DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.202 of 14-05-2013

Decided on 13-01-2014

Sohan Singh aged about 38 years S/o Jugraj Singh R/o village Laleana, Tehsil Talwandi Sabo, District Bathinda.

........Complainant

Versus

1.M.S.D Senior Secondary Public School, Raman Mandi, District Bathinda, through its President.

2.President, M.S.D. Senior Secondary Public School Raman Mandi, District Bathinda.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.Sukhmander Singh, counsel for the complainant.

For Opposite parties: Sh.Sanjeev Gupta, counsel for the opposite parties.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The instant complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The allegations of the complainant are that his minor son Akashdeep, who is studying in the 10^th class has fallen ill after drinking the contaminated water from the school water storage tank, whereas it is the duty of the opposite parties to provide the proper and adequate arrangement to provide the clean and pure drinking water in the school. The school is providing the underground water for the drinking purpose which is drawn by a submersible pump that throws the water into a storage tank to which the taps are attached, are source of various health ailments and is an open invitation to the health hazards to the students, who daily drink the water from the said taps/storage tank. The complainant and other parents of the students requested the opposite parties to take care of the hygiene; to make the adequate arrangement for the pure drinking water and not to use the underground water for the drinking purposes, but they have failed to accede to their requests. On 20.7.2012, the son of the complainant Akashdeep as well as other students consumed the drinking water from the said storage tank and taps, within a short span of time after consuming the water their condition deteriorated in the school hours itself, Akashdeep was taken to Sidhu Nursing Home, Talwandi Sabo, where he was given immediate medical aid and was sent back to home by the school for the rest. The condition of Akashdeep did not improve and he remained under treatment from the doctor on 21.7.2012 and 22.7.2012. The legs of Akashdeep had become paralytic, he was referred to Deol Bone and Joint Hospital, Bathinda on dated 23.7.2012, where he was treated. However, the condition of Akashdeep remained critical and he faced difficulty in moving the arm and leg, the treating doctor had referred him to Dayanand Medical College & Hospital, Ludhiana, where he was admitted on dated 24.7.2012 and remained admitted there upto 17.8.2012. Akashdeep is still under the treatment of DMC, Ludhiana. The complainant has spent almost the amount of Rs.5 lacs on the treatment of his son and still a tentative amount shall be borne by him on the treatment of his son. The problem occurred to Akashdeep as well as other students due to leaking of the oil of the submersible pump into the water being thrown in the water tank, as a result of which the oil mixed water being consumed by the students, the health of Akashdeep and other students deteriorated, thus there is a negligence on the part of the opposite parties who had been continuously ignoring the provision of the basic amenity to the students admitted into the school. Due to the negligence act of the opposite parties the son of the complainant Akashdeep has suffered immensely and continuously remained under the treatment of the doctors and is still incapacitated and disabled to lead a normal life and is confined to the bed most of time. Even the study of Akashdeep, who was in 10^th class has been affected and due to his poor health, he is unable to concentrate on his study. Hence the present complaint filed by the complainant to seek the directions of this Forum to the opposite parties to pay him the amount of Rs.10 lacs i.e. Rs.5 lacs on account of the medical expenses and Rs.5 lacs on account of the mental harassment and agony and to pay the litigation expenses.

2. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that the complainant has filed the present complaint in his individual capacity and not as a guardian of Akashdeep and has got no locus-standi or cause of action to file the present complaint. The opposite parties admitted that the son of the complainant was admitted in the school from 9^th onwards and was paying the school fee to them regularly. The son of the complainant often remained ill and absent from the class due to his ill health. The opposite parties denied that they are providing the underground water for drinking which is drawn by a submersible pump. There is proper installation of the RO system in the school, hence the opposite parties are providing the healthy water from the last many years and the students as well as staff of the school are drinking the water of the said RO system and no parents of the students raised any complaint to them regarding providing of the underground water. On 17.10.2012, the school authorities got conducted the analysis of the drinking water from the Medical Officer, Civil Hospital, Talwandi Sabo that is found fit for the human consumption. The opposite parties denied that on 20.7.2012, the son of the complainant fell ill after drinking the water in the school and was taken to Sidhu Nursing Home, Talwandi Sabo or after that he was sent back to the home by the school authorities for rest. The son of the complainant never fell ill in the school during the school hours much less due to the consumption of the drinking water, rather he attended the school on 20.7.2012 for full time, without any complaint and after the school hours he had gone to his house, he might have fallen ill after that. The son of the complainant was already very week and often remain ill and that may be due to some other reasons including the improper and unhygienic food at home etc. The opposite parties denied that the legs of the son of the complainant have been paralytic or he is unable to move his arms and the complainant has spent Rs.5 lacs on the treatment of his son. The opposite parties also denied that any student of the school including the son of the complainant had fallen ill due to the drinking water in the school and the oil of the submersible pump had leaked into the water being thrown in the water tank. There are about 600 students in the school and 43 staff members and RO system is installed in the school for the last many years and all the students and staff members are drinking the same water and no complaint of the adulterated water has ever been received by the school authorities either from the staff or from the students and their parents. The complainant has himself moved an application before the Principal of the school on dated 20.4.2013 for issuing the school leaving certificate of his son, in which there is no mention regarding any such incident, rather the false story has been concocted by him later on after due deliberations and consultation and has filed the present complaint with the ulterior motive to extract money from the opposite parties. The complainant had earlier filed a complaint before SDM, Talwandi Sabo on the basis of totally different facts and the same was dismissed, but this fact has been deliberately concealed by him during the pendency of this complaint.

3. The parties have led their evidence in support of their respective pleadings.

4. Arguments heard. The record alongwith written submissions submitted by the parties perused.

5. The submission of the learned counsel of the complainant is that on 20.7.2012, Akashdeep has consumed the drinking water from the storage tank and tap of the school. After consuming the water, the condition of Akashdeep had deteriorated and he was hospitalized to Sidhu Nrusing Home, he took the treatment there upto 22.7.2012 and later on he was referred to Deol Bone & Joint Hospital vide reference slips Ex.C2 and Ex.C3. The condition of the son of the complainant did not improve and he was shifted to DMC hospital, Ludhiana on dated 24.7.2012, he remained admitted there upto 17.8.2012. As per the Discharge Summary, Ex.C4, he has suffered from Tropical Myositis. Another student Amandeep Singh has filed his affidavit, Ex.C7, in support of the complainant. Likewise Mukhtiar Singh, father of Jashandeep Kaur, has also filed an affidavit in the favour of the complainant confirming the non provision of the facility of the clean drinking water in the school. The opposite parties have taken the defence that the son of the complainant remained ill and might have fallen ill due to eating of unhygienic and improper food at home or with some other reason and have denied about the drinking water and have produced the attendance register, Ex.OP1/5, vide which Akashdeep has been shown regularly attending the school upto 20.7.2012 and it is only after 20.7.2012 that Akashdeep has been marked on leave that confirms the fact that he had remained ill due to consumption of the contaminated drinking water. The opposite parties alleged about the installation of the RO system in the school, but they have failed to produce any invoice or record of the purchase of the RO system. The opposite parties have produced one job card, Ex.OP1/2, in which there is no mention of any card number or the date of the purchase of the RO system nor does it specify any date from which the job card has been prepared and whether the RO system was installed at that time of point. The opposite parties have produced one sample report, Ex.OP1/7, in which the sample of the water has been taken on dated 18.9.2012 i.e. subsequent to the date of the incident. The Tropical Myositis caused due to the bacterial infection and primary source being water in such like circumstances.

6. The learned counsel of the opposite parties submitted that the complainant is not consumer as he has filed the present complaint under his individual capacity not as guardian of Akashdeep and even otherwise, the facility of the drinking water is not covered under the 'Act' as decided by the Hon'ble Apex Court in case cited at Bihar School Examination Board Vs. Suresh Prasad Sinha, 2009 (4) RCR Civil 9. The complainant alleged that the ailment of his son has occurred due to the fact of consuming of the oil mixed water. The opposite parties submitted that there is no evidence on the record to prove that there is any mixing of oil in the drinking water, mere bald allegations are not sufficient. No test report of the drinking water of the school has been placed on file by the complainant. The complainant has not produced any record on file to prove that the alleged ailment is result of consuming of the adulterated water. Approximately, 600 students and 43 staff members are consuming the water from the same place and no complaint was ever made. The complainant has concealed the material facts that he has filed the similar application before the Sub Division Magistrate, Talwandi Sabo on dated 21.8.2012 and 6.9.2012, the allegations as levelled by the complainant were found false vide enquiry report dated 19.12.2012 and this fact has intentionally concealed by the complainant. The complainant alleged that on 20.7.2012, his son Akashdeep fell ill during the school hours, but as per the attendance register dated 20.7.2012, Ex.OP1/5, his son has attended the school for both the sessions, means full time.

7. The opposite parties have taken the legal objection that the complainant has filed the present complaint in his own capacity and not being the guardian of Akashdeep. A perusal of file reveals that Akashdeep is a minor son of the complainant and the complainant being natural guardian/next friend has filed the present complaint, hence this objection of the opposite parties is not tenable. The opposite parties have referred the law laid down by the Hon'ble Supreme Court of India in case titled as Bihar School Examination Board Vs. Suresh Prasad Sinha, 2009 (4) RCR Civil 9. With utmost regard and humility to the authority relied upon by the opposite parties, have distinguishable facts and circumstances.

8. The son of the complainant Akashdeep fell ill due to supply of the contaminated water by the school authorities of the opposite parties as they have supplied the underground water for the drinking purpose which is drawn by a submersible pump that throws the water into a storage tank to which the taps are attached, which itself is the source of various health ailments and is an open invitation to the health hazards to the students, who daily drink the water from the said taps/storage tank. The complainant and other parents of the students requested the opposite parties to take care of its hygiene; to make the adequate arrangement for the pure drinking water and not to use the underground water for the drinking purposes. On 20.7.2012, the son of the complainant Akashdeep as well as other students consumed the drinking water from the said storage tank and taps and within a short span their condition deteriorated in the school hours itself, Akashdeep was taken to Sidhu Nursing Home, Talwandi Sabo, he was given immediate medical aid there and was sent back to home by the school for the rest. The condition of Akashdeep did not improve and he continued with his treatment from the doctor on 21.7.2012 and 22.7.2012. The legs of Akashdeep became paralytic, he was referred to Deol Bone and Joint Hospital, Bathinda on dated 23.7.2012, he was treated there but his condition remained critical and he faced difficulty in moving the arm and leg, the treating doctor had referred him to Dayanand Medical College & Hospital, Ludhiana, he was admitted there on dated 24.7.2012 and remained admitted upto 17.8.2012. Akashdeep is still under the treatment of DMC hospital, Ludhiana. The problem has occurred to Akashdeep as well as other students due to leaking of the oil of the submersible pump into the water being thrown in the water tank, as a result of which the oil mixed water being consumed by the students, the health of Akashdeep and other students deteriorated.

9. The opposite parties have specifically mentioned that the son of the complainant often remained ill and absent from the class due to his ill health, for this they have not placed on file any record to show that the son of the complainant remained continuously ill and remained absent or took leave from the school. The opposite parties have placed on file a single page of the Attendance Register, Ex.OP1/5, which shows the regular attendance of Akashdeep, which is sufficient to falsify their version. The opposite parties denied that they are providing the underground water for the drinking which is drawn by a submersible pump. The opposite parties have not placed on file any evidence to prove that from what other source, they are getting the water. Moreover the opposite parties have not placed on file any document to show that they are getting the supply of the water from the Corporation/Council, if the opposite parties are not taking the water from the underground through submersible, then from which source they are getting water supply for their school?. The opposite parties have not placed on file any bill issued by any Corporation/Committee/Council/Panchayat or any documents showing seeking the water connection from any government/semi-government or local body etc. The opposite parties have failed to place on file any cogent and convincing evidence to prove that from which source they are drawing the water for the drinking purpose in the school. Further the opposite parties submitted that there is proper installation of the RO system in the school, hence they are providing the healthy water from the last many years and the students as well as staff of the school are drinking the water of the said RO system and no parents of the students raised any complaint to them regarding providing of the underground water, to prove their this version the opposite parties have not placed on file any evidence to prove that RO system has been actually installed in the school premises, for this they have produced the service card only, Ex.OP1/2, issued by Tele Purifier System, in this nothing has been mentioned that when this service was conducted. The opposite parties have also not produced on file any evidence to prove that on which source of water, the said RO system is installed, the opposite parties have neither mentioned the date of purchase of said RO system nor produced any bill in this regard that when RO system was purchased. The opposite parties have placed on file letter No.2929 dated 17.10.2012, Ex.OP1/7, regarding the water sample report which has been issued by Sr.Medical Officer, Talwandi Sabo, in which it has been specifically mentioned that on 18.9.2012, the water sample has been taken for the lab test and the water has been found consumable. This water sample has been taken 2 months after the incident, prior to this no water sample reports have been placed on file by the opposite parties, meaning thereby prior to this they have never sent their water for the lab analysis to any concerned authority, which again falsifies their version that the RO system is installed in their premises. The opposite parties have submitted that no parents or students ever raised any objection regarding providing of the underground water. All the record is lying with the opposite parties. If in case any objection raised by any of the parents or teachers or students that record might have been lying with the opposite parties, there is every possibility of concealing the record by the opposite parties, as producing of record would have gone adverse against them. The other defence taken by the opposite parties that the son of the complainant has attended the school upto 20.7.2012 for the full session, for this they have placed on file the copy of the Attendance Register, Ex.OP1/5, which shows that the son of the complainant has attended the school upto 20.7.2012. Regarding the plea of the opposite parties that the son of the complainant has attended the school for the full two sessions, there is no such record on file to prove that the attendance has been taken twice in their school, only single page of register has been produced on file. Moreover the complainant has specifically submitted that on 20.7.2012 his son fell ill due to the consumption of the contaminated drinking water in school premises. Thus the opposite parties are trying to create the defence, which is unbelievable, as only one attendance is taken by the schools in the normal course. Moreover there is no evidence placed on file by the opposite parties to prove that there is any system of taking the attendance in the school of the same batch of the students twice, thus this again falsifies their version.

10. The son of the complainant fell ill after consuming unsafe contaminated water from school, for this the complainant has placed on file the entire record. A perusal of Ex.C4 shows that the son of the complainant has been referred to Dayanand Medical College & Hospital, Ludhiana, where he was admitted on dated 24.7.2012 and remained admitted there upto 17.8.2012 with Tropical Myositis disease; everything is recorded in Ex.C4. The complainant has placed on file the bills as well as the treatment record on file of various doctors from where he got the treatment for his son Akashdeep.

11. From the facts, circumstances and evidence placed on file it has been proved that the son of the complainant has fallen ill due to the negligence of the opposite parties as they have been providing the water that is not fit for the human consumption. To support his version the complainant has exhibited the affidavit of one Amandeep Singh, Ex.C7, who has been studying in the school of the opposite parties and passed his 10+2 from that school. The relevant portion of his affidavit, Ex.C7, is reproduced:-

“2) On 20.7.2012, many students of the school of the opposite parties including deponent had consumed drinking water from the storage tank and taps installed in the premises of the opposite parties.

3) Due to the drinking of said water many students including deponent had started vomiting and their condition had deteriorated in the school hours itself. Even many students who had consumed water had been hospitalized on 20.7.2012.The son of the complainant Akashdeep who was student of Class 10 in the school of the opposite parties had also consumed the drinking water from the said storage tank of the opposite parties owing to which the condition of the son of the complainant Akashdeep had deteriorated and he was taken to Sidhu Nursing Home, Talwandi Sabo where he was given medical treatment. However, the condition of Akashdeep had not improved and the minor Akashdeep was referred to DMC, Ludhiana on 24.7.2012 where he remained admitted for almost a month.

4) The legs of the minor Akashdeep have become paralytic and this because of contaminated water provided by the opposite parties in their premises.

5) The drinking water provided in the premises of the opposite parties is underground which is drawn by a submersible pump that throws water in the storage tank. However, the opposite parties do not maintain any cleanliness of the storage tank that is the source of health-hazard to the students every now and then.

6) The students of the school as well as their parents including the deponent and his classmates had been requesting the opposite parties to take care of the health and hygiene and to make adequate arrangement for the pure drinking water but the opposite parties did not accede to any request of the deponent and the other students and parents.”

The complainant has also placed on file the affidavit of one Mukhtiar Singh S/o Sukhdev Singh R/o Phulo Khari, District Bathinda, Ex.C8. He has deposed in his affidavit that her minor daughter Jashandeep Kaur was studying in 8^th class in the year 2012 in the school of the opposite parties. He has further deposed 'That on 20.7.2012, many students of the school of the opposite parties including Jashandeep Kaur had consumed drinking water from the storage tank and taps installed in the premises of the opposite parties. Due to the drinking of said water many students including Jashandeep Kaur D/o deponent had started vomiting and their condition had deteriorated in the school hours itself. Even many students who had consumed water had been hospitalized on 20.7.2012. Akashdeep had also consumed the drinking water from the said storage tank of the opposite parties owing to which his condition had deteriorated. Akashdeep became paralytic and this because of contaminated water provided by the opposite parties in their premises. The drinking water provided in the premises of the opposite parties is underground which is drawn by a submersible pump that throws water in the storage tank. However, the opposite parties do not maintain any cleanliness of the storage tank that is the source of health-hazard to the students. The students of the school as well as their parents including the deponent and her classmates had been requesting the opposite parties to take care of the health and hygiene and to make adequate arrangement for the pure drinking water but the opposite parties did not accede to their any request'. The son of the complainant has suffered due to the drinking of the contaminated water of the school and has suffered a lot on account of his health. The opposite parties have placed on file the affidavits of their teachers and others from Ex.OP1/9 to Ex.OP1/12, in all the affidavits they have deposed that RO system is installed in the school premises and the water has been got tested on 17.10.2012. From above we conclude that the water analysis has been done on 17.10.2012 i.e. much after the incident, thus cannot be relied upon. Regarding the RO system nobody has specifically deposed that at which place of the school, the RO system has been installed. Moreover the opposite parties have not produced any bill regarding the purchase of the RO system.

The other defence taken by the opposite parties that the complainant lodged complaint before SDM, Talwandi Sabo, but the same was filed by the SDM. A perusal of report shows that the complaint before SDM has been filed due to non producing of the sufficient evidence, regarding this we opine that it was the duty of the learned SDM, Talwandi Sabo to hold inquiry and to seek the medical opinion regarding the ill health of the son of the complainant. The complainant being layman cannot procure the evidence which was required by the learned SDM to proceed with his case, hence the opposite parties cannot seek the shelter that the complainant's complaint was filed by SDM, Talwandi Sabo. It is foremost duty of the school to provide safe, pure drinking water to school children. In the case in hand the opposite parties have failed to perform their basic duty.

12. Therefore in view of what has been discussed above we are of the considered opinion that there is deficiency in service on the part of the opposite parties. Hence this complaint is accepted with Rs.20,000/- as cost and Rs.7 lacs (Sevan Lacs) as compensation on all accounts including the medical treatment and mental harassment.

13. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

14. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

13-01-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member