K. RAMACHANDRA RAO Vs. CHAITANYA EDUCATIONAL COMMITTEE

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation ordered in CC 279/2004 by the District Forum II, Vijayawada, this appeal is filed and sought for revising the order taking into account the grounds raised in the appeal.

(2.) The facts of the case disclose that the complainants son by name K. Venkata Krishna had secured 73.4% of marks in Intermediate Examination and in EAMCET entrance he secured 12,309 rank for admission in MBBS course. As there was no certainty in getting the seat with crude rank the complainant decided to admit his son for a long time EAMCET coaching run by OP no.1. So that he may appear for second time EAMCET to be held in 2004. The opposite parties after conducting entrance test on 15.06.2003 have admitted him for the long term coaching, the total fee is fixed at Rs.39,000/- including boarding and lodging for the course which was promptly paid. The complainants son was admitted in EAMCET coaching centre situate at Siddhartha Medical College premises which is nearby to the Agricultural lands of Nagarjunasagar Canal. The complainant along with his son visited the area where the coaching centre is located and noticed that due to dampness in the lands mosquitoes are in existence in the vicinity also noticed that there was no proper maintenance and the area was surrounded by unhygienic atmosphere which was brought to the notice of warden who used to attend all preventive measures. Opposite parties also assured on this aspect. In the 2nd week of August, the complainant was informed that his son was suffering from fever and called onl; his son and on an enquiry his son informed that due to mosquitoes and unhygienic atmosphere he was affected with fever. Though opposite parties have mentioned in the brochure that there was house dispensary but actually no house dispensary facility was provided in the premises. The complainants son was taken to Amma Hospital. The warden had expressed helplessness about the unhygienic conditions. Later the complainant visited his son to find out his improvement in his health. Again, on 18.09.2003 the complainants son was affected with fever and he was informed that he was admitted in Amma Hospital but fever had not subsided. Complainants son was sent to Hyderabad for further treatment. Complainant was shocked as to the attitude of the opposite parties. The complainant questioned the 2nd OP for sending his son without any escort especially when he was suffering from fever. The Director apologized for the lapses. Seeing the unhygienic condition prevailing in the coaching premises ten students have left the institution and they were also affected with ill heath. Again on 16.10.2003 the complainants son was affected with fever and on coming to know of it he immediately rushed to Vijayawada. The complainant questioned the warden and asked him to refund the fee but the warden did not agree for cancellation. The complainant requested for refund of Rs.27,000/- and he was advised to go to main office to take refund of it. The complainants son was taken to Hyderabad where necessary treatment was given. Meanwhile, the complainants son was given an offer in B. Tech seat in Biotechnology Course in Bapatla Engineering College basing on the rank secured by him in EAMCET 2003. The complainant was not inclined to send his on for coaching centre so as to save one academic year and he was admitted in Bapatla Engineering College Bapatla on 20.10.2003. The complainants son again was affected with fever on 30.10.2003. So he was admitted in a Nursing Home at Bapatla. The complainant has taken his son to Hyderabad for further treatment and while undergoing treatment he was succumbed on 24.11.2003. The cause of death was due to dengue fever. OPs 1 to 3 declined to refund the amount stating that the amount was non-refundable. Dengue fever was due to mosquito bite which was affected due to improper hygienic conditions prevailing at OPs coaching centre at Vijayawada. The complainant complained to the health authorities and to the State authorities as to the lapses of Ops. The OPs are bound to refund the fee that was collected from him. The complainant incurred a sum of Rs.25,000/- towards transport from Vijayawada to Hyderabad. The death of the son of the complainant has caused loss but any amount of money would not compensate the loss. The complainant is entitled for a sum of Rs. 15 lakhs for mental agony suffered due to the negligence of opposite parties.

(3.) The counter filed by OP 1 was adopted by OPs 2 and 3.