SANJAY PUBLIC SCHOOL Vs. RAM TIRATH

JUDGEMENT

(1.) THIS is an appeal filed against impugned judgment and order dated 19.10.2004 passed by the District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (for short hereinafter to be referred as District Forum) in Complaint Case No. 65 of 2004 vide which the appellant Sanjay Public School, Sector 44, Chandigarh and respondent No. 2/O.P. No. 1 -The Principal, Adarsh Model School, Colony No. 5, K -Block, (Jail Road), Chandigarh have been directed to pay a sum of Rs. 8,400/ - to the respondent No. 1/complainant. The District Forum further awarded a sum of Rs. 40,000/ - as compensation on account of physical harassment and mental agony despite Rs. 2,000/ - as costs of litigation. The order was directed to be implemented within a period of two months failing which the amount of Rs. 48,000/ - was to carry interest @ 6% per annum till actual payment.

(2.) THE facts of the case lie in a narrow campus. As would appear from the perusal of the complaint filed by the respondent No. 2/complainant Shri Ram Tirath, he got his two sons named Niraj Kumar and Ashish Kumar admitted for taking examination of Class 10th in O.P. No. 1/respondent No. 2 -Adarsh Model School. The averment made in the complaint is that the Principal of Adarsh Model School/O.P. No. 1 had assured about providing due services for facilitating the taking of examination of Class 10th vide study material etc. and later on demanded payment of a sum of Rs. 10,000/ - for providing the study material etc. The case of the complainant further is that roll numbers were allotted to his two sons but the O.P. No. 1 backed out and did not supply the study material etc. and did not even arrange for proper coaching as a result of which one full precious year was wasted and it adversely effect the future career of his two sons. The complainant sought compensation of Rs. 2 lacs against the O.P. Nos. 1 to 4.

(3.) OUT of the four O.Ps. O.P. No. 2 -Sanjay Public School/appellant had filed written statement whereas the O.P. No. 1 -The Principal, Adarsh Public School did not file any written statement. O.P. Nos. 3 and 4 filed joint written statement denying the allegations of deficiency in service on their part and vide impugned judgment and order, they have been let -off and no liability has been fastened on O.P. Nos. 3 and 4. The appellant/O.P. No. 2 -Sanjay Public School felt aggrieved with the impugned judgment and order passed by the District Forum and the present appeal has been filed by O.P. No. 2 -Sanjay Public School.