ST MARYS ACADEMY & ANR. THROUGH ITS PRINCIPAL, MEERUT CANTT, MEERUT UTTAR PRADESH Vs. KRISHNA MOHAN GOEL S/O. LATE BHAGIRATH PRASAD GOEL, R/O. A

JUDGEMENT

(1.) Late Rishab Goel, son of the complainant, took admission in class VI in the school namely St. Mary's Academy in the year 1998-99. The aforesaid school is allegedly attached to a hospital namely St. Luke's hospital, Saket Meerut. Late Rishab Goel was suffering from Asthma at the time he took admission in the school and the complainant, father of Rishab Goel allegedly requested the Principal of the school to take care of his health as a special case. On 21.3.2003, late Rishab Goel came to the school to appear in an examination and suffered an attack of asthma while in the school. He was allegedly taken to the residence of the Principal who expressed his inability to help him as no medical facility was available in the school. The other student informed the family of the Rishab Goel about the asthma attack suffered by him. The sister of Rishab Goel rushed to the school and took him to the clinic of a doctor where he was declared dead. Alleging deficiency on the part of the school management in rendering services, the complainant, father of Rishab Goel, approached the concerned District Forum by way of a consumer complaint, seeking a sum of Rs.18,00,000.00 as compensation.

(2.) The complaint was resisted by the opposite party which alleged that in fact the students who were playing with Rishab Goel when he suffered asthma attack came to the office, and, with the permission of the office staff, they contacted his residence. His mother told the school authorities that she shall be reaching the school with their family doctor. Later, the sister of Rishab Goel came to the school along with a Homeopathic Doctor, who advised shifting him to an Allopathic Doctor. Reluctantly, she took Rishab Goel to Doctor Khan under whose treatment Rishab Goel had been, but the life of the child could not be saved. The school management denied any negligence on their part. They also took a preliminary objection that a student cannot be said to be a consumer as defined in the Consumer Protection Act and therefore a consumer complaint was not maintainable.

(3.) The District Forum vide its order dated 06.1.2009 directed the school management to pay a compensation of Rs.10,00,000.00 to the complainant, along with an additional compensation of Rs.10,000.00 to the complainant for mental agony and torture and cost of litigation quantified at Rs.5,000.00.