GREEN VALLEY SCHOOL Vs. JYOTSANA

JUDGEMENT

(1.) THIS appeal filed by OP is directed against the order dated 29.1.2008, passed by the District Forum VII, Sheikh Sarai, New Delhi. By the impugned order, the learned District Forum has directed the OP to pay Rs. 10,399 as refund of the fee charged with compensation of Rs. 25,000 to the complainant, who had claimed to have suffered mental tension and harassment.

(2.) FACTS , giving rise to the Appeal, precisely stated, are that complainant (Respondent before us) admitted her son, Master Surya, aged about four years in the school run by the Appellant. It is alleged by her that she admitted her son on the condition that transport facility would be available, to and fro, from Bhuyai Chowk, Mehrauli which is hardly one kilometre from the school and about 40 -50 yards away from the residence of the parents -in -law of the complainant/respondent. The Appellant/OP charged Rs. 800 p.m. for the transportation. The transport facility of the OP/Appellant was not up to the mark and satisfaction of the in -laws of the complainant. They used to wait for at least 20 -25 minutes both ways for the van on one pretext or the other. Moreover, the behaviour of the driver and of the 'aaya' (maid servant) was not good towards the family members of the complainant/respondent. On 3.10.2006 the person from the family of the complainant/respondent could not reach the stop to pick -up the child whereupon the driver of the van took the child back to school. He did not even bother to wait for 10 minutes. This was only one of incidents happened earlier also. This time the son of the complainant/respondent was taken back to the school and the members of the family had to go to the school to pick him up, when school authorities also misbehaved . On account of misbehaviour and deficiency in providing the transport facility by the Appellant/OP, the son of the complainant/respondent had to be withdrawn from the Appellant/OP school and admitted in another school.

(3.) THE Appellants contested the complaint filed by the Respondent before the District Forum, pleading that parents are supposed to pick and drop their child to a specific point and not to their homes or residence. The complainant/respondent changed the school of her child at her own wish and liking. The driver of the Van provided by the Appellant/OP never misbehaved and took every precaution in picking and dropping the child. The fees for transport was charged @ Rs. 550 and not @ Rs. 800 as alleged by the complainant/respondent. On 3.10.2006 the child was left at the fate of sick mother -in -law of the complainant without caring, who would pick -up the child. The school authorities or driver were not informed her ill -health. The driver waited for 10 minutes for the person to pick -up and thereafter seeing no one coming to pick -up the child, the driver had no option but to take the child back to the school.