State Consumer Disputes Redressal Commission
Mr. Pabitra Maity vs Mr. Malay Mukherjee on 6 August, 2019
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/546/2018 ( Date of Filing : 01 Jun 2018 ) (Arisen out of Order Dated 19/03/2018 in Case No. Complaint Case No. CC/168/2017 of District Purba Midnapur) 1. Mr. Pabitra Maity S/o Mr. Samaresh Maity, Vill. Chhoto Bantalia, P.O. Bara Bantalia, P.S. - Junput Coastal(Petuaghat), Dist. Purba Medinipur, Pin -721 450(W.B) ...........Appellant(s) Versus 1. Mr. Malay Mukherjee The Principal, Sister Margaret School(presently converted into North Point Day School) 2. Mr. Kutty alias Mr. Sajid Krishnan Kutty The Owner of North Point Day School(previously known as Sister Margaret School), Vill. Sabajput(Chhhatradhara), P.O. & P.S. - Contai, Dist. Purba Medinipur, Pin - 721 401(W.B) ...........Respondent(s) BEFORE: HON'BLE MR. SAMARESH PRASAD CHOWDHURY PRESIDING MEMBER HON'BLE MRS. Dipa Sen ( Maity ) MEMBER For the Appellant: Mr. Tanumoy Paloi, Advocate For the Respondent: Mr. Debayan Sinha, Mr. Amal Kanti Das, Mr. Asish Rana., Advocate Dated : 06 Aug 2019 Final Order / Judgement PER :HON'BLE SAMARESH PRASAD CHOWDHURY, PRESIDING MEMBER
The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act") is at the behest of complainant to impeach the judgement/final order dated 19.03.2018 passed by the District Consumer Disputes Redressal Forum, Purba Medinipur at Tamluk (In short, "Ld. District Forum") in Consumer Complaint No.168/2017 whereby the complaint lodged by the appellant under Section 12 of the Act was dismissed on contest.
The appellant herein being complainant lodged the complaint before the Ld. District Forum stating that he got her daughter Suparna Maity admitted in Class-VII in the year 2012 in Sister Margaret School situated at vill- Sabajput, P.O. & P.S.- Contai, Dist.- Purba Medinipur. under CBSE Curriculum, New Delhi. When Suparna got promoted to Class-X and finally prepared for herself for the Board Examination as per CBSE Curriculum, the OP No.1 being the Principal of the said School issued a notice called 'Location Certificate' on 07.09.2015 through which he declared that the said Sister Margaret School would conduct its Class X Board examination under one 'Munam Public School, Hazaribagh, Jharkhand'. However, the said school had not issued admit cards for external students. Thereafter, Suparna appeared and passed Class-X examination under one 'Board of Secondary Education, Madhya Bharat, Gwalior (M.P.)' The complainant has alleged that he tried to admit her daughter in Class-XI after passing out of class-X from the said Board, but the educational institutions refused to admit her on the plea that 'Board of Secondary Education, Madhya Bharat, Gwalior(M.P.)' is a fake University as enlisted in the UGC Website. The complainant has alleged that he has made several complaints against the OPs before several authorities including the District Magistrate, Purba Medinipur but it yielded no result. Hence, the appellant approached the Ld. District Forum with prayer for several reliefs, viz.- (a) to direct the OPs to pay a sum of Rs. 15,00,000/- towards compensation for harassment and mental agony, etc; (b) Rs.10,000/- as costs of litigation etc. The Respondent No.1/Opposite Party No.1 by filing a written version has stated that Board of Secondary Education, Madhya Bharat, Gwalior(M.P.) not being an University there is no occasion to enlist it as a University in the UGC Website. It is enlisted on Human Resources Development (HRD) as a Board because Madhya Bharat, Gwalior(MP) is a Board of Secondary Education in MP. The OP.No.1 has also stated that knowing fully and cautiously, the complainant continued his daughter in Sister Margaret School even after she not being get registered an enrolled in Class-IX in 2014 in CBSE Board.
The Respondent No.2/Opposite Party No.2 by filing a separate written version has stated that the Sister Margaret School was not recognised under the CBSE Board and on the request of guardian of the students, the students could appear in Class-X examination through 'Board of Secondary Education, Madhya Bharat, Gwalior(M.P.)' which is not a fake institute.
After assessing the materials on record the Ld. District Forum by the impugned judgment/final order dismissed the complaint with an observation that the allegation of the complainant that board of Secondary Education, Gwalior (M.P) is a fake institute cannot be determined by a Forum constituted under the Act. Challenging the said order, the complainant has come up in this Commission with the present appeal.
We have scrutinised the materials on record and considered the submission advanced by the Ld. Advocates appearing for the parties.
Undisputedly, the appellant admitted her minor daughter Suparna in Class-VII in the year 2012 in a school named Sister Margaret School situated at vill- Sabajput, P.O. & P.S.- Contai, Dist.- Purba Medinipur, under CBSE Curriculum, New Delhi. As the said school could not obtain registration from CBSE authority, the Respondent No.1 issued a notice called 'Location Certificate' through which he declared that the board examination in Class-X will be conducted by one Munam Public School, Hazaribagh, Jharkhand. However, the said High School did not issue admit cards for external students. Subsequently, the school arranged for Class-X board examination for the daughter of appellant under one Board of Secondary Education, Madhya Bharat, Gwalior(M.P.). The daughter of appellant appeared in the examination through the said board being Roll No. 3605436005, enrolment no.0036054005 and she obtained 384 out of total 600 marks.
Now, the appellant alleged that the Board of Secondary Education, Madhya Bharat, Gwalior(M.P.) is a fake institute for which he found difficulty in admitting her daughter in Class-XI. Evidently, appellant has made several complaints to different authorities including the District Magistrate, Purba Medinipur. On the basis of that complaint an enquiry was held by Extension Officer, Mass Education Extension, Contai-I Development Block on the basis of the order passed by the District Magistrate, Purba Medinipur on 03.01.2017. The relevant portion of the enquiry report is recorded below-
"........ Miss Suparna Maity, daughter of Mr. Pabitra Maity was admitted to Sister Margaret School in class-vii. The School authority at the time of admission, informed her that she would appear CBSE examination on behalf of a school in Jharkhand, but the school was not recognised under CBSE Board. As a result, Miss Suparna Maity daughter of Mr. Pabitra Maity could not appear CBSE Class-X Board examination. Then Mr. Malay Mukherjee, Principal of Sister Margaret School arranged Class-X Board examination of Miss Suparna Maity from Board of Secondary Education, Madhya Bharat, Gwalior, M.P. Miss Suparna Maity passed the Class-X examination from that Board successfully. As per investigation, I have found that the so called Board of Secondary Education, Madhya Bharat, Gwalior, M.P. is not fake because a student named Soumyadeep Paul appeared in the Board of Secondary Education, Madhya Bharat Class-X examination from Sister Margaret School. He took admission in Class-XI of North Point Day School and got his CBSE registration number (copy enclosed). Mr Kutty and Mr. Malay Mukherjee informed me that there was a running court case regarding affiliation from CBSE of the school in Jharkhand from which the students of Sister Margaret School used to appear in the CBSE examination, but he could not show any document in this regard. Mr. Kutty and Mr. Malay Mukherjee could not show any documents of MOU between them. It is clear that there is administrative negligence from Mr. Malay Mukherjee, but the Board of Secondary Education, Madhya Bharat, Gwalior, M.P. is not fake"
Against the said enquiry report, no objection has been filed by the appellant though the said report was duly communicated to the appellant by the Block Development Officer, Contai-I Development Block vide Memo No.825/1(1)/B dated 22.08.2016. Therefore, the appellant had no reason to approach this Commission. The Ld. District Forum has rightly observed that whether an Educational Institute is fake or not cannot be adjudicated by a Consumer Forum.
Having heard the Ld. Advocates appearing for the parties and on going through the materials on record, we hold that the Ld. District Forum has rightly dismissed the complaint. Therefore, the facts and circumstances do not warrant interference with the impugned order.
Consequently, the appeal is dismissed on contest. However, there will be no order as to costs.
The impugned judgement/final order is hereby affirmed.
The Registrar of the Commission is directed to send a copy of the order to the Ld. District Consumer Disputes Redressal Forum, Purba Medinipur at Tamluk for information.
[HON'BLE MR. SAMARESH PRASAD CHOWDHURY] PRESIDING MEMBER [HON'BLE MRS. Dipa Sen ( Maity )] MEMBER