Judgment:
1. This appeal by the complainant of case No.519 of 2010 is directed against the order dated 11.11.2011 of District Forum (East) by which the complaint was dismissed.
2. In nutshell, the brief facts are that Akash Aggarwal son of the Appellant/complainant was admitted in the school of the OP in the year 2005, and besides regular fee, am amount of Rs.17,000/- was also paid as capitation fee, for which no receipt was issued by the OP. The son of the appellant/complainant is a very brilliant and shining student and in the year 2009 he was studying in class-12, but some how he become ill from time to time for which information was given to the respondent/OP. On one occasion Akash Aggarwal, son of the complainant, become unconscious, but the respondent OP did not pay any heed on any occasion and he was shunted to his house alone. On 25.2.2009 all the students of class-12 were called for issue of admit card/roll number, but to the utter surprise, the complainant, along with 12 other students, were never informed that the CBSE detained the admit card/roll No., therefore, they should come on 27.2.2009 to seek information. On 27.2.2009, when the roll No./admit card was asked from the Principal, whereupon it was told that the CBSE refused to issue the admit card/roll number. When this information was given to his son Akash Aggarwal, he become unconscious and the wife of the appellant/complainant also confined to bed. The appellant/ complainant was forced to initiate legal proceedings in the Karkardooma Court and contacted a Counsel to whom Rs.10,000/- was paid as fee and a suit was filed in the court, where the Counsel for the CBSE made a statement before the Court that no admit card/roll No. was withheld and they have been sent to the OP 20 days before. On the order of the Court, the Vice-Principal of the OP present in the court, delivered admit card/roll No. at 3.00 p.m. On account of the sheer negligence of the respondent/Op in not issuing the admit card/roll No. has caused mental agony, sheer suffering and harassment to his son and on account of this effect, he secured lesser marks than expected. On account of less marks, which resulted on the high handedness and undue harassment by the OP, the son of the appellant complainant was not admitted in a good college and thereafter a notice was sent to the OP. There was sheer and gross deficiency in service on the part of the OP/respondent and the complainant claims Rs. 19.50 lakh as compensation.
3. Both the respondents/OPs have filed the joint written statement. It is stated that the school is affiliated to CBSE, New Delhi and as such, are statutory obligations to comply the provisions of Delhi School Education Act and rules made their under and the school has no option to deviate. It is admitted that Akash Aggarwal, son of the complainant was admitted in the school in 2005 on payment of requisite school fee and making a complaint after five years on the issue has no substance. Akash Aggarwal was an average student and was irregular in the school since the beginning of the academic session 2008-09. The appellant/complainant has not submitted any medical certificate of his illness before 26.2.2008, and for the first time it was submitted on 26.2.2008. Master Akash Aggarwal was suffering from Dengue Fever from 16.10.2008 to 7.11.2009 and as per school record; his attendance was 232 out of 338 which amounts to 68.60%. As per examination byelaws of the CBSE, a student is required to put a minimum of 75% of attendance counted from the opening of classes up to 1st of the month preceding the month in which the examination commences under clause 13 of the said byelaws. Shortage up to 15% of the attendance can be condoned by CBSE under clause 14(ii) of the examination bylaws only in exceptional circumstances. It is also admitted that the complainant has filed a civil suit in the Administrative Civil Judge. In pleedings also on 28.2.2010, Counsel for the CBSE appearing before the Civil Judge agreed to condone the attendance and admit card/roll numbers were issued, and therefore, appellant/complainant is not entitled to claim any relief.
4. The District forum vide order dated 5.12.2011 dismissed the complaint.
5. Being aggrieved by the aforesaid order dated 5.12.2011, dismissing the complaint, the complainant preferred the appeal.
6. We have heard Counsel for both the parties and perused the material on record.
7. At the outset, it would be worthwhile to mention that the appellant/complainant has filed the various documents with regard to fulfillment of all the requirement of all the byelaws of the CBSE, but it was incumbent on the part of the school i.e. respondent to take steps for the issue of admit card/roll number to all the students. On going through the order of the District Forum, we find that the District Forum has not considered the various papers, which have been submitted by the Complainant, therefore, we are constrained to hold that the findings recorded by the District Forum against the appellant/complainant is biased. The crux of the matter is that despite the submission of the medical certificate to the school, it has not taken any step to send the papers and to obtain the condonation for shortage of attendance. The paper No.21 goes to show that the son of the complainant was suffering from Dengue fever from 16.10.2008 to 7.11.2008 and this has been recorded by the Principal himself in as much as it bears the signature of the Principal. The complainant has also filed the various medical certificates of the concerning doctor who examined Akash Aggarwal that Akash Agarwal was being medically treated by the concerning doctors who issued the certificates. The plea of the counsel for the respondent/OP is devoid of all force to the effect that the appellant/complainant has not submitted the medical certificates, which speaks itself voluminously against the respondent OP. It is germane to note that all these medical certificates have been submitted much in advance and it was the prime duty of the school to forward all these medical certificates to CBSE for obtaining contonation for shortage in the attendance.
8. The appellant/complainant has filed a copy of the information of the RTI wherein it is specifically stated that on 11.2.2009 the CBSE has asked the school with regard to the condonation of shortage of attendance in respect of 13 students (including Akash Aggarwal) under Rule 14(III) as to why the recommendations have not been made for the condonation of shortage of attendance and only on 26.2.2009 at 4.00 p.m. the list of such students was sent to CBSE without any recommendation. This shows not only sheer negligence and deficiency on the part of the school in withholding the admit card/roll number whose life is at a stake as all these 13 students, including Akash Aggarwal, were to appear in class-12 examination so that they may take good marks and take admission in good college for further education. In answer No.4, the CBSE has answered that the admit card/roll No. were already sent to the school. The admit card/roll No. was not deliberately delivered to Akash Aggarwal, son of the complainant for no reason, and therefore, the appellant/complainant has to seek legal course in the court of law and on the same day Civil Court directed to deliver the admit card immediately. The appellant/complainant has to seek the recourse in the court of civil law on account of willful and deliberate inaction in not sending the medical certificate to the CBSE at the right time and the only object of the school was to withheld the admit card/roll No. of 13 students including Akash Aggarwal. The action of the school is uncalled for and it is not expected from a school to adopt such malpractices.
9. Now adverting to the assessment of amount of compensation, in this case the complainant prayed for the award of compensation of about 19.5 lakhs. He must emphasize that court has to strike a balance between inflated and unreasonable demands of the complainant and equally untenable claim of the OP saying nothing is payable. We must also emphasize that sympathy for such person does not, and should not give, in any way, in making the correct assessment, if the case is made different, court must not be chery of awarding adequate compensation. The adequate compensation on that way almost to some extent be a rule of thumb measure and balance as to be struck of, it would be difficult to satisfy all the parties concerned.
10. It must be borne in mind that it is a matter of observation that every parent has a very strong desire and will take every step to impart education to their children by spending any money. In this case, Akash Aggarwal was to appear in 12 class examination in order to chose his life and if the admit card/roll number is not supplied by the school, for the reason best known to it, the entire life of the son of the complainant would be ruined.
11. After mulling all the facts and circumstances of this case, this appeal is allowed and order dated 5.12.2011 of District Forum (East) is hereby set aside, and the complaint is allowed to the extent that Principal and Chairman, Bal Mandir Sr. Sec. School, Defence Enclave, Vikas Marg, Delhi shall pay Rs.75,000/- (seventy five thousand) as compensation for mental agony, harassment and sheer suffering, inclusive of all the litigation charges, within 30 days. In case this amount is not paid within 30 days, the OP/respondent shall pay interest @ 9% p.a. till the date of its realization.
12. It is made clear that there is no liability of the CBSE in this case.
13. Let a copy of this judgment be sent to Director, Directorate of Education, Govt. of NCT of Delhi, Old Secretariat, Delhi to initiate proceedings for cancellation of recognition/affiliation of Bal Mandir Sr. Sec. School, Defence Enclave, Vikas Marg, Delhi and inform the State Commission.