Decided on June 23,2005

Katta Prabhakar Appellant
Chaitanya Mahila Kalashala Respondents


I.VENKATANARAYANA,J - (1.)WHEN children begin to take their lives over examinations then something is very seriously wrong with the educational system today. The examinations were intended to test their aptitude and help them to make career of their choice. Unfortunately the present day examinations have become something else altogether. Scholastic aptitude has become a matter of life and death. The whole system has lost its objectivity. Stressed over the intense competition and high cut -off percentage students are driven to enroll themselves in coaching institutions which grind them mercilessly and make them write number of examinations before they take their Board examinations. The focus is on memory instead of understanding and thinking capability. The enormaus stress levels faced by the students who appear in the entrance examinations are beyond description. They are shut off from friends and normal leisure resulting in depression. The stress and strain of these coaching classes are so intensive that instead of being confident and creative they are made to believe that their entire future depends upon examination results. Ultimately the system ignores individual talent and our children are reduced to human clones. The students suffer from traumatic disorder on account of fear of examinations. It is not just the schools and coaching institutions but the parents go to the extreme levels of forcing their children to undergo rigorous discipline and push them to the extreme edge for securing highter grades. These over -zealous parents are not accepting their children as they are. It is like flogging a horse which is not fit to compete in the race. It is alarming to note that hundreds of students throughout the country taking their lives unable to face these stiff competitions and examinations which have become monsters rather than stepping stones to their career. Prof. Krishna Kumar, Director, National Council of Educational Research and Training (NCERT) says, œIt is no longer a test of creativity. Coaching institutes have cracked the code and it is who coaches you, how well drilled you are and how much money you spend on these classes that gets you in. It is not taking truly meritorious students any more. 
(2.)IN the aforementioned background the complainant who is the father of late lamented Kumari Katta Suhasini has knocked the doors of this Commission complaining deficiency of service and seeking for a direction to the opposite party to pay charges of Rs. 10,28,000 for the death of his daughter in the opposite party educational institution campus. The facts leading to the filing of this complaint under Section 17 of the Consumer Protection Act, 1986 are set out as hereunder.
(3.)FOR the purpose of appearing in EMCET examination of 2001, the complainant admitted his daughter Kum. Katta Suhasini for a long term coaching on 19.7.2000 by paying annual fee of Rs. 28,000/. This admission has been done in response to the advertisement of the first opposite party for imparting coaching for EMCET examination. After two days of joining the institution, the daughter of the complainant had handed over a letter to her friend Kum. Mekala Sravanthi who was also studying along with her in the opposite party institution. The letter written by the daughter of the complainant is dated 21.7.2000 in which she has stated that she is suffering from fever and was unable to eat food properly and not able to withstand the pressure and the hard schedule of imparting the course for EMCET examination by the first opposite party. It is her contention that the classes begin at 6.00 a.m. in the morning and ends at 11.00 p.m. every day without even giving them any respite. Even the environment of the residential college is not favourable to her and they have never taken care in spite of informing that she was suffering from high fever and she also expressed her intention of discontinuing her studies and requested the complainant to take her back.
The complainant after going through the letter written by her daughter on 21.7.2000 and for the purpose of ascertaining the welfare of his daughter he was made an STD call on 24.7.2000 at 8.00 p.m. The college authorities refused to call his daughter and the complainant persistently requested that he may be allowed to speak to his daughter. In spite of making three STD calls continuously the complainant was informed by the authorities of the first opposite party that they would not allow him to speak directly to his daughter on telephone and if there is any message it can be communicated to her through them. Since the complainant was worried about the welfare of his daughter and in order to find out the seriousness expressed by her daughter in her letter dated 21.7.2000, the opposite party asked the complainant to come to Vijayawada on 30.7.2000 and they would allow to speak to her directly. The complainant on 28.7.2000 contacted the college authorities on telephone and the college authorities refused to allow him to speak to his daughter and even refused to give any information about her health condition.


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