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2004 DIGILAW 24 (UTT)

John J. Sookias v. Balwinder Singh Chauhan

2004-04-08

K.D.SHAHI, LUXMI SINGH, SURENDRA KUMAR

body2004
JUDGMENT This is an appeal against the order dated 01.06.1994 passed by the District Forum, Dehradun whereby the complaint of the complainant, Sh. Balwinder Singh Chauhan was allowed against the opposite party for compensation of Rs. 7,000/ - (Rupees Seven Thousand) along with cost of Rs.200/- (Rupees Two Hundred) for expelling the ward of the complainant from the school. 2. The brief facts of the case are that the complainant filed the complaint with the allegations that Kr. Mandeep Kaur was a student in the school of the appellant, She was a student of Class III. On 05.02.1994, her name was struck off and she was expelled from the school. An intimation to this effect was sent by the appellant to the complainant vide letter dated 05.02.1994. In the said letter, it was alleged that the complainant has misbehaved with the staff and employees of the school and used violence against them. According to the complainant his daughter was expelled by the opposite party due to enmity and the expulsion of his daughter from the school was illegal. The complainant had to get his daughter admitted in some other school: The appellant alleged that the student was expelled due to the misbehaviour of her father according to the Rules and Regulations of the school. 3. After taking the evidence of the patties and hearing them, the Learned Forum allowed the complaint. Against which order the present appeal has been filed. 4. Notice was issued to the complainant but none appeared on his behalf Therefore the appeal was heard ex-parte. 5. From the bare reading of the pleading, it is clear that this is not a consumer dispute. There is specific provision in the Rules and Regulations of the school that on misbehaviour of the parents, relatives and guardians, the student can be expelled. Rules 22 has been quoted therein. The student has been expelled on this ground. Whether this legation is correct or incorrect, it is not the jurisdiction of the Forum to decide. This is a civil or tortuous dispute, for that the parties should seek their remedy before the Civil Court. These types of disputes are not within the domain of the District Forum. The complaint should have been dismissed on this ground alone. Accordingly the appeal is fit to be allowed. ORDER The appeal is hereby allowed. This is a civil or tortuous dispute, for that the parties should seek their remedy before the Civil Court. These types of disputes are not within the domain of the District Forum. The complaint should have been dismissed on this ground alone. Accordingly the appeal is fit to be allowed. ORDER The appeal is hereby allowed. The order dated 01.06.1994 passed by the Learned Forum is hereby quashed. The complaint is also dismissed. Cost of the appeal shall be easy.