Punjab

Faridkot

CC/17/114

ADDITRI GUPTA - Complainant(s)

Versus

BACHPAN PLAY SHCOOL - Opp.Party(s)

BHARAT BHUSHAN

11 Mar 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

C. C. No. :                     114 of 2017

Date of Institution:              3.04.2017

Date of Decision :             11.03.2019

 

Additri Gupta minor daughter of Vaibhav Gupta r/o House No.119-B-12, Haarindra Nagar, Faridkot through Vaibhav Gupta, father/guardian and next friend of minor Additri Gupta r/o House No.119-B-12, Harindra Nagar, Faridkot.

...Complainant

Versus

1. Bachpan Play School, Farid Enclave, Near Shahi Haveli, Faridkot through its Director Arsh Sachar.
2. Arsh Sachar, Director Bachpan Play School, Farid enclave, Near Shahi Haveli, Faridkot.
3. Amit Kumar son of Jasveer Singh r/o Shaheed Balwinder Singh Nagar, Faridkot.
4. Balaji Education Charitable Society, Near Shahi Haveli, Faridkot through its Secretary Arsh Sachar.

                                            ....Opposite parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh Ajit Aggarwal, President,

Smt Param Pal Kaur, Member.

 

Present:      Sh Bharat Bhushan, Ld Counsel for complainant,    

                  Sh P L Chaudhary, Ld Counsel for OP-1, 2 and 4,

(OP-3 deleted from the array of OPs

vide order dated 1.09.2017).

 

cc no.114 of 2017

ORDER

(Ajit Aggarwal, President)

                                                          Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to OPs to pay Rs.2,84,000/- on account of treatment expenses and to refund the amount of Rs.4,000/-given as transportation charges and for further directing OPs to pay Rs.2,00,000/- as compensation for mental agony and  harassment suffered besides Rs.20,000/-as litigation expenses.

2                                                                Briefly stated, the case of the complainant is that complainant is a minor female child of only 2 years and was admitted in play way school of OP-1 on 21.01.2017 and OPs charged Rs.4,000/-for admission which also included fees and transportation charges upto February 2017. It is submitted that on 17.02.2017, when complainant was travelling in the school van bearing no. PB-10-DH-5012 of OPs, the radiator cap of the vehicle bursted due to poor maintenance of van and  boiling water of radiator fell on the  body of little complainant due to which several burn injuries were caused to her on her left shoulder, left ankle, left hand and below the left knee. Then, complainant was taken to Sukhmani Hospital, Faridkot and then to Civil Hospital, Faridkot from where she was referred to go to Guru Gobind Singh Medical College and Hospital, Faridkot and doctors advised grafting of her burn injuries. It is further submitted that as parents of complainant were busy in her treatment, therefore, they had no time to report the matter to Police. After that complainant was taken to Cosmo Super Speciality Hospital, Bathinda for treatment where surgery was advised. Thereafter, complainant was taken to Tricity Institution of Plastic Surgery, Chandigarh where she was got admitted on 2.03.2017 and there grafting surgery was conducted on her burn wounds. Father of complainant spent about Rs.80,000/-

cc no.114 of 2017

on her treatment and her treatment is still going on and in all this, complainant has suffered a lot of physical pain, mental agony and harassment alongwith her family. Ld counsel for complainant has made request for accepting the complaint and to provide relief and justice to little baby. He has also prayed for compensation and litigation expenses besides the main relief. Hence, the  instant complaint.

3                                                        The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 17.04.2017, complaint was admitted and notice was ordered to be issued to the OPs.

4                                                    OP-1, OP-2 and OP-4 appeared through counsel and filed reply wherein took preliminary objection that Amit Kumar son of Jasbir Singh owner of van in question was driving the said vehicle at the time of incident and its Insurance Company are necessary parties but they are not impleaded in the array of Ops and therefore, complaint is bad for non joinder of necessary parties and is liable to be dismissed. However, on merits OP-1, OP-2 and OP-4 have denied all the allegations of complainant being wrong and incorrect and asserted that Shri Balaji Educational Charitable Society which runs the school is not impleaded as party in present complaint and moreover, Op-2 is not the Director of said institution, rather he is the Secretary of Bachpan Playway School and is sued by wrong name. It is averred that OPs never charged any transportation charges from complainant and the vehicle in which complainant used to come to school does not belong to answering Ops, rather it belongs to Amit Kumar who is not made party in present complaint and even the number of van in which complainant used to come is not attached to their institution.  Moreover, it is not cleared that who was driving the vehicle at the time of said incident and even no medico-legal

cc no.114 of 2017

report of injured complainant from Civil Hospital is produced on file. Information regarding said incident is also not reported to Police. Counsel for answering Ops stressed that there is no evidence on record regarding suggestion of grafting surgery for the bursts caused due to water of radiator cap of vehicle. All the other allegations are denied being wrong and incorrect and asserted that documents produced by complainant regarding alleged injuries are forged and procured ones. There is no deficiency in service on the part of answering OPs and prayed for dismissal of complaint with costs.

5                                               Though notice was issued to OP-3, but complainant suffered a statement before the Forum that he does not want to pursue the complaint against OP-3 and in view of statement made by complainant,  OP-3 was deleted from the array of Ops vide order dated 1.09.2017 passed by this Forum.

6                                                   Ld counsel for complainant tendered in evidence affidavit Ex.C-1, documents Ex C-2 to C-28 and then, closed the evidence.

7                                                            Ld Counsel for OP-1, 2 and 4 tendered in evidence affidavit of Arash Sachar, Secretary as Ex OP-1 and document Ex OP-2 and thereafter, closed the evidence on behalf of OP-1, 2 and 4.

8                                                We have heard the arguments advanced by ld counsel for complainant and have carefully gone through the  documents placed on record by parties.

9                                                     Ld Counsel for complainant vehementally argued that complainant is a minor baby of only 2 years and took admission in play

cc no.114 of 2017

way school of OP-1 on 21.01.2017. Rs.4,000/- were paid for admission which included fees and transportation charges upto February 2017. On 17.02.2017, when she was travelling in the school van of OPs, the radiator cap of the vehicle bursted and  boiling water from radiator fell on the body of little baby due to which she received several burn injuries on her body. She was taken to Sukhmani Hospital, Faridkot and then to Civil Hospital, Faridkot from where she was referred to go to Guru Gobind Singh Medical College and Hospital, Faridkot where concerned  doctors advised grafting for her burn injuries. As parents of complainant were busy in her treatment, therefore, they could not report the matter to Police. Thereafter, she was taken to Cosmo Super Speciality Hospital, Bathinda for treatment where surgery was advised and then, complainant was taken to Tricity Institution of Plastic Surgery, Chandigarh where on 2.03.2017  her grafting surgery was conducted on burn wounds. Her father spent about Rs.80,000/-on her treatment and she is still under treatment and in all this, little complainant has suffered a lot of physical pain, mental agony and harassment alongwith her family. Request for accepting the complaint is made alongwith compensation and litigation expenses besides the main relief. It amounts to deficiency in service and ld counsel for complainant has prayed for compensation and litigation expenses besides the main relief. He has stressed on documents Ex C-1 to 28.

10                                          To controvert the allegations of complainant, ld counsel for OP-1, OP-2 and OP-4 argued that at the time of said incident, Amit Kumar owner of van was driving the said van and its Insurance Company are necessary parties, which is not impleaded in the array of Ops and thus, complaint is bad for non joinder of necessary parties. It is further argued that even Shri Balaji Educational Charitable Society that runs the school, is not impleaded as party in

cc no.114 of 2017

present complaint. It is further argued that OP-2 is not the Director of said institution, rather he is only Secretary of said school and is sued by wrong name. It is averred that they never charged any transportation charges and the vehicle in which complainant used to come to school does not belong to them as it is of one Amit Kumar who is not made party in present complaint and even the number of said van is not attached to their institution. It is  also not cleared that who was driving the vehicle at the time of said incident and even no medico-legal report of injured is placed on record and even no information regarding said incident is given to Police. Moreover, there is no evidence on record regarding suggestion of grafting surgery. It is reiterated that there is no deficiency in service on their part and all the other allegations are refuted with prayer to dismiss the complaint with costs.

11                                                 We have heard the counsel for complainant and have also carefully gone through the pleadings and evidence produced on record by complainant and OP-1, 2 and 4. The case of the complainant is she took admission in the playway school of OPs on depositing admission fee of Rs.4000/-that also included transportation charges of Rs.600/-for van arranged by school authorities for students. On 17.02.2017, while going school in the van of OPs, radiator of van burst and boiling watering released from it fell on the body of little complainant and due to very hot water of radiator, she suffered several burn injuries on her body. She underwent medical treatment and also had to under plastic surgery on no fault on her part as duty of maintenance of van was completely devolves with Ops but due to poor facilities of OPs, little complainant has been suffering not only physical pain but also mental agony. All this amounts to deficiency in service on the part of OP. In reply, OP-1, 2 and 4 have denied all

cc no.114 of 2017

the allegations of complainant being wrong and incorrect and stressed mainly on the point that van involved in said incident does not belong to school authorities and there is no deficiency in service on their part.

12                                   To prove this case, complainant has relied upon document Ex C-9, which proves the fact that she was given admission in Bachpan school of OPs and it also proves the pleading of complainant that amount of Rs.4000/-was paid as admission charges that also includes transportation charges written as T C for February Rs.600/-. OPD Slip Ex C-2 given by Punjab Health System Corporation and OPD Slip given by Guru Gobind Singh Medical College and Hospital, Faridkot ExC-3 clearly shows that complainant got burn wounds on her left shoulder and on deep bone over ankle. Objection of OP-1, 2 and 4 taken by them in their written reply that complainant has not placed on record any recommendation for grafting, has no relevance in the light of document Ex C-4 which is slip given by Cosmo Super Speciality Hospital, Bathinda wherein concerned doctor has clearly recommended the ‘grafting of wounds as early as possible’. Ex C-5 also reveals the similar story and in it, it is specifically mentioned that radiator burst on 17^th February, 2017, followed by scald burns over left shoulder and left leg. Initial treatment at Civil Hospital. On examination raw areas left shoulder and left leg and surgery conducted over complainant is debridemnent + skin grafting.  Copies of bills and receipts from Ex C-14 to Ex C-25 prove the grievance of complainant that she suffered huge harassment and mental agony due to negligence on the part of OPs and her father had to spent huge amount on her treatment. Plea taken by OP-1, OP-2 and OP-4 that van involved in said incident does not belong to them has no legs to stand upon in the light of documents Ex C-9 and Ex C-10 dated 21.01.2017 and 12.05.2016 respectively

cc no.114 of 2017

wherein it is clearly mentioned that Transportation Charges of Rs.600/-for every month have been deducted by OP-1, OP-2 and OP-4 from the father of complainant as depicted in Ex C-9 and from on other student namely Pajas Goyal Ex C-11. Both these documents are of vital importance as these documents clearly reveal the fact that OP-1, 2 and 4 charge Rs.600/-from every student on account of transportation charges. Further affidavit of Sanjeev Goyal, father of Pajas Goyal also proves the pleadings of complainant wherein it is clearly mentioned by Sanjeev Goyal that he paid Rs.600/-to said school on account of transportation charges. Receipts Ex C-27 and Ex C-28 dated 11.04.2016 and 12.05.2017 respectively also prove the fact that transportation charged are charged by OP school and meaning thereby van in question radiator of which bursted belongs to said Bachpan school. Complainant has produced sufficient and cogent evidence to prove his case. Documents produced by complainant seem to be authentic and there appears to be no doubt regarding the allegations of complainant. OPs are not only deficient but have also been negligent in providing satisfactory services to complainant as they have not taken requisite precautions for safety and security of their students.

13                                               We are fully convinced with the evidence and arguments of Counsel for the complainant. The complainant has succeeded in proving her case, therefore, complaint in hand is hereby allowed against OP-1, OP-2 and OP-4 and they are directed to pay Rs.65,000/-to complainant on account of expenditure spent on her treatment and are further directed to pay Rs.20,000/-as compensation for harassment and mental agony suffered by her besides Rs.3,000/-as litigation expenses. Compliance of this order be made jointly and severally  

 

cc no.114 of 2017

within one month from the date of receipt of the copy of the order failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Forum

Dated: 11.03.2019

(Param Pal Kaur)                (Ajit Aggarwal)  

                                                Member                               President