Andhra Pradesh

Chittoor-II at triputi

CC/44/2018

G.Renuka Prasad Reddy, aged 15 years (Minor), Rep. by his mother and natural guardian G.Jayalakshmi, W/o. Late G.Vasudeva Reddy - Complainant(s)

Versus

The Head Master, Narayana English Medium High School - Opp.Party(s)

National Association of Consumers (NAC), Regd.

30 Nov 2018

ORDER

Filing Date: 30.06.2018

Order Date:30.11.2018

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.T.Anand, President (FAC)

               Smt. T.Anitha, Member

 

 

 

FRIDAY THE THIRTIETH DAY OF NOVEMBER, TWO THOUSAND AND EIGHTEEN

 

 

 

C.C.No.44/2018

 

 

Between

 

 

G.Renuka Prasad Reddy,

Aged about 15 years (minor),

Rep. by his mother and natural guardian G.Jayalakshmi,

W/o. late. G.Vasudeva Reddy,

Aged about 50 years,

Residing at Udumuvaripalle Village,

Pullampet Post and Mandal,

Kadapa District.                                                                               … Complainant.

 

And

 

 

The Head Master,

Narayana English Medium High School &

Group of Narayana Educational Institutions,

S.M.P.S. Campus,

Srinivasamangapuram,

Tirupati Rural – 507 101.                                                               …  Opposite party.

 

 

 

 

            This complaint coming on before us for final hearing on 23.11.18 and upon perusing the complaint and other relevant material papers on record and on hearing President, National Association of Consumers (NAC), on behalf of complainant, and opposite party remained exparte, and having stood over till this day for consideration, this Forum makes the following:-

 

ORDER

DELIVERED BY SRI. T.ANAND, PRESIDENT (FAC)

ON BEHALF OF THE BENCH

           

            This complaint is filed under Section –12 of C.P. Act 1986, seeking direction to the opposite party to issue Transfer Certificate, Sixth and Seventh class marks memos to the complainant, to pay an additional amount of Rs.2,300/- paid by him along with interest at 24% p.a., to pay Rs.20,000/- towards expenditure spent for treatment of complainant for root canal treatment and ear treatment with interest at 18% p.a., to pay Rs.3,00,000/- towards compensation for mental agony due to deficiency in service on the part of opposite party and to pay costs of the litigation.

            2.  The complaint averments are as follows:-  The complainant is minor aged about 15 years, represented by his mother and natural guardian G.Jayalakshmi, and she stated that her son after completion of 5^th class in Keshava Reddy School, joined Narayana Educational Institution, for better education, in the academic year 2015-16 in 6^th class, by agreeing to pay Rs.65,000/- per annum, vide admission No.50999888. The said fee includes residential facility also. In the month of November 2016 one of the staff members of Narayana Educational Institution (hereinafter called NEI) questioned him for late payment of fee and slapped him on the cheek, due to which he fell down on the table and sustained injuries, resulting in breaking of teeth and bleeding in the ear. When the complainant informed the same to her, she rushed to the school and paid fee installments and took away her son for treatment. She had paid Rs.1,32,300/- towards fees on different dates out of her hard earnings to NEI for which receipts were issued. On completion of 7^th class by her son, she asked NEI to issue Transfer Certificate, Marks List, Study and Conduct Certificates, and Date of Birth certificate, all in originals. But NEI issued only Study and Conduct certificate of her son and demanded additional amount for issuing transfer certificate and marks list to her son. Approximately, she spent Rs.20,000/- for root canal treatment and ear treatment for her son. The transfer certificate and marks lists are very essential for her son to prosecute further studies. Inspite of several requests made by her and issuing notice to NEI, they have not acknowledged the legal notice and did not issue the transfer certificate and marks lists, and the same amounts to deficiency in service on the part of opposite party. Hence the complaint.

            3.  The opposite party remained exparte, though notice was served on them.

            4.  On complainant side, complainant’s mother filed chief affidavit as P.W.1 and Exs.A1 to A6 are marked.

            5.  The point for consideration is whether there is deficiency in service on the part of opposite party? If so, to what extent the complainant is entitled for the reliefs sought for?

            6. Point:-  In the chief affidavit P.W.1 stated that she paid Rs.1,32,300/- towards fee on different occasions to opposite party out of her hard earnings, for which receipts were issued, and the details of payments were also given in the affidavit. In order to prove the payment of total fee of Rs.1,32,300/-, Ex.A1 bunch of receipts were filed. Ex.A2 is Study and Conduct Certificate issued by opposite party in favour of complainant G.Renuka Prasad Reddy, it shows that he studied in opposite party institution during the period 2015-17. Ex.A3 is representation dt:17.04.2018 by G.Jayalakshmi, mother of the complainant to the Principal, Narayana International School, Tirupati, SMPS Campus, stating that in the month of November 2016, her son was beaten by staff of the opposite party, due to which he fell on the table and sustained injuries resulting in breaking of teeth and bleeding in ear. Ex.A4 is legal notice dt:27.04.2018 addressed to opposite party stating that the total amount of Rs.1,32,300/- was paid in piece meal on different dates and when she asked for issuance of Transfer Certificate, Marks Lists, Study and Conduct Certificate to her son, the management issued only Study and Conduct Certificate and refused to issue T.C. and Marks Lists by demanding an additional amount of Rs.20,000/-. Further she also stated in the legal notice that she spent Rs.20,000/- for treatment of her son with regard to root canal treatment of teeth and ear problem. Further, she stated that several requests were made to opposite party for issuance of T.C. and Marks Lists, but the management of opposite party failed to issue the same, which amounts to deficiency in service. Ex.A5 is returned cover with endorsement ‘Refused’. Ex.A6 is the certificate issued by Sri Venkateswara Dental Clinic, Rajampet, Kadapa District, to the effect that G.Renuka Prasad Reddy (complainant herein) had taken treatment in his clinic for the upper left side teeth problem from August 2017 to October 2017, for which Rs.2,200/- was paid.

            7.  The opposite party did not contest the matter and remained exparte. The documentary evidence shows that complainant G.Renuka Prasad Reddy, studied in opposite party institution during the period 2015-17. Ex.A1 bunch of receipts shows that fee of Rs.1,32,300/- was paid for two years (Rs.65,000/- per annum) as per oral agreement. There is no reason why the opposite party did not issue the Transfer Certificate and 6^th and 7^th Class Marks Lists to the complainant at the end of completion of 7^th class. In our view,  it amounts to deficiency in service on the part of opposite party and accordingly relief (A) sought by the complainant is granted as prayed for. With regard to (B) relief there is no justification for asking return of additional amount of Rs.2,300/- paid by the complainant and accordingly relief (B) cannot be granted. With regard to (C) relief, complainant claimed Rs.20,000/- towards medical treatment of her son. There is no documentary evidence to show that complainant had root canal treatment and ear treatment by spending Rs.20,000/-. No doubt a document (Ex.A6) is filed showing that complainant took treatment in Sri Venkateswara Dental Clinic, Rajampet, but the doctor who issued the said certificate was not examined in this case, and the evidence affidavit also not filed, and as per the document also he has charged only Rs.2,200/-. Any way Ex.A6 has no evidentiary value in the absence of evidence affidavit filed by the doctor. Hence, relief sought under captioned (C) in the prayer portion cannot be granted. With regard to (D) relief, complainant is demanding Rs.3,00,000/- towards compensation for undergoing mental agony and physical strain due to deficiency in service on the party of opposite party. We are of the view that due to refusal to grant T.C., 6^th and 7^th class marks lists to the complainant, certainly he must have undergone mental agony. Hence, a reasonable amount can be awarded towards compensation. Accordingly Rs.5,000/- is awarded towards compensation under caption (D) in the prayer portion. We also hold that complainant is entitled for Rs.2,000/- towards litigation expenses. Accordingly, this complaint is allowed.

            8.  In the result, complaint is partly allowed directing the opposite party to issue Transfer Certificate and Marks Memos of 6^th and 7^th standard to the complainant, and also to pay Rs.5,000/- (Rupees five thousand only) towards compensation, besides Rs.2,000/- (Rupees two thousand only) towards litigation expenses. One month time is granted to comply with the order, failing which the compensation amount of Rs.5,000/- shall carry interest at 9% p.a. from the date of this order, till realization. 

           Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 30^th day of November, 2018.

 

       Sd/-                                                                                                                      Sd/-                                       

Lady Member                                                                                               President (FAC)

 

 

APPENDIX OF EVIDENCE

 

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1:  G. Jayalakshmi (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

-NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Original Cash Receipts for Fee issued by the Opposite Party (18 Receipts).
	Attested photo copy of Study & Conduct Certificate bearing ADM.No.482/2015-16 issued by the Opposite Party. Dt: 13.04.2018.
	Request letter Dt.17.04.2018 along with Postal Receipt sent by the Complainant to the Opposite Party.
	Legal Notice. Dt: 27.04.2018 sent to the Opposite Party.
	Postal Cover refused by the Opposite Party along with Ack. Due.
	Original copy of Doctor Certificate Dt: 15.04.2018 & Prescriptions 4 in Number.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

 

                                                                             

                                                                                                                        Sd/-

                                                                                                                President (FAC)

     // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

          Dist. Consumer Forum-II, Tirupati.

 

   

   Copies to:- 1.  The complainant.

                        2.  The opposite party.