West Bengal

StateCommission

CC/469/2016

Rahul Barmecha - Complainant(s)

Versus

Delhi Public School - Opp.Party(s)

Mr. Prasanta Banerjee

08 Apr 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Complaint Case No. CC/469/2016
( Date of Filing : 25 Oct 2016 )
 
1. Rahul Barmecha
S/o Sri Bhikram Chand Barmecha, 441, Canal Street, 6th Floor, Flat A1(near Lake Town), Kolkata - 700 048.
...........Complainant(s)
Versus
1. Delhi Public School
Rep. by Head of the School, Megacity, Kalipur Area, Rajarhat, Dist. South 24 Pgs.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Complainant:Mr. Prasanta Banerjee, Advocate
For the Opp. Party: Moulinath Mukherjee, Advocate
Dated : 08 Apr 2019
Final Order / Judgement

Sri Shyamal Gupta, Member

This is a complaint filed by one Sri Rahul Barmecha alleging gross deficiency in service on the part of the OP School. 

In a nutshell, case of the Complainant is that his daughters were the students of the OP School.  On 20-02-2015, his father, namely, Sri Bhikram Chand Barmecha wrote a letter to the school authority drawing their attention to the various shortcomings of the said school.  It is alleged that, instead of taking such suggestion sportingly and tendering apology, the OP School Authority issued Transfer Certificate (TC) to both his daughters which not only hampered/lowered his social and personal prestige/status, as a result of such abrupt issuance of TC, he faced great difficulty arranging alternative school for her daughters.  Taking strong exception to the fact that the OP penalized his innocent children for no fault of theirs, the Complainant filed this complaint.

On notice, the OP appeared through its Ld. Advocate and defended its case by filing WV.  Denying all the material allegation of the complaint, it is submitted that, at the insistence/written application of the Complainant, TC was issued to both his daughters.  The OP vehemently disputed the fact that drinking water of the school contains  BOD (Biochemical Oxygen Demand) and COD (Chemical Oxygen Demand) above the permissible limit, as alleged, and claimed that its water filter plant outlet, water recycling plant etc. are regularly examined by an external agency, Briggss Analytical Bureau (Analytical Technical and Consulting Chemists) and the said agency has not found anything wrong with the quality of school water.  As regards other allegations, the OP put the Complaint to strict proof thereof. 

The moot point for determination is whether the Complainant is entitled to any relief.

Heard the Ld. Advocates of the parties and gone through the documents on record.

Notwithstanding the Complainant hurled various allegations against the OP, it is found that no documentary proof is furnished by him to stand his case on strong footing.

It is to be appreciated that on the basis of mere allegation, the veracity of the same cannot be determined by any Court of Law. One needs to put forth some sort of cogent proof in support of one’s contention. There is no other way to pass muster judicial scrutiny.

It is alleged by the Complainant that as his father pointed out various shortcomings of the school authorities, his innocent children incurred the wrath of the school administration and were issued TC.  It is, however, seen from the document filed on behalf of the OP that Complainant’s wife herself applied for issuance of TC and refund of the security deposit amount on 26-02-2015 and acting upon such written application, the OP issued the TC. 

In case the school authority indeed put any undue pressure upon the Complainant to withdraw his children from the school, he could lodge a written complaint first and thereafter, take necessary legal recourse against the school authority.  However, not a single scrap of paper is forthcoming before us to show that at the behest of the school authority, the Complainant was compelled to take such drastic step. Rather, the documentary proof on record gives the impression that it was a voluntary act of the Complainant.

Similarly, although it is alleged by the Complainant that his father on checking the drinking water of the school found it unfit for human consumption, no material proof is advanced from his side to substantiate such claim.  On the contrary, from the test reports submitted by the OP, it appears that there was no abnormality with the quality of water.

Similar is the case in respect of other allegations of the Complainant.

Thus, none of the allegations being proved beyond reasonable doubt, we afraid, no relief can be accorded to the Complainant.

The complaint being bereft of any merit, the same is hereby dismissed against the OP. No costs.     

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.