BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)
DATED THIS THE 21st DAY OF JANUARY, 2023
PRESENT
SRI RAVI SHANKAR – JUDICIAL MEMBER
SMT. SUNITA C.BAGEWADI - MEMBER
COMPLAINT Nos. 262/2014 and 263/2014
1. Complaint No.262/2014:
Smt.Pramila Asha
W/o Richmond Tandi
Aged about years, ….. Complainant/s
At: No.23, Ground Floor,
5th Cross, 2nd Main,
Balaji Nagar,
Bengaluru- 560 029
2. Complaint No.263/2014:
Smt.Bhagyalakshmi,
W/o late B.V.Janardan,
Aged about 40 years,
C/o. No.22, 12th Cross,
Swimming fool Extension,
Malleshwaram,
Bangalore-560 003
(By Sri.Vishnu Hegde, Advocate)
V/s
1. Mary Immaculate Girls High School,
Represented by its Chairmen,
2. Miss.Mariya Lyla,
The Principal of Mary Immaculate Girls
High School,
3. Miss.Filomina,
The Teacher of Mary Immaculate Girls
High School,
…. Opposite Party/s
All are having common address at
Ms/ Mary Immaculate Girls High School,
12th Main, 15th Cross, Wilson garden,
Bangalore city, Karnataka – 560 030
(Opposite Parties are same in both complaints)
(OP.Nos.1 to 3- By Sri.H.S.Chandramouli, Advocate)
COMMON ORDER
BY SRI RAVISHANKAR, JUDICIAL MEMBER
The Opposite Parties are same in both complaints and the complainants are different. The facts involved in the complaints are one and the same. Hence, for the sake of convenience, these two complaints have taken up together to pass a common order.
2. The complainants filed these complaints against the Opposite Parties alleging deficiency of service and prays for direction against the Opposite Parties to pay a sum of Rs.50,00,000/- each complainants as compensation for deficiency of service and pay a sum of Rs.1,00,000/- each complainants as litigation expenses and grant such other relief deems fit in the interest of justice and equity.
3. The brief facts of the complaints are that, both complainants are the parents of deceased students one Kumari.Sonali in complaint no.262/2014 and one Kumari.Priyanka in complaint no.263/2014 both deceased students were students of Opposite Party No.1 School aged about 15 years and they were studying at 10th standard at Opposite Party No.1 School. During the School period the Teachers and Principal of the Opposite Party No.1 School have given torture to both deceased students and harassed severally, particularly the Principal Miss.Mariya Lyla and Miss.Filomina always abused the students though these students are meritorious students and claver and also participated in all social activities. In spite of that they have given such an harassment and spoken that “Go and Die” on all occasions. Despite from the said statements and abetments the deceased students have committed suicide during the vacation of the school i.e. on 18-3-2014 the death of the said students are only due to abetments made by the Opposite Party No.1 Principal and Teachers i.e. Opposite Party Nos.2 and 3. There is no any other reasons to commit suicide expect abetment made by the Opposite Party No.2 and 3. During the death of the said students, the complainants suffered love and affections and they have given police a complaint alleging abetment to suicide, defamation, discriminatory ill treatment to the students. The police have also registered the complaint against the Opposite Parties, due to death of the said students, the complainants suffered love and affection and financial loss as they are meritorious students after completion of education they would have look after the complainants by earning, due to uncertain death the complainants suffered financial loss to the tune of Rs.15,00,000/-. Hence prayed for compensation to the tune of Rs.15,00,000/- from the Opposite Parties and also prayed for Rs.1,00,000/- towards litigation expenses.
4. After service of the notice, the Opposite Parties have appeared through their counsel and filed version and contended that the complainants are not a consumers within the meaning of Consumer Protection Act. The entire averment made in the complaints does not disclose that there is any deficiency of service on the part of these Opposite Parties. This Commission has no jurisdiction to entertain the complaints as there is no any relationship of consumer and service provider and prayed for the dismissal of the complaints.
The Opposite Parties further contended that the daughters of the complainants were studying in Opposite Party No.1 School and Opposite Parties No.2 and 3 are the Principal and Teacher respectively, but it is denied that the daughters of complainants were instigated for death with abatement, recklessness and negligent services of the Opposite Parties. It is false to say that the Opposite Party No.2 and 3 have caused fear, threat, abatement to commit suicide, defamed, ill treated and discriminately treated the deceased students. Further they have not violated any human and child rights as alleged by the complainants. The said allegations are not fall within the purview of Consumer dispute/deficiency of service.
The Opposite Parties further contended that the deceased students were persuading their studies in 10th standard at Opposite Party No.1 School. As per school records the deceased students were 15 years aged but it is denied that they were having a good academic progress recognizable personality and involved in curricular as well as extra-curricular activities in the high school or otherwise. Further the deceased students were not treated differently and they have made discrimination in the school. The Opposite Parties No.2 and 3 have admitted all the students in equal treatment and they have not so many discrimination to the deceased students. The teachers and principal are friendly to the students and they have not abated any suicide to the deceased students. These Opposite Parties used keep constant vigilant on the students to see that none shall waylay them. They had no occasion suspect the movements of either deceased Priyanka or Sonali and to go for added alertness as no misbehavior, insincerity, absenteeism or suicidal tendency was ever reported either by the parents or co-students. Hence they are not liable for the death of the said students.
The Opposite Parties further contended that as per the complaints Priyanka and Sonali committed suicide on 18-3-2014 at about 8.30 a.m. In fact on that particular day there were no classes for 10th standard in view of examinations. The incident had not occurred during the school hours. Hence there is no negligence or wrongful act could be attributed to these Opposite Parties. They have provided a vacation for 10th standard as there was examination was conducted. Therefore the allegations made by the complainants are all false the complainants have filed the complaints vexatious and the complaints are misconceived and self service in order to gain wrongfully, they have filed false complaints. Hence prays to dismiss the complaints.
5. Both complainants have filed their affidavit evidence and marked the documents in CC.No.262/2014 as Exs.C1 to C16 and in CC. No.263/2014 as Exs.C1 to C14. The Opposite Parties have filed their affidavit evidence along with some documents and not marked the documents.
6. We have heard the arguments from both sides.
7. On perusal, the following points will arise for our consideration;
- Whether there is any consumer dispute arose in the complaints?
- Whether the complainants are entitled for relief claim?
- What Order?
8. The findings to the above points are;
Point No.1: In the negative.
Point No.2: In the negative
Point No.3: As per final order
R E A S O N S
9. Point Nos.1 to 3:- On perusal of the pleadings, affidavits and documents produced by both parties, we noticed here that on 18-3-2014 both Kumari.Priyanka and Kumari.Sonali committed suicide for the best reasons to known them. The complainants alleged that an abatement on the part of the Opposite Parties No.2 and 3 who were the Principal and Teachers of the Opposite Party No.1 School which led these students to commit suicide and alleged that the Opposite Party No.2 and 3 have ill treated these students during classes and also abused lot by using filthy languages such as go and die, you are useless etc. Finally the students have committed suicide on 18-3-2014 and alleged deficiency in service and filed a complaint before this commission and claimed for compensation to the tune of Rs.50,00,000/-each.
10. On the other hand, the Opposite Parties have taken contention that, all the students are treated equally at the class hours, the Opposite Party no.2 and 3 have not abused the students who have committed suicide. These students have committed suicide only during vacation of the school, the death of the said students nowhere related to the teachers of Opposite Party no.2 and 3. The said suicide of the students is not fall within the provisions of Consumer Protection Act and compensation is not payable under the Consumer Protection Act. The reason for suicide is not known to them, the complainants have filed these complaints only to gain wrongfully. Hence, prays for dismissal of the complaints.
11. The entire pleading of the complaints discloses that at the instance/abatement of the Opposite Party No.2 and 3, the students have committed suicide on 18-3-2014 and claimed for compensation. The entire allegations made in the complaints attracts to criminal proceedings against the Opposite Party No.2 and 3. We noticed the complainants have also filed criminal case against all the Opposite Parties. Under such circumstances, the allegations not fall within the meaning of the Consumer dispute. The alleged abatement is not a ground to claim compensation under the Consumer Protection Act. Therefore, the complaints are not maintainable under the Consumer Protection Act and if at all the complainants’ claims for any compensation, they are at liberty to approach any other appropriate authority to claim compensation against the Opposite Parties. As such the complaints are dismissed as not maintainable. Accordingly, we proceed to pass the following:-
ORDER
The complaints Nos.262/2014 and 263/2014 are hereby dismissed as not maintainable. No order as to costs.
The original of this order shall be kept in complaint No.262/2014 and a copy thereof shall be kept in complaint Nos.263/2014.
Send a copy of this order to both parties.
Lady Member Judicial Member
Jrk/-
