OSWAL BALMANDIR AND KINDERGARTEN SCHOOL Vs. NARSI NANJIBHAI

JUDGEMENT

(1.) The District Consumer Disputes Redressal Forum, Jamnagar directed the appellant-opposite party to accept the fees for the bus charges and provide the facilities of bus to Amit Chandulal and Dipak Chandulal, the children of the complainant for taking them from the nearest bus stop in Gulabnagar to Oswal Balmandir and Kindergarten of the appellant from 1.2.93 mostly holding that the appellants cannot discriminate between the students of the same institute though the residence of the two children was some distance away from the bus stop. The grievance of the respondent-complainant was that Amit and Dipak are admitted in the opponent school and the school provides the facility of two buses to several children of the school but the said facility is not provided to both the children of the complainant even though the complainant is prepared to pay the bus charges.

(2.) The appellant contended before the District Consumer Disputes Redressal Forum that the residence of both the children at Gulabnagar is far away from the bus route and, therefore, it is not possible for them to provide that facility to both the children. It was also stated that the school has not collected donation or does not get grant from the government. The other contentions that no such relief can be granted by the Forum etc. were also raised by the appellant.

(3.) The order of the District Consumer Disputes Redressal Forum is mostly based on the consideration of the discrimination amongst the children of the same school. The District Consumer Disputes Redressal Forum has however failed to consider the very basic point as to whether the Forum has any jurisdiction to grant such a mandatory relief. The Forum practically accepted that the residence of both the children is not on the same route on which the buses for transport facilities of the students of the school are plied but in view of the Forum even though it may be at some distance away it would entail some more cost but even then said facility cannot be denied.