BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 276 of 2019
Date of Institution : 22.05.2019
Date of Decision : 21.08.2019
Chhotu Ram aged about 32 years son of Shri Bhoop Singh, resident of village Chahuwali, Tehsil Tibbi, District Hanumangarh.
……Complainant.
Versus.
Director/ Principal Anupam Public Senior Secondary School, Dabwali Road Ellenabad, District Sirsa.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA……………… PRESIDENT.
SHRI ISSAM SINGH SAGWAL…. MEMBER
SMT. SUKHDEEP KAUR……… MEMBER
Present: Smt. Pushpa Mehta, Advocate for complainant.
Opposite party exparte.
ORDER
In brief, the case of complainant is that complainant is agriculturist by profession having small holding. The complainant admitted his children named Parul and Yogesh in the school of opposite party in 5th standard in April 2017 as per norms of the school against demanded payment and the school used to issue receipts of the deposited charges. That in April, 2019 both the children of the complainant were promoted to 7th standard and in the formal process of new class admission, the complainant had paid alleged balance of Rs.9000/- of previous session and he deposited Rs.5000/- on 9.4.2019 with the op school. Apart from this, he purchased books, uniforms etc. for his children as per direction of the school. It is further averred that op school had charged the fee as per its own settled norms without explaining the head wise fee structure. The school has charged Rs.29,000/- for previous session from the complainant qua school fee and conveyance charges and same amount was to be charged for current academic sessions. It is further averred that uninformed as well as ongoing conflict between the school management and staff, the above named children had been shifted suddenly to Nachiketan school, Dabwali road, Ellenabad on 15.4.2019 without consent and permission oral or in writing of the complainant. It is further averred that as and when he came to know about it through children, he approached to op/ school for knowing the details about sudden shifting of his children without being consulted as the children told him that school is being closed, but the director could not offer any satisfactory explanation regarding the same rather his response was like a trader and during the talk exchange the director/ owner of the school dared to extend filthy language and even ousted the complainant from the premises of the school. It is further averred that when complainant again visited the school, it was told to him that the school is running and new principal has been appointed but van facility would not be provided to pick and drop the children from village Chahuwali upon which complainant asked for transfer certificate of his children as without van, the children are unable to regular attend school but op refused to issue transfer certificates of the students which was just required by the complainant to get his children admitted in some other school of his choice. It is further averred that after taking many rounds one transfer certificate of student Parul was issued mentioning the wrong information in it regarding date of admission as 19.4.2019 and date of withdrawal as 20.4.2019 but the school officials have flatly refused to issue transfer certificate of other child named Yogesh and without this complainant is not able to admit his both children in any school. That the complainant has moved an application to the District Administration on 9.5.2019 explaining the worst experience faced by him at the hands of op coupled with insensitive approach of the school. The application was forwarded to B.E.O. Ellenabad vide official correspondence A-3-2019//2502 dated 9.5.2019 but of no use. The complainant is still empty handed and is facing mental trauma on watching his school going age children at home. Hence, this complaint for a direction to the op to issue transfer certificate of Yogesh, refund the school fee and other expenses incurred on books and school uniforms etc. and further be directed to pay compensation of Rs.two lacs to the complainant for causing mental as well as physical harassment and also to pay Rs.22,000/- as litigation expenses.
2. Notice of the complaint was issued to the opposite party through registered cover but same received back with the report of refusal and none appeared on behalf of op and as such op was proceeded against exparte.
3. The complainant then led his evidence.
4. We have heard learned counsel for the complainant and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has deposed and reiterated all the averments made in the complaint. He has specifically deposed qua admission of his children namely Parul and Yogesh in the op’s school in fifth standard in April 2017 and that in April, 2019 his both children were promoted to seventh standard and he paid alleged balance of Rs.9000/- of previous session and he deposited Rs.5000/- on 9.4.2019 as school fee. He has also deposed regarding suddenly shifting of his children to Nachiketan school, Ellenabad on 15.4.2019 without their consent without any explanation and that after taking many rounds, only transfer certificate of student Parul was issued with wrong particulars whereas transfer certificate of another child Yogesh was not issued. The complainant has also placed on file copies of receipts Ex.C1 to Ex.C8 the perusal of which show that children of the complainant got admission in the school of op in the year 2017. The perusal of copy of receipt Ex.C8 reveals that on 9.4.2019 an amount of Rs.5000/- was deposited by the complainant with the op’s school for the admission of his children Parul and Yogesh in seventh class. The evidence led by complainant goes as unchallenged and unrebutted as op did not put appearance despite issuance of notice. So, non issuance of transfer certificate of student Yogesh and non refund of the amount of admission fee of Rs.5000/- for the Sessions 2019-20 clearly amounts to deficiency in service on the part of opposite party.
6. In view of the above, we allow this complaint and direct the opposite party to issue school leaving certificate of student Yogesh and also direct to refund an amount of Rs.5000/- to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @7% per annum from the date of order till actual payment. We also direct the op to further pay a sum of Rs.3000/- as compensation for harassment and Rs.2000/- as litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. Member Member President,
Dated:21.08.2019. District Consumer Disputes
Redressal Forum, Sirsa.
