BEFORE THE DISTRICT CONSUMER FORUM : WARANGALPresent: Sri D. Chiranjeevi Babu,
President.
Sri N.J. Mohan Rao,
Member
And
Smt. V.J. Praveena,
Member.
Friday, the 30th day of May, 2008.
CONSUMER DISPUTE NO. 333/1995
Between:
1. Bitla Raghavulu, S/o Papaiah,
Age about 50 yrs, Occ: Teacher.
2. Bitla Bhagyalaxmi, W/o Bitla Raghavulu,
Age: 47 yrs, Occ: Household.
3. Bitla Laxmana Murthy, S/o Raghavulu,
Age: 23 yrs, Occ: Student.
4. Bitla Premchander, S/o Raghavulu,
Age: about 20 yrs, Occ: Student.
All are R/o Neerukulla Village,
Atmakur Mandal, Dist.Warangal.
… Complainants
AND
1. Maheshwara Residential Junior College,
under Management of Sri Gurukula Vidyalayam,
Rep. By its Principal & Correspondent Sri M.Sammi Reddy
Maheshwaram Village,
Narsampet Mandal,
Warangal District – 506 331,
2. Maheshwara Educational Society, Maheshwaram,
Rep. By its Secretary Sri Motha Srinivasa Reddy,
Maheswharam Village,
Narsampet Mandal,
Dist.Warangal.
… Opposite Parties
Counsel for the Complainants : Sri. M.Sadasivudu, Advocate
Counsel for the Opposite Parties : Sri M. Chandra Reddy, Advocate.
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
ORDER
Sri D. Chiranjeevi Babu, President.
This is a complaint filed by the complainants against the opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to pay an amount of Rs.4,50,000/-.
The brief averments contained in the complaint filed by the complainants are as follows:
Bitla Sridhar the son of the complainants No.1 and 2 joined in Opposite party No.1 college for Intermediate I year (M.P.C.) and appeared the Intermediate I year examination in the month of March, 1995. After the completion of I year examination Sri B.Sridhar attended summer coaching classes and after termination he reached to his native place. The complainant NO.1 on knowing the result of B.Sridhar, approached the Opposite party No.1 and ascertained the cause of failure in the result, for which opposite party NO.1 instructed him to send his boy to attend classes from 1st July, 1995 and complainant nO.1 sent his boy to the institution on 2-7-1995 and Sridhar attending the classes. On 6-7-95 at about 1 ‘0’ clock in the night intervening day of 7-7-95 some persons namely Sri K.Raji Reddy, and Venkat Reddy and one jeep driver came to complainant NO.1 house and stated that his son was admitted under serious condition in the hospital due to scorpion bite. The complainants and their relatives approached the premises of Opposite party No.1 and observed that Sridhar was in hanging position. Immediately the opposite party No.1 and his yesmen cut the rope and laid the body before the parents of the deceased that Kum.B.Sridhar met with suicidal act at about 9.p.m. on 6-7-95 for which the parents of the deceased not believed the version of opposite party No.1.The opposite party No.1 himself sent the body for postmortem and reached to autopsy, where the body laid for postmorem. The complainant No.1 made a complaint before S.H.O. Narsampet, and registered a Crime nO.75 of 1995 under sec.174 of Cr.P.C. The question of feeling shy or shame by the deceased to commit suicidal act due to failure in Intermediate I year does not arise. The death of the deceased is on account of the acts of Institutional authorities and the management of the opposite parties . Hence, they filed this complaint before this Forum.
The opposite parties filed the Written version stating that the cause of death of the deceased not known to anybody. He is an average student. And further even though he hanged in the premises of Opposite parties, Opposite parties are not liable to pay any compensation for the death of the boy. Because the reason of the death not known to anybody. Since there is no any deficiency of service this case does not comes under within the ambit of Consumer protection Act. This Forum has no jurisdiction to entertain this matter. Hence, the complaint filed by the complainants may be dismissed.
The complainants in support of their claim, filed the Affidavit of complainant No.1 in the form of chief examination and also marked Exs.A-1 to A-7. On behalf of opposite parties, Mothe Sammi Reddy filed his Affidavit and marked Exs.B-1 to B-10.
Now the point for consideration is whether the complainants are entitled to get an amount of Rs.4,50,000/- towards loss of life, mental agony and damages.
The counsel for complainants argued elaborately that the son of the complainants died miserably in the premises of opposite parties. The deceased by name Bitla Sridhar joined in Residential Junior College of Opposite party who studies Intermediate I year MPC during the year 1994-95 as such the deceased is the student of Opposite party and appeared Intermediate I year examination held in the month o March, 95. Subsequently B.Sridhar after the completion of I year examination after some interval he attended summer coaching classes in the institution of Opposite party No.1 and after termination of summer coaching classes the student reached to his native place. That after the complainant No.1 on knowing of the result of B.Sridhar he approached the opposite party and ascertained the cause of failure in the result. For which on the ascertainment of complainant No.1 the opposite party No.1 instructed to send his boy to attend him classes from 1st July, 1995. Under the circumstances, the complainant No.1 apprised the situation of the result and immediately on the instructions of Opposite parties the complainant nO.1 sent his boy to the institution on 2-7-1995 as such Sridhar was regularly attended the classes and boarded at the institution of opposite party No.1
All of a sudden surprise some persons by name Raji Reddy, R.Venkat Reddy and one Jeep Driver approached the complainants house along with the jeep on 6-7-1995 at about 10 o clock in the night i.e., intervening day of 7-7-1995 and knocked the door of the complainant’s house on the sound of knocking the door by those persons the complainant No.1 woked up and opened the door, on that instance all of them stated with complainant No.1 that his son is admitted under serious condition in the hospital due to the scorpion bite. Under the circumstances, the complainant and his family members went there along with his relatives reached the premises of opposite party and the opposite party called all the persons and opened the door of asbestos tinsheeted room where the complainant NO.1 and 2 and other observed that Sridhar was in hanging in position. Immediately the opposite party No.1 and his yesmen cut the rope which was hanged and laid the body before the parents of the deceased. The police came and registered a case inCr.No.75 of 1995 under section 174 of Cr.P.C.
The contention of the complainants is that instead of giving a report to the police, where is the question to send information to the parents at first. Further the allegation of the complainants is that the question of feeling shy or shame by the deceased to commit a suicidal act due to failure in Intermediate I year examination does not rise because the classmates and inmates of the deceased also failed in certain subjects, the same was in knowledge to the parents of the deceased. So unsuccessful in certain examinations MPC I year by the deceased, then only the parents of the deceased sent their son to attend further classes in the month of July like wise every unsuccessful candidate and the deceased used to attend the classes regularly with staying in the hostel of opposite party No.1 upto the day of the death, it was a surprise to complainants. The complainants apprehend that the death of Sridhar was only due to tortuous acts and cruel treatment meted out to him either by the opposite parties or their staff. So the death of the deceased is on account of the acts of the institutional authorities and the management of Opposite parties not absolved of their responsibility atleast to ensure his life and safety in their own custody and the deceased is also entitled for protection of his life since the said Sridhar has died while he was in custody of the opposite party No.1 and it resulted in deprivation of his life contrary to law. Therefore the opposite parties are liable to pay compensation to the complainants.
The counsel for opposite parties argued elaborately that nobody knows the cause of death of the deceased. Because he is an average student. And further even though he hanged in the premises of Opposite parties, Opposite parties are not liable to pay any compensation for the death of the boy. Because the reason of the death not known to anybody. And further he argued that there is no deficiency of service, he died by way of hanging in the premises of opposite parties, except that there is no anything in this case. Since there is no any deficiency of service this case does not comes under within the ambit of Consumer protection Act. This Forum has no jurisdiction to entertain this matter.
For this our answer is that it is true as per version of opposite parties counsel that Sridhar was a student of 1st year Intermedaite (MPC) as part III subjects and Sanskrit as second language in the opposite party college during the academic year 1994-95. He had appeared for public examination in April 1995 despite close attention and coaching given by the college staff to all the students as in nomal in the said residential college. The performance of Sridhar was very poor and disappointing. The marks obtained by him in various examinations including the final examination in 1st year he got low marks and he failed in Sanskrit also where it is an ordinary subject even average student score good marks. On several occasions earlier to the final examination, whenever Sridhar was getting very poor marks in the unit tests and other examinations, the complainant NO.1 who himself was a teacher in Government Service chided his son and took him to task for such poor showing. So after the public examinations were over in April, the opposite parties college would be sending out letters to all students of the college to attend the summer coaching classes that would be held during summer vacations from 5th May of every year upto 25th June, of same year. In 1995 summer vacations also, for the said period 5th May to 25th June, 1995 special summer coaching classes were held for students to be given them good grounding in II year Intermediate subjects in advance Rs.1,250/-. The deceased attending classes and boarding and staying as a hosteller in the campus of the opposite party No.1 college did not and could not arise during 1st week of July, 1995 in view of academic classes for intermediate commencing from 12-7-1995 as usual every year. It was more as a gesture of goodwill and courtesy that the few students including the deceased that overstayed in connection with their work were allowed to stay in a room and freely board in the hostel mess. We are not understanding from the opposite parties for the death of the deceased. The boy had simply committed suicide by hanging by the plaited belt i.e., Navvar of a cot in the room where he and other boys four or five were allowed to stay the said boys informed the same to hostel warden. When the boys were having their food on the night of 6th July, there was power cut failure. After that they had their food, they waited resumption/restoration of poor supply and went back to the room and there to their shock found the boy hanging and reported to their warden.
It is true that the boy committed suicide by hanging in the premises of opposite parties, but the opposite parties are not responsible for that. Even the deceased has committed suicide by hanging in the dark time when the current was not there, so the boy intentionally committed suicide for what reason we do not know. When the boy has not disclosed the reason for his committing suicide in any paper with writing we do not know the reason for the death of the boy. We are not finding fault with anybody. Because we do not see the reason on what basis the deceased died by way of committing suicide. And further the complainant counsel cited number of citations and
the complainant counsel cited Appex court
Ramesh Chandra Vs Randhir Singh and others in Civil Appeal NO.1188 of 1997 with Motor Vehicle Act, 1930 Interest – Award of interest on awarded compensation.
When there is no point of allowing the complaint there is no question of interest. The citation is not applicable and further he cited another
2001 (2) An.W.R.567 (SC)
M.S.Grewal and another
Vs
Deep chand sood and others
Law of Torts – Negligence Appeal against award of compensation – Liability of school management and liability of two school teachers who conducted the picnic resulting in liability
This judgment is also not applicable because we have stated supra that we do not know the reason for the death of the boy. So without knowing the same fixing the liability of one party not better. So that is the reason only this above cited judgment is not applicable.
Another citation i.e., 2001 (3) CPR 60 (NC)
Somasundaram … Appellant
Vs
The correspondent Sri Chakravatrhy International Matriculation Academy…Respondent.
Consumer Protection Act, 1986 – Sections 2 and 14 – School imparting education – Deficiency in service – 3 ½ years old daughter of complainant student of upper K.G. fell in open septic tank in school and was drowned – Keeping tank open near toilet where tiny tots study was an act of sheet negligence on part of school authorities.
These facts of the judgment and the facts of present judgment are different. In the present case the boy died with an hanging but in the cited judgment 3 ½ years daughter of the complainant fell in opposite party open septic tank, so the above cited judgment is not applicable for the present case.
In this case there is no any deficiency of service because Complainant
No.1 has paid only Rs.5,000/- on 18-12-94 belatedly after taking the admission still he has to pay Rs.5,150/- and further the complainant has not paid the summer coaching fee of Rs.1250, but sent his son to attend the coaching classes. Rs.250/- admission fee for hostel, Rs.100/- Spl. Fee for hostel, Rs.500/- store deposit for student’s use and 1,800/- tuition fee, Rs.7,000/- lodging and boarding charges, Total 10,150/- and Rs.5,000/- and due payable Rs.5,150 summer coaching fee Rs.1,250/- in favour of 6,400/- he has to pay. For non payment of fee the complainants they have no right to claim for compensation and damages.
When this Forum comes to the conclusion that the opposite parties are not responsible for the death of the deceased Sridhar and we have decided this point accordingly in favour of opposite parties against complainant.
Point NO.2: To what relief: The first point is decided in favour of opposite parties against the complainant this point is also decided in favour of opposite parties against the complainant.
In the result this complaint is dismissed, but without costs.
(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum today, the 30th May, 2008)
Sd/- Sd/- Sd/-
Member Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
On behalf of Complainant On behalf of Opposite Party
Affidavit of complainant filed Affidavit of opposite party filed.
And deposition.
EXHIBITS MARKED
On behalf of complainant
- Ex.A-1 Complaint given to police by complainant NO.1, dt.7-7-05.
- Ex.A-2 F.I.R.U/s 154 Cr.P.C. of P.S.Narsapet.
- Ex.A-3 Report of Post Mortem examination dt.7-7-95.
- Ex.A-4 xerox copy of phamplet of opposite party No.1 college.
- Ex.A-5 xerox copy of Receipt issue by Opposite party No.1 for Rs.5,000/-.
- Ex.A-6 Xerox copy of paper cutting.
- Ex.A-7 Photographs of the deceased.
On behalf of Opposite party.
1. Ex.B-1 Copy of circular by opposite party No.1.
2. Ex.B-2 Proforma letter showing the fee particulars of opposite party No.1.
3. Ex.B-3 office copy of Press Release issued by Board of Intermediate Education, dt.13-6-95.
4. Ex.B-4 Letter from Board of Intermediate Education, Hyderabad to All the Principals of Govt., Private Jr.Colleges and Degree colleges, dt.1-7-95.
5. Ex.B-5 xerox copy of memo of marks of the deceased.
6. Ex.B-6 xerox copy of Intermediate I year marks register.
7. Ex.B-7 Blank circular of opposite party No.1.
8. Ex.B-8 Panchanama of the body.
9. Ex.B-9. F.I.R.
10. Ex.B-10 Report of Postmortem examination.
Sd/-
President.
