DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.63 of 2019
Date of institution: 16.01.2019 Date of decision : 28.01.2019
Pukhraj Khetarpal son of Shri Kapil Khetarpal age 13 years (minor) through his mother and natural guardian Smt. Shalini Khetarpal wife of Shri Kapil Khetarpal, r/o Shiv Mandir Road, Bahadrabad, District Hardiwar, Uttarakhand.
…….Complainant
Versus
Manav Mangal Smart School, Phase-X, SAS Nagar, Mohali through its Principal/Managing Director.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Shri Ajit Singh, counsel for complainant.
Order by :- Shri G.K. Dhir, President.
Order
Complainant Pukhraj, being minor has filed this complaint through his mother Smt. Shalini Khetarpal by claiming that he had been studying in Class-VIII in school of OP. Further as per contents of the complaint, minor complainant alongwith his mother after being tortured, were thrown out of house on 13.07.2018 by his father. Thereafter, minor complainant alongwith his mother came to parent’s house of mother of minor complainant at Haridwar in Uttrakhand and started residing there. With the help of parents of mother of minor complainant, admission was got by complainant in 8th class in Delhi Public School, Daulatpur, Haridwar with condition to bring school leaving service from OP. Complainant approached OP for issuance of school leaving certificate/transfer certificate. Initially OP agreed for issue of such certificate, but thereafter it started claiming as if transfer certificate is not ready yet. Thereafter, vide letter dated 18.07.2018 sent through email, it was informed to complainant through his mother that transfer certificate cannot be issued because as per instructions received from father of minor complainant, some personal legal matter between parents of minor complainant is pending. Action of OP in refusing to issue transfer certificate is arbitrary and illegal, which is going to badly affect the study of minor complainant and as such by claiming that OP adopted unfair trade practice, this complaint filed for seeking direction to OP to issue school leaving certificate/transfer certificate. Compensation for mental agony and harassment even sought.
2. Arguments for admission purpose heard.
3. From perusal of complaint itself, it is made out that minor complainant alongwith his mother were thrown out from their house by father of minor complainant on 13.07.2018 and thereafter they started residing at parents house of mother of minor complainant at Haridwar in Uttrakhand. So certainly it is a case in which dispute regarding custody of minor is there. Complaint under Section 21 of Domestic Violence Act, 2005 has been filed by mother of minor complainant namely Ms. Shalini Khetarpal in the court of Addl. Civil Judge (Jr. Division), Haridwar. Copy of that complaint is produced on record as Ex.C-2. Perusal of Ex.C-2 reveals that grievance regarding non issue of transfer certificate by school projected by claiming as if due to intervention of father of minor complainant, said certificate not issued because of some personal legal matter between parents of minor complainant. Reference to email letter dated 18.07.2018 issued by OP in this respect is made in Para No.5 of the complaint, copy of which is produced as Ex.C-2. Through prayer clause direction sought from court of Addl. Civil Judge (Jr. Division), Haridwar by mother of minor complainant against father of minor complainant to the effect that father of minor complainant must not intervene in the maintenance and upkeep of the minor. Though this complaint under Domestic Violence Act is dated 24.10.2018, but no copy of order passed on this complaint has been produced. Whether prayer of mother of complainant for issue of direction to father of complainant not to intervene in the maintenance and upkeep of minor complainant has been granted or not, qua that no material produced on record. So this is concealment of material fact in this respect. When directions from court of Addl. Civil Judge (Jr. Division), Haridwar have already been sought against father of minor complainant for not to intervene in the maintenance and upkeep of minor complainant by his mother, then certainly parallel proceedings of this complaint not maintainable, more so when this complaint also filed with intent of getting rid of interference by father of minor complainant in non issue of transfer certificate.
4. Counsel for complainant has drawn our attention to emails dated 16.07.2018 and 17.07.2018 for arguing that earlier as a transfer case, request for issue of transfer certificate was allowed by OP school and that is why mother of complainant was required to collect transfer certificate by 18.07.2018. However, later on it was disclosed through email dated 17.07.2018 itself as if transfer certificate is not ready. Vide email dated 18.07.2018, mother of minor complainant was disclosed that transfer certificate/school leaving certificate cannot be issued because of instructions issued by father of minor complainant of non issue of same due to pendency of personal legal matter between parents of minor complainant. Even if such certificate is required, despite that the matter is already pending before Addl. Civil Judge (Jr. Division), Haridwar and as such directions therefrom can be sought as to whether father of minor complainant should intervene or not.
5. When the matter is sub judice before ordinary civil court of the land, then Consumer Commission cannot and will not entertain any claim for compensation in respect of same subject matter is the proposition of law laid down in case of Oswal Fine Arts Vs. H.M.T. 1991 CPC 43 (NC). Parallel proceedings in civil court and consumer fora qua the same subject matter cannot be permitted to continue under provisions of Consumer Protection Act is also the preposition of law laid down in case titled as V.P. Somashekar Vs. The Secretary APMC Yard III (1999) CPJ 134 and Haryana State Electricity Board Vs. Jai Dev Aggarwal, 1999 (1) MCLT 111 (Haryana State Consumer Disputes Redressal Commission). Keeping in view these preposition of law in mind and the fact that present complaint has been filed virtually for continuing parallel proceedings, qua the same subject matter regarding which complaint under Domestic Violence Act is already pending, it is obvious that this complaint is not maintainable, more so when direction has already been sought from the court of Addl. Civil Judge (Jr. Division), Haridwar for restraining father of minor complainant from intervening in the maintenance and upkeep of minor complainant. Issue or non issue of transfer certificate is a step in the direction of maintenance and upkeep of minor children and as such subject matter of the complaint pending under Domestic Violence Act is virtually the same as is the subject matter of this complaint. Moreover there is concealment of material fact as referred above and as such complaint deserves dismissal at admission stage itself and same is hereby dismissed. Copy of this order be supplied to complainant free of costs as per rules and file be indexed and consigned to record room.
Pronounced
January 28, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
