1. The petitioner has filed two complaints against the respondent of same nature. Therefore both are disposed of with one order. As per plea of the petitioner the respondent is principle / director of The Educator School System, Khanewal Road Multan. On 28.7.2009, the petitioner got admitted his son Sardar Hassan and daughter Isha Hassan in this school in class two. He was impressed about the qualities of the school by reading the banners but practically he found that school was with the untrained / unqualified teachers. There is no system of check and balance, no shelter for children and no arrangements of water for children. He has alleged that the respondent is providing faulty services against his publicated qualities. The petitioner has paid Rs. 201360/- in the shape of fee and other expenses and he claims Rs. 20 lacs for mental torture. He got discharged from this school his children afterwards. He has prayed for acceptance of the petition. In his other compliant he got admitted his son Sardar Khubaib in the respondent school in play group on 28.7.2009, after paying the necessary fee and expenses as per rules and regulations. He has paid Rs. 107000/- in shape of fees and other expenses. He has claimed for return of the fee paid by him and damages Rs. 10 lacs. He has prayed for acceptance of the petition. The respondent appeared in the court and submitted his written reply in both the complaints in which he as alleged that the petitioner wanted some concession in fee of the children. He has denied the allegations leveled by the petitioner. The parties were directed to produce their evidence. The petitioner appeared as PW 1 and submitted his affidavit EXP-1 in which he has deposed the same which has been mentioned in his complaint.
2. During cross examination PW1 stated that he came to know about the respondent school through banners which have been placed at different places. He withdrew his children from the respondent school in March, 2010. He denied that he ever applied for concession of fee, however he has admitted that monthly fee of Sardar Khubaib was Rs. 1250/- and monthly fee of Isha Hassan was also Rs. 1250/-, and monthly fee of the Sardar Hassan was Rs. 940/- per month. Rs. 1500/- were charged by the respondent for every child for annual fund. Respondent No.1 is textile engineer and is not educationist. He has stated that he attended every monthly meeting. He did not move any written application against the respondent school how ever he made remarks in the form which was provided to him during every meeting. He gave negative remarks four times. No teacher of this school is B.Ed or M.Ed. On the direction of the court he deposited Rs. 5270/- for Isha Sardar, Rs.
3. 4340/- for Sardar Hassan and Rs. 5420/- for Sadar Khubaib. This amount was deposited for months of June, July and August of 2009. He stated that it is incorrect to suggest that he is deposing falsely.
4. Ch. Muhammad Iqbal appeard as RW1. He submitted his affidavit EXR-1. In his affidavit the respondent has contended the same as per his written reply. During cross examination RW1 admitted that although he has experience in education sides, however he has no degree of B.Ed or M.Ed. He served for five years in BZU by teaching Textile and TQM. He has stated that on the oral request of the petitioner, he charged only Rs. 1250/- per month instead of fee of Rs. 1850/-, and for the other child he charged Rs. 940/-. He has stated that whole of the teaching staff is B.Ed or M.Ed.
5. He has stated that it is incorrect to suggest that no concession of fee of the children of the petitioner was given on his request. He denied that he charged less fee as routine. He stated that it is incorrect to suggest that he is deposing falsely.
6. After completion of evidence of the parties arguments heard, record perused.
7. The plea of the petitioner is that the respondent school has no facilities which has been mentioned in their prospectus and banners placed at different places in city. The examination papers of Sadar Khubaib Abdulah have been placed on the file which shows that the child was having good marks in different examinations. These papers are mark A (16 Pages). The petitioner has also placed examinations papers of Roots Public School which are mark B (3 Pages) which shows that the child Sardar Khubaib Abdullah got zero marks in every paper. The child Sardar Khubaib appeared in the court and he could write counting from 1 to 12 only. This page is mark C. This all shows that the child Sardar Khubaib could learn nothing at the respondent School and papers mark A seems to be prepared by the respondent staff. Nothing has been produced about the educational standard of the children Sardar Hassan Abdullah and Isha, however on behalf of respondent no proof has been submitted in the court that staff of the respondent school is qualified and B.Ed or M.Ed. The children are future of their parents and school is a place where from the foundation of the children is raised.
8. The petitioner has successfully proved his allegations up to the extent of child Sardar Khubaib. The respondent school only received fees and other expenses but in return did not perform their duty of transferring their knowledge to the pupil. The petition of the child Sardar Khubaib is hereby accepted with costs. The respondent is directed to return fees and other expenses received from the date of admission of child Sardar Khubaib, up to his discharge from the respondent school. The expenses and fees charged during this period be returned to the petitioner within thirty days. It is hard fact that due to poor performance of the respondent school, petitioner faced mantel torture.
9. Therefore respondent is directed to pay Rs. 20000/- to the petitioner as compensation. The petitioner up to extent of Hassan Sardar and Isha remained unsuccessful to prove his allegations hence the petition is hereby disposed of. File be consigned to record room after its due completion.
10. Note: The respondent will also pay to the petitioner the amount of fees and other expenses which was deposited on order of the court for the months of June, July and August 2009 up to extent of child Sardar Khubaib.