Parents of school children are consumers: NCDRC

NEW DELHI, AUG. 12. In a landmark judgment holding parents of school-going children as consumers, the National Consumer Disputes Redressal Commission (NCDRC) directed a private school in Tamil Nadu to pay about Rs. 2.9 lakhs as compensation for negligence which had resulted in the death of a three-and-a-half- year-old child in 1993.

The NCDRC, headed by Mr. Justice D.P. Wadhwa, directed ``the correspondent, Sri Chakravarty International Matriculation Academy, to pay Rs. 2 lakhs as compensation to the parents with six per cent interest per annum from December 1993, besides a cost of Rs. 1,000.''

Allowing an appeal against the State Consumer Commission, the NCDRC said, ``there clearly has been deficiency in service. In the present case, there are two consumers, one the child and the other, the parents. Not only the child suffered, the parents have suffered as well for the loss and injury to the child. They are entitled to damages.''

The petitioner, Mr. S. Somasundaram, had moved the State forum alleging that his daughter Brinda, who was admitted to the school in Upper KG, died after she fell down in an open septic tank near the toilet in the school premises on December 2, 1993, and claimed Rs. 5 lakhs as compensation from the school authorities.

Describing the negligence of the authorities as ``shocking'', the commission said, ``we are of the view that a sum of Rs. 2 lakhs as compensation will meet the ends of justice considering the facts and circumstances of the case''.

``There could be no two opinions that keeping the septic tank open near the toilet, where the tiny tots study, was an act of sheer negligence on the part of the school authorities,'' the Bench, consisting of Mr. C.L. Chaudhry, Ms. Rajyalakshmi Rao and Mr. B.K. Taimny, observed in the judgment.

The State commission, while holding the school responsible for deficiency in service, had awarded Rs. 10,000 as compensation to be paid by the school authorities to the parents.

``The amount of damages to be awarded had to be just. Is the amount of Rs. 10,000 called just? We do not agree'', the Bench said.

``When a school admits a child, it undertakes to look after the safety of the child during school hours. This undertaking has been clearly breached in the present case. We have seen the photographs of the septic tank filed before us. A bare look at the septic tank shows an appalling sight which is a pointer to the gross negligence on part of the school authorities'', it said.

``It also appears from these photographs as if the school did not have any appropriate toilet facilities and children, perhaps, had to go in the open. It is the duty of the authorities before granting recognition or starting a school to see proper toilet and other sanitary facilities are provided in the school.''

- PTI

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