(1.) THIS appeal is directed against the order passed by District Forum, Sirmour at Nahan in Complaint No.03/2006, dated 16.10.2008, By means of impugned order, complaint filed by the appellant has been dismissed. Admitted facts giving rise to this appeal are, that the appellant was a student of respondent No.2 -School, of which respondent No.3 is the Principal and respondent No.1 is the Chairperson of the said School. Appellant was a student in Class -IX during the year, 2005. As per averments made in the complaint, she was asked to join tuition classes being run by the respondent -School on payment of Rs.2700/ - per month. According to her, she declined to join these classes. As a result of it, School Management was not happy with her. All teachers of the School, who were concerned with the appellant, had been directed to insist upon the appellant to join these tuition classes. She was being ignored by the teachers for her not agreeing to this suggestion. She was administered beatings by the teachers. Her further case is that finally she was compelled to join the evening tuition classes or leave the School.
(2.) IN the aforesaid background, on 12.8.2005, parents of the appellant approached School authorities for issuing School Leaving Transfer Certificate, which was not issued to her in time, according to her. Thus, she could not get admission during this period and as a result of it, her one precious year was wasted. In the aforesaid background, Consumer Complaint No.03/2006 was filed against the respondents.
(3.) WHEN put to notice, their stand was that the District Forum had no jurisdiction to try and entertain the complaint, as there was no consumer disputes between the parties; appellant had no cause of action to maintain the same; and there was no deficiency in service on the part of the respondents. Appellant being a student of the School was not disputed, and at the same time it is also the case of the respondents, that at no point of time any student including appellant was asked to join tuition classes, and according to them, these allegations are frivolous and without any merit. Further case of the respondents as set out in their reply was, that the appellant was academically a poor student and they asked her parents to take care of her so that she improves in her studies. Allegation of the appellant that her parents had asked for School Leaving Transfer Certificate was specifically denied. It has been brought to our notice during hearing by the learned Counsel for the respondents, that the moment a student applies for School Leaving Transfer Certificate, it is issued then and there, but a formal application has to be submitted. Allegations of School Leaving Certificate having been asked for on 12.8.2005 were specifically disputed. Likewise, allegations of misdemeanour on the part of the teachers against the appellant were also denied.