BAL MANDIR SR SEC SCHOOL Vs. AKASH AGGARWAL

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the "State Commission") in F.A. No. 730/2011 dated 04.02.2013.

(2.) Respondent No.1/Complainant stated that he joined the Petitioner's School/Opposite Party No.1 in 2005 in class 9 and he paid a donation of Rs.17,000/- apart from the school fees, for which no receipt was given. He was a brilliant student of 12th class and obtained 84% marks in High School. He failed to attend some classes as he was ill, but whenever he was a little better, he used to attend them. Once he fell unconscious in the school premises, but no proper care was taken by the school administration and he was sent back alone. On 25.02.2009, students were invited for collecting their roll numbers, but 12 students were not issued roll numbers as CBSE had withheld their roll numbers and they were asked to come on 27.02.2010. On 27.02.2010, the Petitioner was refused roll number, due to which he fell unconscious. On that very day he rushed to Karkardooma Court and a notice was issued to CBSE. On 28.02.2010, a statement was made before the Court that all roll numbers were given to the Principal of the school. On the orders of the Court, the roll numbers were handed over at 3:00 p.m. As a result, his performance came down and because of lower percentage, he could not be admitted to a good course. Under the management quota Rs.5 lakhs to Rs.30 lakhs were demanded for a management quota seat. It was all due to the act of omission on the part of the Management and the Principal of the school. Hence, the Complaint was filed.

(3.) The Complaint was contested by the Petitioner as well Respondent No.2, whereby they have denied that any capitation fee was taken from Respondent No.1. It was also alleged that the statutory obligation under the Delhi School Education Act and Rules have not been complied. The entire story was scooped-up. Respondent No. 1 was irregular in attending school. This was regularly informed to the parents and final notice was sent on 13.12.2008. Respondent No.1 had not submitted medical certificate of his illness and undated medical certificate without the signature of the patient was for the first time produced on 26.02.2008 showing dengue as the cause of illness. His attendance was 232 out of 338. As per CBSE Rules, a student was required to put-up a minimum of 75% of attendance. The attendance of the students was intimated to the CBSE on 02.02.2009. Since the CBSE had not replied regarding condonation of attendance, the roll number was withheld. In Civil Suit order dated 28.02.2010, it was directed to issue roll number and the same was complied. As such there was no deficiency on the part of the Petitioner.