Punjab

Faridkot

CC/14/135

Simran Arora - Complainant(s)

Versus

Saint Marry's Convent school - Opp.Party(s)

Ashu Mittal

05 Aug 2015

ORDER

    DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :        135

Date of Institution :  7.10.2014

Date of Decision :     5.08.2015

 

1. Simran Arora minor d/o Sh Mangat Arora s/o Tehal Singh r/o Opposite Jain School, Near Baba Farid, Faridkot through her father Mangat Arora.

2. Navpreet Kaur minor d/o Partap Singh s/o Kalga Singh r/o Gurdwara Street, Harindra Nagar, Faridkot through her father Partap Singh.

3. Mangat Arora s/o Tehal Singh, r/o Opposite Jain School, Near Baba Farid, Faridkot, Teshil and District Faridkot.

4. Partap Singh s/o Kalga Singh r/o Gurdwara Street, Harindra Nagar, Faridkot

                                                                                           .....Complainant

   Versus

5. Principal, Saint Mary’s Convent School, Old Cantt Road, Faridkot Teshil and District Faridkot.

6. Council for Indian School Certificate Examination, Pragati House, 3^rd Floor, 47.48, Nehru Place, New Delhi through Chief Executive.

                                                                                               .........OPs

    

   Complaint under Section 12 of the

   Consumer Protection Act, 1986.

    

   Quorum:     Sh. Ajit Aggarwal, President,

   Smt Parampal Kaur, Member,

   Sh P L Singla, Member.

   Present:       Sh Ashu Mittal, Ld Counsel for complainant,

    Sh Atul Gupta,  Ld Counsel for OP-1,

   OP-2 Exparte.

   (Ajit Aggarwal, President)

                                    Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs for deficiency in service and for seeking directions to OPs to pay Rs 90,000/- as compensation for inconvenience, harassment and mental agony besides Rs 6,000/- for monetary loss alongwith litigation expenses.

   2                                                   Briefly stated, the case of the complainants is that complainant no. 1, complainant no. 2 and one Gunveen Kaur were students of OP-1 and passed 10^th standard from the school in March/2014. Complainants applied for admission in KV School , Faridkot and for this purpose, they required transfer certificates. Complainants approached OP-1 for obtaining transfer certificates and OP-1 handed over the transfer certificates dt 23.05.2014 to complainants under her signatures.  Complainants handed over their transfer certificates to KV School, where they were told that said transfer certificates require counter signatures of Education Officer, Council for the Indian School, Certificate Examination situated at New Delhi/OP-2. Complainants again approached Op-1 for getting counter signatures on said transfer certificates, but OP-1 showed inability to get the same done, rather gave letters handing over the documents to complainants and asked them to go to Delhi for getting the transfer certificates counter signatured from Op-2. It is contended that it is the duty of OP-1 to get the transfer certificates counter signed from OP-2, but OP-2 did not pay any heed to the genuine request of complainants and on seeing the future of complainants, complainants no. 3 and 4 being parents of same respectively went to Delhi to get these documents counter signed from OP-2 and incurred an expenditure of Rs 6000/-on this besides wasting their precious time on journey. It is further contended that complainants also served a legal notice to OP but OP gave a false reply. This act of OPs has caused great harassment and mental tension to complainants, which amounts to deficiency in service and unfair trade practice. Complainants have prayed for accepting the complaint and for seeking directions to OPs to pay Rs 96,000/- as compensation for inconvenience, harassment and mental agony and monetary loss besides cost of litigation. Hence, the complaint.

   3                                              The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 10.10.2014, complaint was admitted and notice was ordered to be issued to the opposite party.

   4                                                         On receipt of the notice, OPs filed written statement taking preliminary objections that complaint relates to the educational matter and is beyond the purview of this Forum and moreover, for such like grievances, a separate Commission is established. It is asserted that present complaint is filed by more than one person for the common cause and complainants have not taken permission of Hon’ble Forum to file this complaint. It is not maintainable and is therefore, liable to be dismissed. However, on merits, denied all the allegations levelled by complainant being incorrect and wrong and asserted that there is no deficiency in service or unfair trade practice on the part of answering opposite parties. It is further denied if complainants ever made any representation to answering OP-1 mentioning therein that certificates were required to get migration from ICSE Board to CBSE Board or any other Educational Board. Had it been done, then OPs would have issued the covering letter alongwith transfer certificates to Chief Executive and Secretary Council for the Indian School Certificate Examination for countersigning the same as only OP-2 is competent to countersign the certificate and then, Op-2 as per its rules and regulations on obtaining the transfer certificate as well as covering letter issued by OP-1 countersigns the transfer certificates. It is further asserted that complainants approached OP-1 through their fathers on 25.07.2014 for getting the countersignatures of OP-2 immediately but OP-1 tried to make them understand that the countersignatures on the transfer certificates are to be done by OP-2 at Delhi and OP-1 under its obligations issued the covering letter to the complainants to get the certificates countersigned from OP-2 and also told that if certificates are to be got countersigned through OP-1, it would take 15 days as OP-1 would get  the certificates countersigned from OP-2 through post, but complainants insisted to get the same countersigned at the spot, which was not possible. OP-2 admitted that it is their responsibility to get the transfer certificates countersigned from the OP-2 and therefore, they issued the covering letter to complainants on the same day.All other allegations and allegation with regard to relief sought too were refuted with a prayer that complaint may be dismissed with costs against the answering opposite parties.

   5                                                              Parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them.  The complainant tendered in evidence his affidavit Ex.C-7 and documents Ex C-2 to C-6 and then, closed the evidence.

   6                                                          In order to rebut the evidence of the complainant, Counsel for OP-1 tendered in evidence affidavit of Fr. Bruno C S T, St Mary’s Convent School, Faridkot as Ex. OP-1 and document Ex OP-2 and then, closed the evidence.

   7.                                      Ld Counsel for complainant argued that complainant no. 1, 2 and one Gunveen Kaur were students of OP-1 and they passed 10^th standard from the school of OP-1 in March/2014.The complainants applied for admission in KV School, Faridkot and for this purpose, they demanded  Transfer Certificate from OP-1. Op-1 handed over the Transfer Certificate on 23.05.2014 to complainants. The complainants got admission in KV School on 23.07.2014 and submitted their Transfer Certificates to KV School who told complainants that Transfer Certificates are to be countersigned by the Education Officer of OP-2. Then, complainants approached Op-1 for getting the countersignatures on Transfer Certificates, but OP-1 showed inability to get the same countersigned and asked complainants to go to Delhi for getting the countersignatures on Transfer Certificates. Op-1 gave letters and other documents to complainants for getting the countersignatures and got signatures of complainants on various papers. Complainants told OPs that it is the duty of OP-1 to get the countersignatures on Transfer Certificates but they paid no heed to the genuine request of complainants and under compelling circumstances, complainant had to bow before the demand of OP-1 and they themselves went to Delhi to get the countersignatures from Op-2, which wasted their 3 precious days and they also spent an expenditure of about Rs 6000/-. All this act of OPs amounts to deficiency in service and unfair trade practice and due to this act of OPs, complainants had to suffer harassment, inconvenience and monetary loss. The complainants also served legal notice OPs, but OPs gave a false reply. Counsel for complainants has prayed for accepting the present complaint and for compensation and litigation expenses borne by complainants.

   8                                  To controvert the allegations of complainants, ld counsel for OP-1 argued that complainants are not the consumers of OP-1 as present matter relates to education. However, it is admitted that complainants no. 1, 2 and one Gunveen Kaur were students of OP-1 and they passed their 10^th standard examination from the school of OP-1 in March/2014. They also admitted that they issued Transfer Certificate to complainants on 23.05.2014 but complainants never told them that Transfer Certificates were required for migration from ICSE Board to any other Board as if any student seeks migration from ICSE to any other Educational Board, then; it requires countersignatures of Chief Executive of ICSE. Complainants through their father approached Op-1 on 25.07.2014 for getting the countersignature of Op-2 on Transfer Certificates immediately. OP-1 told complainants that the certificates can only be countersigned by OP-2 at Delhi and OP-1 is only under obligation to issue covering letter for the same and if it would be sent through Op-1 by post, it would take about 15 days, but complainants insisted to get the same on the spot which was not   possible.  So, the OP-1 issued covering letter on the same day i.e 25.07.2014 alongwith other documents by hand to the complainants to get the Transfer Certificates countersigned from Op-2. There is no fault on the part of OP-1 as they have done their duty efficiently. There is no deficiency in service on their part and have requested for dismissal of present complaint.

   9                                                     We have heard learned counsel for parties and have very carefully gone through the affidavits & documents placed on the file by complainant as well as opposite party.

   10                                              Careful perusal of the case file shows that it is the admitted case of parties that complainants were students of OP-1 and they passed their 10^th standard examination in March/2014 and they demanded transfer certificate from OP-1 which were issued by Op-1 on 23.05.2014 and the same were not countersigned by Op-2. It was the duty of OP-1 to get the certificates countersigned from Op-2 as it is also admitted by them in their written statement. They did not even inform the complainants that it requires countersignature by OP-2, which amounts to negligence and deficiency in service on their part.  Hence, in these circumstances, we are of the considered opinion that act of OP-1 amounts to deficiency in service and unfair trade practice.

   11                                            In the light of above discussion, complaint in hand is hereby allowed . OP-1 is ordered to pay Rs 12,000/- to the complainants on account of compensation for harassment, mental agony and expenses incurred  by them alongwith Rs 3000/-as cost of litigation. Compliance of this order be made within one month of the receipt of the copy of the order, failing which complainants shall be entitled to proceed under section 25 and 27 of the Consumer Protection Act. Copy of the order be issued to parties as per rules. File be consigned to record room.

   Announced in open Forum:

   Dated: 5.08.2015

    

   Member                Member                   President

   (Parampal Kaur) (P  Singla)              (Ajit Aggarwal)