West Bengal

South 24 Parganas

CC/1/2015

Sutapa Guha Ray Dutta. - Complainant(s)

Versus

1. The Centre Co- Ordinator Kidzee Tollygunge. - Opp.Party(s)

30 Mar 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _01_ OF ___2015__

 

DATE OF FILING : _19.1.2015__                           DATE OF PASSING JUDGEMENT:  30.03.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Subrata Sarker

                                                                             

COMPLAINANT             :    1.Sutapa Guha Ray Datta, 4/47F, Chanditala Lane, Kolkata - 40

2. Anujit Kumar Datta, address as above.

 

-VERSUS  -

 

O.P/O.Ps                            :  The Centre Co-Ordinator, KIDZEE, Tollygunge, 111/1, N.S.C Bose Road, Kolkata – 40 , P.S. Regent Park.

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President          

 

The short case of the complainants is that their son Anurag Datta was a student of KIDZEE , Tollygunge for the session 2012-13 in class Nursery and completed the session successfully. It has alleged that before conclusion of the session they got several calls in the span of 10 days in early February, 2013 from the authority of the Kidzee School, Tollygunge insisting on deposition of Rs.10,000/- as advance for the next session 2013-14. Accordingly complainant made the said payment on 11.2.2013 through account payee cheque. Although they submitted an application at DPS , Ruby Park for admission of their son at Nursery at that school which was also intimated to Kidzee authority verbally before depositing the money. But on the very next date i..e on 12.2.2013 they got information regarding their son’s selection at D.P.S School which was also conveyed to the Kidzee over phone with a request to arrange for refund of the advance money. Thereafter on the next date they rushed to Kidzee i.e. on 13.2.2013 to intimate the school and formal intimation in writing was given on 14.2.2013 i.e. just after three days of depositing the said advance money. But inspite of several reminders on 11.3.2014 the Kidzee informed the complainant to collect the money form the school premises. It has further alleged that school authority offered a paltry amount which is much less than what they paid along with old kit stated to be purchased a year back for my son. The offer being ridiculous was instantly rejected and thereafter they informed Kidzee through a letter dated 9.4.2014 that they will not accept such less amount than what they paid i.e. Rs.10,000/- and acceptance of kit after more than one year does not arise. Accordingly complainants have a strong belief that Kidzee authority in order to squeeze money did all these things and the matter was informed to the CA & FBS, but no fruitful result comes out and hence this case with a prayer for refund of Rs.10,000/- with cost of Cost.20,000/- and compensation of Rs.50,000/-.

The O.P is contesting the case by filing written version and has claimed that O.P is a franchisee of of Zee Learn Ltd. which was registered under the Companies Act, 1956 . It has claimed that the O.P being a franchisee used to run school under the guidance as well as according to the rules and regulations regarding fee structure framed by the said Franchisee. The rules and regulation is annexed as Annexure A. It has been admitted that complainant’s son Anurag Dutta  was a student of KIDZEE for the session 2012-13 in class Nursery and completed the session successfully. It has further claimed that parent are aware regarding the rules and regulations framed by the said Franchisee since their son was a regular student of the said school. It has admitted that for the admission in session 2013-14 the Center Co-ordinator informed the complainant for renewal of academic session 2013-14 over phone and was also narrated that if the fees in respect of renewal of academic session  2013-14 were not paid then Anurag Datta’s candidature would be terminated and thereby complainants gave a cheque of Rs.10,000/- as a renewal of academic session  2013-14 for their son. It has further claimed that after encashment of the said cheque process started for requisition of Kit for the child and it has been specifically mentioned that no assurance was given to the complainant for refund of the fees paid in respect of renewal of academic session 2013-14. It has been admitted that complainant-1 sent a letter addressed to the Center Co-ordinator Kidzee to refund the said advance fees as they would admit their son in D.P.S Ruby Park, Kolkata and the said letter was duly received by the O.P on 14.2.2013. But the Kidzee school did not give any reply as the said letter contains nothing but irrelevant t story. It has further sated that in the month of April-May 2013 the complainants visited the office of the O.P personally and asked to refund Rs.10,000/- in respect of renewal of academic session 2013-14 as because their son already got admitted in D.P.S at Ruby Park, Kolkata. But the Centre Co-ordinator informed the complainant that Institution is bound by the rules and regulations as provided by the Franchisee wherein it was made clear that fees once paid will not be refunded ,for which, Center Co-ordinator requested the complainants to take the Kit which was allotted for their son as provide by the franchisee but the complainants refused to accept the same and made complaint before the CA & FBP, Govt. of West Bengal in respect of deficiency in service but the said mediation was failed. The O.P has claimed that this complaint should be dismissed in limini as there is no deficiency in service according to Section 2G of the C.P Act, 1986 and the said complaint  petition is not maintainable in its present form. It has further claimed that this application is harassive ,vexatious, malafide and not maintainable both in facts and Law and should be dismissed in lemini.

Points for decision in this case is whether the O.P made any deficiency in service or unfair trade practice by non-refunding Rs.10,000/- which was accepted as an advance for the renewal of academic session 2013-14 .

                                                            Decision with reasons

Admittedly the son of the complainant was a student of O.P-KIDZEE school for the session 2012-13. It is also admitted from the written version that telephone call was made from the O.P for advance payment as per  notice in order to arrange of Kit and its stationary for the renewal of academic session 2013-14. We are not considering the verbal information of the complainant to the O.P over telephonic conversation with the O.P , but we are confined ourselves into the documentary evidence ,wherefrom we find that advance payment of Rs.10,000/- was made by the complainant for their son on 11.2.2013 amounting to Rs.10,000/- for the academic session  2013-14  through cheque . So, there is no dispute regarding the advance payment of Rs.10,000/- and there is also no dispute that O.P Kidzee authority informed over phone to arrange fund as they admitted in their written version.

Now we turn our eyes in Annexure II , wherefrom we find that complainants informed the Center Co-ordinator of KIDZEE School , the O.P, to refund Rs.10,000/- on the ground that their son was shortlisted for admission in D.P.S School, Ruby Park, Kolkata and they expressed their willingness to admit their son at D.P.S School for the session 2013-14 ,for which , only after intervening by 2 days i.e. 14.2.2013 written information was given to the O.P for refund of Rs.10,000/-. Thereafter several correspondences were made ,even complainants rushed to the CA & FBP, Govt. of West Bengal to get settlement of the dispute through mediation  but all attempts failed.

Now question is , the ground of non-refund of advance money of Rs.10,000/- as set up by the O.P ,claiming that they are the franchisee as per rules and regulation of franchisor , is acceptable or not. Here, O.P failed to produce any believable document that said rules and regulations of the franchisor were handed over to the complainants at the time of admission of their son who was studying for the session 2012-13 in Nursery class or at the time of initial admission at their school.

Be that as it may, we have perused the notice from where we find that Rs.10,000/- was required as an advance for Kit and stationary for the renewal of academic session 2013-14. Now the question is if the student was not admitted ,how the Kit was arranged within that short span of time of depositing of advance amount ,particularly when  amount was deposited on 11.2.2013 and written information was given on 14.2.2013 by the complainants to the O.P expressing their unwillingness to continue their son for the next session n 2013-14.  So, what prompted the O.P to arrange Kit etc. for the son of the complainant who will not be admitted for the academic session of 2013-14 (Jr. K.G.) . Can it be believed that being a franchisee O.P, is so permitted for arranging Kit etc. with a true knowledge that the said Anurag Datta will not continue for the session 2013-14. So, the ground of non-refund of advance money of Rs.10,000/- is totally an unfair trade practice of a franchisee and the rules and regulations which have been set up by the franchisor is not for the benefit of the students and the same appears to be unfairness and we hold that if this unfairness attitude of the O.P-Franchisor be continued, then the students who are getting education in the very morning days of their life will not get actual education and they will get the education in respect of cheating ,unfairness as well as  how to grab the money from the others. Keeping in mind that  Station Master minds the train and school authority trains the mind . If that be so, then here in the instant case we find and hold that the attitude of the franchisee-O.P is not for betterment of the student at large. Rather, they want to grab the money from the parent of the stundent years together. It may be mentioned here that if Anurag Datta being a son of the complainant continued the session 2013-14 by depositing the quarterly payment of fees ,which is for the period of April to June , and thereafter suo-moto  changed the school, then definitely the question of refund does not arise at all. But here in the instant case we find that  the son of the complainant is not at all a student of O.P but on good faith complainant has given the advance due to torture by the O.P over phone from time to time and complainants being an educational guy and peace living person in the society compelled to deposit the said money with a hope that if their son be admitted elsewhere, then definitely the O.P authority would refund the same. But they failed to realize this type of franchisee school who used to grab money from the parent instead of giving any education which is needed for the development of the brain and mind of the students at the very early stage of their life.

So, on a moment scrutiny we find that it is impossible to believe that Kit etc. was arranged for Anurag Datta ,the complainants’ son, within that short span of 2-3 days ,particularly when the amount was deposited on 11.2.2013 and information was given in writing on 14.2.2013. So, it is a clear case of unfair trade practice and we direct the O.P to stop this type of unfair trade practice which is being created mental torture upon the parent of the teenagers, otherwise in future we will compel to direct the

 

 

authority to stop this type of franchisee school who are not giving proper education and destroying the mind of the parent as well as teenager boys and girls who are affected by that conduct of the O.P authority. It was expected that Center coordinator –KIDZEE will refund the said money after deducting the process fees ,which may be amounting to Rs.1000/- or like that and simultaneously it was the proud of the O.P authority that a student after getting training in nursery from their Institution already got admitted or shortlisted at D.P. S , Ruby Park, Kolkata, which is nothing but an achievement of the O.P KIDZEE ,for which they should gladly refund the advance money after deducting Rs.1000/- or like that . But instead of that they are trying to grab the said money with a false pretext for arranging Kit or etc. which is not possible within such short span of time considering the date of deposit and date of written information for refund of the said money. But O.P tried to take shelter on their rules and regulations of the franchisor which unfortunate, because it is not for the benefit of the authority concerned and wrong massage will spread out to the society at large regarding the conduct of the O.P and in near future every parent will be suffering from fear psychosis if this act of the OP is welcome by this Bench.

 

We have considered the dispute of the complainant treating complainants’ son is not a student for the year 2013-14. Complainants’ son already successfully completed Nursery session n 2012-13 and until and unless the said son got admitted for the session 2013-14 the relationship of the student and school does not arise at all. But accepting the advance money for the purpose of Kit and stationary is only against proposed admission for the session 2013-14. So, until and unless complainants’ son was admitted question of student and school relationship does not arise . On the contrary the O.P being a franchisee is trying to grab the money from the parent whose son successfully completed the previous session which is undoubtedly unfair trade practice and non-refund of money amounts to deficiency in service also.

With that observation we find that a massage should be given to this type of franchisee organization namely KIDZEE , Tollygunge to stop their unfairness in near future and instead of that tried to give good lesson to the immature student in their very early days of life and thereby parent will get peace and restore their faith upon the O.P in near future.

 

 

 

 

Accordingly, it is

                                                                        Ordered

That the O.P is directed to refund Rs.9000/- to the complainants after deducting Rs.1000/- towards the processing charge etc  within 30 days from the date of this order, failing which interest will carry @9% p.a from the date of default till its realization.

The O.P is also directed to pay Rs.5000/- to the complainant towards compensation for suffering mental agony and harassment and Rs. 5000/- to the Consumer Legal Aid Fund, South 24-Pargans for their unfair trade practice and also to pay Rs. 2000/- towards litigation cost to the complainant within 30 days from the date of this order, failing which further interest will carry @12% p.a from the date of default till its realization.  

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                                                                   President

Dictated and corrected by me

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the O.P is directed to refund Rs.9000/- to the complainants after deducting Rs.1000/- towards the Kit and others within 30 days from the date of this order, failing which interest will carry @9% p.a from the date of default till its realization.

The O.P is also directed to pay Rs.5000/- to the complainant towards compensation for suffering mental agony and harassment and Rs. 5000/- to the Consumer Legal Aid Fund, South 24-Pargans for their unfair trade practice and also to pay Rs. 2000/- towards litigation cost to the complainant within 30 days from the date of this order, failing which further interest will carry @12% p.a from the date of default till its realization. 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                                                                   President