PER SHRI P.N. KASHALKAR, HON'BLE JUDICIAL MEMBER

None is present for the appellant. Respondent is represented by

Adv.Gupte. We have perused the impugned judgment, affidavit and pleadings of

he parties. We are finding that the daughter of the Respondent was admitted for

nursery class conducted by appellant Bharatiya Dnyanpith at Gondia. The total

annual fee of the school was Rs.3100/- which was to be deposited in 3

installments. Accordingly, Respondent/complainant paid Rs.1100/- on 3/8/07,

Rs.1000/- on 27/10/07, however, he did not pay the third installment within the

stipulated period. Hence the school authorities asked his daughter to stand

outside and her admission was cancelled. Hence the consumer complaint was

filed claiming refund of fee deposited besides Rs.90,000/- towards compensation

and Rs.3000/- as cost.

The opponent filed written statement and contended that if the

complainant would have deposited the third installment within the stipulated

period, the dispute would not have arisen. They had intimated the child and her

father again and again and also by telephone that they should pay the last

installment of fees but the same was not paid. School has pleaded that they are

not guilty of deficiency of service and as such the complaint should be dismissed.

The District Consumer Disputes Redressal Forum after considering the

pleadings and documents placed before it, was of the opinion that the school

subjected the child to unnecessary harassment and she was required to stand

outside the class. A nominal compensation of Rs.2000/- for physical and mental

harassment and cost of Rs.500/- was awarded to the complainant. Aggrieved by

the same, the school authorities have filed this appeal.

Appellant is absent. We heard Adv.Gupte for the Respondent. We are finding that the order passed by the District Forum is just and proper. The school should not have

resorted to such a drastic action by asking the pupil to stand outside the class

days together. It must have caused mental trauma in the mind of the said child.

Children of tender age attending nursery class should not be required to undergo

such punishment for the default committed by his/her parents. We are finding

that the order of the District Forum asking the appellant to pay a compensation of

Rs.2000/- for physical and mental harassment and cost of Rs.500/- to the

complainant is just and proper and there is no merit in the appeal preferred by

the school administration.

Hence the order…

1) Appeal is dismissed.

2) No order as to cost.

3) Inform the parties accordingly.

Delivered on 19/07/2011.