The brief facts of the case as can be gathered from the case record is that the only son of the Complainant is a student of class IV and studying in St. Xavier’s School i.e. O.P. No. 1 and the O.P. No. 2 is the Principal of the said school. The Complainant admitted his son in the month of February 2014 with payment of Rs. 8,000/- bearing Receipt No. 97 dated 11.02. 2014 and the son of the Complainant after studying there passed the Half Yearly Examination in the month of August 2014 and secured A+ in all the categories. The said student suddenly become seriously ill and was under treatment of Dr. Bhaskar Sarkar, Railway Hospital, Alipurduar Junction on and from 11.12.2014 to 25.01.2015. The doctor advised the kid of the Complainant to take bed rest as the said kid was suffering from Jaundice. The Complainant reported the matter to the O.P. No. 2 in due time and the O.P. No. 2 in presence of his friends assured the Complainant that his illness will not cause any problem with expectation for early recovery of the student. The son of the Complainant inform the cause of absence to the O.P. No. 2 with guardian signature through his “Absence & Late Record Till Mid-Term” as per rules but the student was not allowed to resume his class by the O.P. No.2 that really a thunder struck to the Complainant. After receiving the said news the Complainant then and then rushed to the O.P. No. 2 with a request to give permission to his son for attending the class. Surprisingly on the same day, the O.P. No. 2 received Rs. 492/- from the Complainant towards the charge of Uniform but that was not handed over to the Complainant till date also not allowed the student to resume his class.
That such type of act by the O.P. No.2 hampered the education of the son of the Complainant as till to date he was not allowed to resume his class. That this whimsical activity of the O.P. No. 2 the son of the Complainant as well as the Complainant suffered huge mental pain and agonies, that tantamount to deficiency in service.
Finding no other alternative the Complainant filed the present case seeking redress and relief as incorporated in the prayer portion f the complaint.
The Complainant has filed the present case against the Opposite Parties, the notice was issued upon the O.Ps, which was duly served, but none appears on behalf of the Opposite Parties for which this case was heard in Ex-parte.
In the light of the contention of both parties, the following points necessarily came up for consideration.
ISSUES/POINTS FOR CONSIDERATION
- Is the Complainant a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASON
We have gone through the record very carefully, and perused the documents filed by the Complainant. Heard the argument advanced by Complainant at a length. Also perused the Evidence on affidavit of the complainant.
Point No.1.
The Complainant being the father of the minor, Sahel Biswas has filed the present case, on behalf of the son. The present Complainant deposited the requisite fees to the O.Ps. The opposite Party No. 1 issued money receipt in favour of the Complainant’s son. Any student becomes a consumer when he attends an educational Institution and hires the services of that institution upon payment of fees for attending classes and writing examinations. He becomes a consumer when that fee accepted from him. Being the father of the minor son the present Complainant has every right to file the case before this Forum and he is Consumer U/S 2 (1) (d) (ii) of the C. P. Act 1986.
Point No.2.
The Opposite Party’s address is within the jurisdiction of this Forum. The value of the present complaint is only Rs. 90,000/- i.e. far less than the prescribed limit. Thus, this Forum has every jurisdiction to try this case.
Point No.3 & 4.
Both this points are taken up together for convenience of discussion. Evidently, the son of the Complainant took admission in the institution of O.Ps. against payment of certain amount.
It is the case of the Complainant that he admitted his son in the St. Xavier’s School and his son in the month of December, 2014 become seriously ill and could not attend the classes that was too informed to the O.Ps. Surprisingly, when the son of the Complainant after recovery went to attend the class, the O.P. No. 1 restrained him.
Annexure 2 reveals that the son of the Complainant was under treatment at Sub-Divisional Rly. Hospital, Alipurduar Junction on and from 11.12.2013 to 25.01.2015 for which he was unable to attend the class on the said period and that was informed to the O.Ps accordingly.
Evidently, the son of the Complainant went to the school on 27.01.2015 after recovery of his illness. Absence & Late Record Till Mid Term, a record book of the student reveals that the student Sahel Biswas reported the absence with signature of the guardian in the said book but the Principal did not sign on it. It also appears from the Annexure 4 that the Opposite Party received Rs. 492/- only towards the charge of Uniform of the student on 27. 01. 2015. However, he was not permitted to resume his class on the day after his recovery from illness.
In this juncture, it is pertinent to mention that the son of the Complainant was seriously ill and was suffering from Jaundice for which he had to take bed rest for one month and above. The Opposite parties were informed in due time. The Complainant has filed the Medical certificate that undoubtedly proved that son of the Complainant was suffering from jaundice on and from 11.12.2014 to 25.01.2014. Thus, considering the same the Opposite Parties ought to allow Sahel Biswas to resume his class. Being a minor student by not appearing the class he and his parents suffered mental pain and agonies, by not allowing the student in his class even after several requests, the Opposite Parties proved their deficiency in providing proper service to the student. Thus, the deficiency in service of the Opposite Parties cannot be ruled out.
In the case the Opposite Parties did not appear before this Forum even after receiving the notice and failed to contested the case, that means the Opposite Parties have nothing to challenge the allegation made by the Complainant.
Thus, the case is succeeds by unchallenged testimonies.
Accordingly, the points are decided in favour of the Complainant.
ORDER
Hence, it is ordered that,
The complaint case be and same is allowed in Ex-parte with cost of Rs. 2,000/-.
The O.Ps are directed to pay Rs.5,000/- as compensation to the Complainant, Asoke Biswas for mental pain, agony, harassment and deficiency in service.
The O.Ps are further directed to pay the ordered amount to the Complainant within 45 days failure of which the O.Ps jointly and/or severally shall pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action, as per rules.
Dictated and corrected by me.
