N.KANNADASAN, J. - (1.) The appellant herein is the opposite party and the respondent is the complainant before the District Forum.
(2.) The complaint is filed before the District Forum alleging deficiency in service as against the opposite party under the following circumstances:- The complainant is a Ex-serviceman and retired as a major and residing at Bangalore. The complainants son who was admitted in 9th Standard in the opposite partys school during 2003. At the relevant point of time, the age of the boy was 16 years. At the initial stage, the complainants son faced certain problems from the foreign students and also condition of the hostel was not maintained in hygienic manner. The complainant has brought to the knowledge of the School Authorities about the various problems in the school to which the opposite party sent a communication on 12.11.2003 wherein it is stated that his son can directly meet School Authorities and discuss with the problems. The complainants son had certain skin problems and the School Authorities did not take any care even though it is one of the conditions that the school should take care of the minor problems of the children since it happens to be a Residential School. Later on the skin problem got aggravated and the Doctors who are not attached to the school, after examining the boy gave an opinion that cause of skin problem was due to unhygienic condition. The complainant has brought up his son in good environment, but however due to the above reasons, he has to withdraw his son from the school. Later on, the complainant issued a legal notice dated 21.01.2004 to which a reply notice was sent by the opposite party and subsequently a complaint is filed claming relief as stated therein which includes the expenditure incurred for the treatment of complainants son and refund of caution deposit.
(3.) The complaint was resisted by the opposite party that their school was established about 27 years ago and it is one of the largest residential school in the Country with about 1200 students accommodated in the hostel. According to the opposite party, even the complainant himself has appreciated in his letter dated 27.10.2003 that the child was happy with the school and teachers and with all facilities. But later on, the complainant has come forward with false allegation in his letter dated 15.12.2003. The complainant had received Rs.95,575/- from the caution deposit and the balance amount would be paid to him after settlement of other bills. It is further contended that the complainants son had skin ailment even before admission in the school and as such it cannot be suggested that due to unhygienic condition in the school the complainants son had developed skin disease. In fact the complainant suppressed the exact nature of the skin disease which is communicable one and had he furnished such details would have taken necessary steps to safeguard interest of other children.;