RAVLEEN KAUR Vs. DAVINDER BRAR AND ORS
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Davinder Brar And Ors
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(1.) THIS appeal is directed against the order passed by District Forum, Sirmour at Nahan in Complaint No.03/2006, dated 16.10.2008, By means of impugned order, complaint filed by the appellant has been dismissed. Admitted facts giving rise to this appeal are, that the appellant was a student of respondent No.2 -School, of which respondent No.3 is the Principal and respondent No.1 is the Chairperson of the said School. Appellant was a student in Class -IX during the year, 2005. As per averments made in the complaint, she was asked to join tuition classes being run by the respondent -School on payment of Rs.2700/ - per month. According to her, she declined to join these classes. As a result of it, School Management was not happy with her. All teachers of the School, who were concerned with the appellant, had been directed to insist upon the appellant to join these tuition classes. She was being ignored by the teachers for her not agreeing to this suggestion. She was administered beatings by the teachers. Her further case is that finally she was compelled to join the evening tuition classes or leave the School.
(2.) IN the aforesaid background, on 12.8.2005, parents of the appellant approached School authorities for issuing School Leaving Transfer Certificate, which was not issued to her in time, according to her. Thus, she could not get admission during this period and as a result of it, her one precious year was wasted. In the aforesaid background, Consumer Complaint No.03/2006 was filed against the respondents.
(3.) WHEN put to notice, their stand was that the District Forum had no jurisdiction to try and entertain the complaint, as there was no consumer disputes between the parties; appellant had no cause of action to maintain the same; and there was no deficiency in service on the part of the respondents. Appellant being a student of the School was not disputed, and at the same time it is also the case of the respondents, that at no point of time any student including appellant was asked to join tuition classes, and according to them, these allegations are frivolous and without any merit. Further case of the respondents as set out in their reply was, that the appellant was academically a poor student and they asked her parents to take care of her so that she improves in her studies. Allegation of the appellant that her parents had asked for School Leaving Transfer Certificate was specifically denied. It has been brought to our notice during hearing by the learned Counsel for the respondents, that the moment a student applies for School Leaving Transfer Certificate, it is issued then and there, but a formal application has to be submitted. Allegations of School Leaving Certificate having been asked for on 12.8.2005 were specifically disputed. Likewise, allegations of misdemeanour on the part of the teachers against the appellant were also denied.
With a view to support the plea of the appellant that School Leaving Certificate was asked for on 12.8.2005, both her parents i.e. Jagdishwar Singh and Smt. Harjeet Kaur have filed the respective affidavits. These are at pages 35 and 47 to 51 of the complaint file. There is also a statement without oath of the appellant. To rebut these affidavits, evidence has been led by the respondents on the affidavit of respondent No.3, Principal of the School. So far affidavits of appellant and her parents are concerned, they are one on the question of School Leaving Transfer Certificate having been asked for from the respondents on 12.8.2005. They have gone even to the extent of stating in their respective affidavits that transfer certificate had not been given even upto this date. These affidavits are of 7.3.2007, and of the same date is the statement without oath of the appellant. On the other hand, affidavit of respondent No.3 justifies the stand taken by the respondents regarding appellant being a academically poor student and her parents having been asked to ensure that she improves. She has further stated in her affidavit that the appellant was in School upto 3.8.2005 and thereafter she did not attend the School. Further plea set out in her affidavit is, that form of appellant was sent to the CBSE on 10.8.2005. According to her, since no application was submitted for issuance of School Leaving Transfer Certificate, as such the same was not issued.;
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