Commission, vide application bearing No.8332/2009. Ex.A12:- Orders issued by the Honorable Chairman, State Human Rights Commission, directing the opposite parties for issuance of Transfer Certificate vide H.R.C. bearing No.5817/2009, dt.19-08-2009. Ex.A13:- Official Memorandum issued by the State Human Rights Commission, addressing to the complainant and District Educational Officer, Khammam,. Ex.A14:- Legal Notice got issued by the complainant to the opposite parties on 28-08-2009. Ex.A15:- Postal Acknowledgements(Nos. 3). Ex.A16:- Reply notice sent by the opposite parties, dt01-09-2009. Ex.A17:- Bunch of School fee receipts. (Nos. 32). Ex.A18:- Out Patient Medical Records issued by the NIMS, Hyderabad (Nos.3). Ex.A19:- Hotel Cash Bill of Swathi Mess & Hotel Annapurna, Hyderabad (5 in No). Ex.A20:- Travelling Bill issued by the HKGN travels, Mahabubabad worth Rs.11,000/-. Ex.A21:- Bunch of Petrol Bill (Nos.4). Exhibits marked for opposite parties:- Ex.B1 is the application made by the complainant, dated 21-08-2009. PRESIDENT MEMBER DISTRICT CONSUEMRS FORUM, KHAMMAM | |
