BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 06 of 2015
Date of Institution : 05.01.2015
Date of Decision : 13.10.2016
Nitin Kumar son of Shri Navneet Kumar son of Shri Om Parkash, resident of Boga Ram Colony, Ward No.23, Hansi, Tehsil Hansa, District Hisar.
……Complainant.
Versus.
1. Principal, Ch. Devi Lal Govt. Polytechnic College, Village Nathusari Chopta, Tehsil and District Sirsa.
2. The Director, Haryana State Technical Education Board, Bays 7-12, Sector 4, Panchkula.
.…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA……………………….PRESIDENT
SHRI RANBIR SINGH PANGHAL……MEMBER.
Present: Sh.P.K.Berwal, Advocate for the complainant.
Sh. Abhineet Lecturer on behalf of the opposite parties.
ORDER
In brief the case of the complainant is that complainant was a student of 1st semester of Ch. Devi Lal Polytechnic College, Nathusari chopta (Sirsa) in electrical trade for the academic year 2012-2013 as well as hosteller run by the institution during the above period and he deposited all types of fee, hostel fee, security amount, electricity charges etc. He was allotted roll number as 12029090054 EE-IIA. The hostel mess of said institution is run by the Internal mechanism of elected representative of the hosteller and for that period, Sh. Jagmail Singh was the President of the Hostel Mess Committee and Sh. Mukesh Rai was the Superintendent and there were about 140 students of various classes in the hostel. On 11.1.2013, the complainant had taken breakfast as served in the hostel mess alongwith other students and went for examination on that day. However, during the test, the health condition of the complainant became deteriorated. He developed giddiness and became unconscious and he could not complete his examination and was got admitted by other students in Shivam Hospital of Dr. R.Kumar, B.A.M.S. After the medical examination of the complainant, the said doctor got conducted two laboratory tests and advised to take the prescribed medicines for three days. After receiving the report from the laboratory, the doctor diagnosed that the said ailment is due to food poisoning. It was quite obvious that the food served to the complainant was not hygienic and not properly prepared due to which he developed food poisoning which was the gross negligence on the part of hostel and mess management. Thereafter, the complainant made a complaint to Sh. Jagat Pal, Incharge of Hostel and also intimated to his father and Incharge and Principal threatened him that if he will make such complaint to anyone else, then he will be failed in his examination because giving the marks in practical examination is in their hands and further threatened to destroy his career. The complainant also informed his father regarding his ailment upon which his father and brother rushed to the college and tried to take the photographs of the meals being served in the hostel mess, but he was turned out after deleting the photo clips from the mobile phone. The college authorities never intimated to the father of complainant whereas it is the primary duty of the Principal and Incharge of hostel. The father of complainant met the Principal and hostel authority of op no.1 and raised a protest but they did not take any action rather the Hostel Superintendent terminated the complainant from the hostel in order to put a cover on their misdeeds. Then the father of the complainant moved an application to the Deputy Commissioner, Sirsa which was marked to the Sub Divisional Officer (C), Sirsa for inquiry and he submitted a vague report because the same was submitted without examining the doctor in-charge of the above Clinic and lab investigation for detailed reasons of the ailment. The College authority-op no.1 also issued threat to other hosteller with whom the complainant took the said meals for not disclosing this matter to anyone or rendering any type of help to the complainant, otherwise they will be declared fail in their examination and due to the fear, the other hostellers did not depose truth before Enquiry Officer. Due to above reason, one year of complainant was spoiled as he could not attend the college due to threats issued by Principal and Hostel Manager and even his admission was cancelled. The op no.1 did not return the relevant documents to him, due to which he could not continue his studies and could not take admission in other institution. In this manner, it is a clear cut case of gross deficiency in service on the part of ops, due to which the complainant has undergone lot of harassment and hardships as well as mental agony. As such, he is entitled to compensation of Rs.5,00,000/- and litigation expenses to the tune of Rs.10,000/- besides refund of fees deposited by him. Hence, this complaint.
2. On notice, opposite parties replied that quality of meal is checked and supervised by hostel staff as per Rules of the hostel. No complaint either by students or by hostel staff is filed with answering ops. Sh. Anil Kumar was allotted contract of boys hostel mess and the meal was provided by the said contractor, but the complainant has not included him as op in the present complaint. The complainant was admitted in the Polytechnic on 12.6.2012 and thereafter his name was struck off w.e.f. 13.3.2013 vide office order No.CDLGPNC/Admn./222 dated 13.3.2013 due to continuous absent for last 14 days. Thereafter, on the request of father of the complainant, the admission of the complainant was cancelled vide order No.242 dated 20.3.2013. Obviously, he remained in this College w.e.f. 12.6.2012 to 12.3.2013 and present complaint has been filed during April, 2015 at this belated stage, therefore, same is liable to be dismissed. It is worth consideration that the complainant has alleged that on 11.1.2013 after taking breakfast in the mess, his health condition got deteriorated, whereas as many as 140 students and 10 staff members had taken the same breakfast in the same mess at the same time, but there was no complaint from any other person. It is evident that complainant might be suffering from some other disease, therefore, his health condition got deteriorated. The complainant had been taking meal in the said mess since 15.7.2012 and he had never made any complaint in this regard. The complainant has annexed one prescription slip and one test report both dated 11.1.2013, but the prescription slip is not signed by the doctor, therefore, there is no legal value of the same. It is a sort of rough paper and nothing more. Only three types of tables and one capsule is mentioned on the prescription slip and complainant has not annexed any proof for purchase of said medicine because no cash memo/bill has been produced by him, therefore, it is doubtful as to whether the same was purchased by him or not. Remaining averments of the complaint have also been denied.
3. The complainant has tendered in evidence his affidavit Ex.C1, copy of receipt of Rs.3800/- dated 26.6.2012 Ex.C2, copy of receipt of Rs.1800/- as hostel rent Ex.C3, copy of receipt of Rs.1566/- dated 11.2.2013 Ex.C4, copy of receipt of Rs.600/- as student fund dated 11.2.2013 Ex.C5, copy of provisional admission slip Ex.C6, copy of office order no.242 dated 20.3.2013 Ex.C7, again receipts of Rs.1566/- and Rs.600/- Ex.C8 and Ex.C9, copy of prescription slip dated 11.1.2013 Ex.C10, copy of lab test report dated 11.1.2013 Ex.C11, copy of application moved to op no.2 dated 17.2.2013 Ex.C12, copy of application for cancellation of admission of complainant dated 26.2.2013 Ex.C13 and copy of application moved to Deputy Commissioner dated 11.2.2013 Ex.C14, copy of application dated 15.1.2013 Ex.C15, copy of affidavit Ex.C16 and copy of report submitted by Sub Divisional Officer (C), Sirsa Ex.C17. Ops have already placed on file documents Ex.R1 to Ex.R5 alongwith reply.
4. We have heard learned counsel for the parties and have gone through the case file carefully.
5. The complainant has placed on record copy of prescription slip dated 11.1.2013 of Shivam Hospital, Sirsa road Chopta, but there is no signatures of the doctor on the said prescription slip. There is nothing on file to prove on record that what was the reason of food poison as mentioned in the prescription slip. The complainant has not examined the concerned doctor or any other expert to prove that food poison was result of unhygienic food served in the mess of the hostel. The complainant has failed to connect the lab test report with his illness by way of expert opinion. Moreover, the complainant has been taking meal from the mess from 15.7.2012 and there is nothing on record to show that he had ever raised any objection regarding the meal prior to 11.1.2013. On the said date, as many as 140 students alongwith staff members of hostel also taken breakfast but there is no complaint from anyone. So, it cannot be said that complainant became ill due to food served by hostel mess.
6. Keeping in view of our above discussion, we see no substance in the contentions of the complainant regarding deficiency of service of ops while supplying food and the complainant is not entitled to any compensation from the ops in this regard. Resultantly, the complaint is hereby dismissed with no order as to costs. However, the opposite parties are directed to refund the amounts of Rs.1566/- and Rs.600/- deposited by complainant on 11.2.2013 and remaining fees/ security amounts/ dues to the complainant and also to hand over all the documents of the complainant to him within a period of one month after applying for the same by the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated:13.10.2016 District Consumer Disputes
Redressal Forum, Sirsa.
Member.
