20-03-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheet.

          In spite of fixing this case for ex parte hearing. Nobody appears on behalf of the Respondent.

2.       Heard Mr. R.R. Sinha, learned counsel appearing for the appellant.

3.       On being satisfied with the grounds, the delay of about 11 days in filing this appeal is condoned.

4.       The case of the complainants in short was as follows. Complainant No.1 Raj Shubham was minor and Complainant no.2 was his father and natural guardian. The O.Ps were running Mishra’s Residential Public School Raj Shubham was admitted in Class IV in the school. In the year 2001-2002, he obtained good marks but his result started deteriorating   from 2003. Several complaints were made to improve the standard of the school. The school retrenched good and qualified teachers of mathematics and science. The school realized large sum against fees etc .Several letters were written for knowing the details of the fee collected as well as hostel charges but no reply was given.

5.       The school denied and disputed the allegations.

6.       The learned District Forum interalia found that the complainants could not prove that excess fee etc. were charged. The complainants also could not prove as to which qualified teachers were removed from the school.

However it held as follows;

“10. Ext. 9 , 9/4 show that complainant no.2 had regularly been making complaint as well as request to take proper arrangement for the desire upliftment of complainant no.1 as his improvement in the study like english, math, physics was not upto mark …..

………“It appears that the school administration being annoyed with the letters Ext. 9 to 9/4 expelled the complainant no.1 which is certainly deficiency in service of the school administration as by taking admission in the school. The opposite party were duty bound to impart letter education and moral to its student complainant no.1 Raj Subham.

          On the said discussion the complaint is allowed in part. The Opposite Party No.2 is directed to pay a sum of Rs. 10,000=00 (Ten thousand) as compensation for mental agony and harassment to the complainants and Rs. 2000= 00( Two thousand) as cost of litigation within three months of the order failing which the complainant shall be entitled to recover the same through process of law.”

7.       Thus, the learned District Forum passed the order only on the said presumption.

           In our opinion, such presumption was not based on the materials brought on the record by the parties. In the result the impugned order is set aside and the appeal is allowed.

                       Issue free copy of this order to all concerned for information and needful.

                    Ranchi,

                   Dated:-20-03-2015