DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No.75/03.06.2008 Decided on : 16.12.2008 Kaimandeep Singh minor aged about 5 years S/o Sh.Kulwant Singh through his natural guardian mother Harpreet Kaur w/o Sh.Kulwant Singh S/o Sh.Lal Singh resident of village Alike, Tehsil Sardulgarh, District Mansa. ..... Complainant. VERSUS 1.Akkal Academy, Ratia Road, Village Kauri Wara, Tehsil Sardulgarh, District Mansa through its Principal. 2.Mrs.Sudarpan, Principal, Ratia Road, Village Kauri Wara, Tehsil Sardulgarh, District Mansa. ..... Opposite Parties. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh.Ranjit Singh, Advocate counsel for the complainant. Sh.M.S.Sandhu, Advocate counsel for the Opposite Parties. Before: Sh.Pritam Singh Dhanoa, President. Sh.Sarat Chander, Member. Smt.Neena Rani Gupta, Member. ORDER:- This complaint has been filed by Kaimandeep Singh minor S/o Kulwant Singh through his mother and natural guardian Smt.Harpreet Kaur , under Section 12 of the Consumer Protection Act, 1986 (in short called the 'Act'). As per allegations made in the complaint, the complainant was the student of Nursery class, during the session 2007-08, in Akkal Academy , situated at Ratia Road, Village Kauri Wara, Tehsil Sardulgarh, District Mansa. The minor complainant took examination of nursery class Contd........2 : 2 : and deposited all the amount, due on account of fees and other charges, as such, he is a consumer within the purview of the Act. The opposite parties had declared result of nursery class, on 15.3.2008. The complainant, accompanied by his mother, appeared before the Principal of Akkal Academy, at 1 P.M., on the date fixed, but they were informed by the teacher Incharge, that the result of the minor complainant, has been withheld, as per order passed, by OP No.1 i.e. Principal of the Akal Academy. Thereafter, the complainant and his mother, approached the Principal of the Akal Academy and asked her for the reasons for withholding the result of the minor, but they were informed by her, that amount due towards, the minor complainant, for the previous year has not been paid inspite of the fact that, mother of the complainant asked the Principal of the Academy, that no amount is outstanding towards the minor complainant, she has withheld his result with malafide intention. Thereafter the mother of the minor complainant, served notice, dated 24.3.2008, upon the opposite parties, on his behalf, but inspite of receipt of the same the opposite parties refused, to declare his result. As such, there is deficiency in service on the part of the opposite parties. Due to the conduct of the opposite parties, minor complainant and his mother felt discouraged, humiliated, harassed and defamed, in the presence of several people, who had gathered at the time of their visit in the premises of the Academy. The complainant could not get admission, in time, in any other school. He and his mother have lost a precious time and had to incur extra expenditure. At the end, a prayer has been made that complainant, and his mother is entitled to payment of compensation, in the sum of Rs.50,000/- for their humiliation and harassment and a sum of Rs.35,000/-, on account of mental and physical torture and wastage of their precious money and time. They are also entitled to payment of Rs.10,000/-, on account of litigation expenses. 2. On being put to notice, the opposite parties filed written Contd........3 : 3 : version, resisting the complaint, taking preliminary objections, that the minor complainant has no cause of action to file the complaint as her result was declared on stipulated date i.e. 15.3.2008, in the presence of the parents and guardians of other students studying, in the Academy. It is denied that the minor complainant and his mother had approached the opposite parties for declaration of the result of the complainant; that the complainant is not the consumer under the opposite parties, as such, complaint is not maintainable ; that complainant has concealed the material, facts and has filed the complaint, which to the knowledge of the opposite parties, is frivolous and vexatious, as such, it is liable to be dismissed with costs. On merits, it is admitted that minor complainant was a student of the opposite parties at the relevant time in Nursery class, but it is reiterated, that his result was declared on 15.3.2008. It is denied that complainant, or his mother appeared, in the Academy run by the opposite parties, on the date of declaration of the result. Rather, it is averred that some stranger asked, for the result sheet of the complainant, which was declined by the opposite parties, as rules and regulations, of the Academy do not permit, to supply the result of a student, to a stranger. It is submitted, that fabricated version, has been placed by the minor complainant, through his mother. It is denied that they have suffered any mental or physical harassment, due to any conduct on the part of the opposite parties. It is submitted that Sh.Amrit Singh, guardian of minor, had misappropriated an amount of Rs.2,83,787/-, in the course of his employment with Academy and on account of which FIR No.81 dated 12.6.2008 has been registered against him, at the instance of the opposite parties, under Section 380/409/420 IPC, at Police Station, Sardulgarh and he has been denied bail by the Court of learned Sessions Judge, Mansa. It is contended that instant complaint has been filed by the minor complainant as counter blast to the above said case registered against Sh.Amrit Pal. However, it is admitted that notice was served upon OP Contd........4 : 4 : No.2 on behalf of the minor complainant by his mother, to which reply was sent through Sh.J.S.Bhullar, Advocate ,on 28.3.2008, through registered letter, but the minor complainant has suppressed the said fact from the knowledge of this Forum, as such, he is not entitled to payment of any amount. It is also submitted, that, as per information available with the opposite parties, minor complainant has got admission, in the next class in Meera Public School, Sardulewala, Tehsil and District Mansa even before filing of the present complaint. Rest of the averments, made in the complaint, have been denied, and a prayer has been made, for dismissal of the complaint, with costs. 3. On being called upon by this Forum, the mother of the complainant tendered her affidavit, Exhibit C-1, and also tendered copy of notice dated 24.3.2008, Ext.C-2, served upon OP No.2 and closed entire evidence. On the other hand, OP No.2 filed her affidavit Ext.OP-1 and counsel for the opposite parties tendered in evidence copies of documents Ext.OP-1 to OP-8 and he closed the evidence. 4. We have heard the learned counsel for the parties and gone through, the oral and documentary evidence, adduced on record, by the parties, carefully, with their kind assistance. 5. At the out set, the learned counsel, for the complainant Sh.Ranjit Singh, Advocate, has submitted, that, the opposite parties have failed, to declare the result, of the minor complainant without any reasonable cause, because of which he and his mother have suffered humiliation in the presence of other children and parents and they had to face great hardship, in securing admission, in other school in next class without proof of declaration of result of, lower class. Learned counsel has argued that opposite parties, have acted with malafide intention, due to registration of criminal complaint against paternal uncle of the minor complainant, because of which he and his mother, have suffered physical and mental harassment and had to incur extra expenditure, for which, they Contd........5 : 5 : are entitled, to claim compensation and litigation expenses. 6. On the other hand learned counsel, for the opposite parties, Sh.Major Singh Sandhu, Advocate, has submitted that, neither the minor complainant, nor his mother has appeared, on the date of declaration of the result. The result of the minor complainant, has never been withheld by the opposite parties. Learned counsel has argued, that the opposite parties, had no obligation to deliver the mark sheet, of the minor complainant, to a stranger, who appeared, to collect the result, on his behalf and on behalf of his guardian. Learned counsel has argued, that instant complaint, has been filed as a counter blast, by the minor complainant, in connivance with his mother and paternal uncle, Amrit Singh, against whom criminal case has been registered for misappropriating the funds, of the academy, run by the opposite parties during the course of his employment. Learned counsel has further argued, that no notice has been served, on behalf of the minor complainant, upon the opposite parties for withholding the result, as such, complaint being frivolous and vexatious, is liable to be dismissed, with costs. 7. The argument advanced by the learned counsel for the opposite parties has failed to sound well with us. In case the result of the minor complainant, had been declared, on the stipulated date, along with the other children, then he had no reason, to knock the door of this Forum by filing the instant complaint. As per affidavit, Exhibit OP-6, of Smt.Sharanjit Kaur W/o Sh.Sarabjit Singh, she was employed as a teacher of nursery class for the academic year 2007-08, in Akal Academy, run by the opposite parties. This witness has also submitted that result of the minor complainant, was declared, on 15.3.2008, but neither the minor complainant, nor his parents or guardian appeared, for receiving the result card, but some person, claiming himself to be Gurjit Singh, appeared on their behalf and demanded, the result card, but she declined to deliver the same to him, because he was, neither the guardian, nor parent of the child. Contd........6 : 6 : She has also stated that, neither the result of the minor complainant was withheld, nor the opposite parties have ever refused to deliver his result card. The mother of the minor complainant was not expected to knock the door of this Forum and to waste her time and incur unnecessary expenditure in filing the complaint without any reason or rhyme. The documents regarding declaration of the result of a student are supposed, to be in possession of the Educational Institution, but the same has been withheld, by the opposite parties. It is not the case of the opposite parties, that some amount, was outstanding towards, the minor complainant and on that score, they were justified, in withholding his result. The minor complainant has even produced, copy of legal notice, dated 24.8.2008, Ext.C-3, reported to have been served by him, through his mother Smt.Harpreet Kaur, to the effect that, on the stipulated date, he and his mother, appeared in the premises of the Akal Academy, but the opposite parties, refused to declare his result and the Teacher Incharge informed them that OP NO.2 has ordered, withholding of his result. The opposite parties have acknowledged, the receipt of the said notice in the reply dated 28.3.2008, Ext.OP-4. In the said document, it is mentioned that an amount of Rs.7190/-, is outstanding towards the sister of the minor complainant on account of dues of previous, year for supply of books, stationery and on account of tuition fee, for nursery and L.K.G. Classes, which her parents has failed to pay, despite several requests made to them. The opposite parties were not competent to withhold the result of the minor complainant, due to non deposit of any amount, outstanding against his sister by his parents. Moreover, in the reply Ext.OP-4, opposite parties have stated that some stranger had asked for the result card of the complainant on the date of declaration of his result, but in her affidavit Ext.OP-6, Sharanjit Kaur, Teacher Incharge of the class of the minor complainant, has disclosed the name of the said person as, Gurjit Singh. It is also submitted in concluding paragraphs that minor complainant had issued the notice to Contd........7 : 7 : pressurise the opposite parties to declare their result. As per plea of the complainant, he has secured admission in the next class by taking on entrance test. It is a matter of common knowledge that the students of tender age are admitted, to next class in various educational institutions, after they clear the entrance test. This fact is otherwise evident from the letter dated 17.7.2008, Ext.OP-3, produced by the opposite parties. As per the said letter, the complainant and his sister have been admitted to the next class, after clearance of entrance test. A reference to deposit of documents, has also been made ,in this document , but it is not the case of the opposite parties, that they have since delivered the result card. As such, it cannot be accepted that those documents also include result card. The opposite parties, have placed on record, the admission form, Ext.OP-2, of the minor complainant, as per which, he was got admitted in the nursery class in Akal Academy, Kauriwala by some other person. As per version of the opposite parties, criminal case has been registered under Section 380/409/420 IPC at Police Station, Sardulgarh, for misappropriating the funds of the academy against Amrit Singh, paternal uncle of the minor, while he had been, in its service. As per documents, tendered in evidence, Ext.OP7 to OP-8 including the copy of the FIR No.81 registered on 26.12.2006 and order passed, by Sh.Bhupinder Singh, Learned District & Sessions Judge, Mansa, the bail application filed by Amrit Singh, paternal uncle of the minor complainant, for grant of anticipatory bail, has been dismissed . 8. After evaluating the entire material placed on record, we have come to the conclusion, that action of the opposite parties in withholding the result of the minor complainant, cannot be said to be bonafide, from any stretch of imagination and there is deficiency in service rendered by them. Therefore, we are left with no option, but to direct the opposite parties, to suitably compensate the minor complainant, for inconvenience, harassment and humiliation suffered by him at a tender age and extra Contd........8 : 8 : expenditure incurred by her parents. However, we are of the opinion that mother of the minor complainant, has not filed the complaint for awarding compensation, to her. As such, we are not inclined to award any compensation, to her, in the complaint filed by her minor son, merely, because, she had accompanied him, at the time of their visit, to the academy run by the opposite parties, on the day of declaration of result. 9. For the aforesaid reasons, we are of the considered opinion that there is deficiency in service, on the part of the opposite parties, who apparently appear to have withheld, the result of the minor complainant, to settle score, with his paternal uncle, lodged in jail in a criminal case registered against him at their expenses. 10. Resultantly, we accept the complaint and direct the opposite parties to pay a sum of Rs.2,000/- to the minor complainant on account of humiliation and harassment, suffered by him and expenses incurred by his parents due to their conduct, within a period of one month, failing which the opposite parties, shall also be liable to pay, interest @ 9% per annum, to the minor complainant. We further direct the opposite parties to pay a sum of Rs.1,000/- to the minor complainant as costs of litigation, as he has been dragged to the Forum due to withholding of his result by them. 11. The copies of the order be supplied to the parties free of charges under the rules and file be indexed and consigned to record. Pronounced: 16.12.2008 Neena Rani Gupta, Sarat Chander, P.S.Dhanoa, Member. Member. President.
