Order No. 31 dt. 07/07/2017
The case of the complainant in brief is that the complainant’s son Master Agnibha Bhattacharjee got admission in the school of o.ps. in the year 2006. The said student passed the examination regularly. On 27.2.12 the complainant received a letter from o.p. no.1 along with a transfer certificate that the son of the complainant has been given transfer certificate with effect from 1.3.12. On receipt of the said letter the mother of the student wrote a letter to ascertain as to why the transfer certificate was issued. Because of such issuance of transfer certificate to the student i.e. the son of the complainant Agnibha Bhattacharjee mentally became upset and though he was admitted to another school but the student received mental shock. The complainant thereafter demanded the amount paid by the complainant to o.ps. but a cheque of amount of Rs.2850.10 was sent to the complainant which the complainant did not accept. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to refund an amount of Rs.5225/- and interest @ 10% per annum along with compensation of Rs.8 lakhs and litigation cost of Rs.10,000/-.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that as per the school record Agnibha Bhattacharjee was admitted in o.p. school in the year 2006. At the time of such admission the father of the student i.e. the complainant himself in his own hand writing filled up the admission form and also agreed to abide by rules and regulations of the school. Because of introduction of ROPA 2009 and to implement the same to the staff members of the school, the school authority was compelled to modify the pay structure. All the guardians including the complainant started agitation at that point of time and the complainant instigated the guardians with the help of antisocial elements damaged the school properties, assaulted the teachers including the administrative officers of the school. Because of such illegal acts on the part of the complainant the o.p. school after conducting a meeting of the committee members and decided to issue transfer certificate to the said student. Accordingly the transfer certificate was sent to the complainant. The complainant behaved with the teachers in such manner which was unbecoming for the guardians to do in respect of the damages of the furniture of the school whereby the son of the complainant is a student of the school. The behavior, temperament and gesture shown by the complainant was not acceptable by the school authority and thereby the school authority had no other alternative but to issue the transfer certificate for avoiding the future trouble the complainant could have raised with other guardians of the school along with antisocial element of the locality. The school authority after demand of the amount paid by the complainant refunded an amount of Rs.2225/- which was not accepted. The o.ps. are still agreeable to pay the said amount. Since there was no deficiency in service or unfair trade practice adopted on the part of o.p. / school therefore the o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the son of the complainant was a student at the relevant point of time?
- Whether the school authority issued a transfer certificate to the student because of misbehavior and inciting the other guardians to agitate against the school for enhancement of school fees?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the student suffered at all any mental trauma due to transfer certificate?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant’s son took admission in the said school and he was all through promoted. The complainant’s son never created any disturbance to the school authorities but all on a sudden the transfer certificate was issued by the school authority for which the student Agnibha Bhattacharjee became mentally shocked and he was traumatized though he was taken to different places including Digha, but his mental agony was not reduced. Because of such act on the part of school authority the complainant and his son suffered both mental anxiety and due to such loss suffered by them the complainant prayed for refund of Rs.5225/- and compensation.
Ld. lawyer for the o.ps. argued that the school fee structure was modified due to introduction of pay commission’s recommendation in 2009 and the nominal fee was enhanced in respect of the students of the school. The complainant along with other guardians of the school and antisocial started to create trouble outside the school even they attacked the staff members of the school and the administrative officers also. They broke the school gate and assaulted the teachers. Since the behavior and the indiscipline attitude shown by the complainant could not be accepted by the school authority and the school authority had no other alternative but to issue the transfer certificate to the student. Since at the time of admission of the school the complainant himself agreed to abide by the rules and regulations of the school. There was no deficiency in service or unfair trade practice or the school had any intention to create any mental agony to the student. In order to avoid the father of the student to create further trouble in the said school the transfer certificate had to be issued. In view of the said fact o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the son of the complainant was a student of o.p.. school. It is also admitted that the school is a renowned school in Kolkata. It is also admitted fact that at the time of admission the father of the student agreed to abide by the rules and regulations of the school. It is also found from the materials on record that due to implementation of the recommendation of the pay commission and also to pay the enhanced salary to the teachers the school had to modify the fees. Because of such modification of fees though it as a moderate hike of the fee structure the complainant took the leading role for creating disturbance against the school authority so that the proposed hike cannot be implemented by the school authority. In order to feedfat their ill desire the teachers were attacked, school properties were damaged and the police had to intervene due to such unruly behavior by the guardians of the students let by the father of the student i.e. the complainant of this case. The school authority after ascertaining the leading role of the complainant took the action against the student because the complainant himself flouted the rules and regulations of the school. The school authority finding no other alternative issued the transfer certificate to the student and sent the amount after deducting some amount and a cheque was issued to that effect, but the same was not accepted by the complainant. The complainant in order to prove that there was any mental agony or the student became traumatized because of such issuance of transfer certificate the complainant could not file any document to that effect. The complainant could not file the medical documents to prove the said fact, but in order to have some illegal gain the complainant demanded excessive amount of Rs. 8 lakhs towards compensation which the complainant failed to prove. Therefore, we are not inclined to pass any order regarding the compensation claimed by the complainant. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.389/2012 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to pay a sum of Rs.5225/- (Rupees five thousand two hundred twenty five) only to the complainant along with litigation cost of Rs.2000/- (Rupees two thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
