Haryana

StateCommission

A/207/2022

KESHAV SINGLA - Complainant(s)

Versus

GD GOENKA WORLD SCHOOL - Opp.Party(s)

MOHIT CHAUDHARY

17 Jun 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                                 

                                                         First Appeal No.207 of 2022

                                                 Date of Institution: 23.05.2022

                                                               Date of Decision: 17.06.2022

 

Keshav Singla aged 17 years minor S/o Anuj Singal, R/o H.No.361, Diwan Colony,Karnal through his father Anuj Singal S/o Rajpal Singal, who has got no adverse interest to that of minor.

…..Appellant

Versus

GD Goenka Word School, Gurugram Sohana Road, Gurugram, Haryana through its Principal/Director

…..Respondent

CORAM:    S.P.Sood, Judicial  Member

                    Suresh Chander Kaushik, Member

                   

Present:-    Mr.Mohit  Chaudhary, Advocate for the appellant.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

          The present appeal No.207 of 2022 has been filed against the order dated 26.04.2022 of the District Consumer Disputes Redressal Forum, Karnal (In short “District Commission”) in complaint case No.321 of 2020, which was dismissed.

2.       The brief facts of the case are that complainant took the admission in 10^th standard in the school of opposite party in the year 2019.   At the time of admission, the complainant deposited the required tuition fee and other charges. Thereafter, he was compelled to deposit a security amount of Rs.1,50,000/-. When complainant refused to deposit the security amount, OP refused to give admission in their school and under the compelling circumstances, he deposited a security amount of Rs.1,50,000/- by way of cheque No.000003 dated 25.03.2019 drawn on Kotak Mahindra Bank, SCO No.246, Sector Karnal in favour of the OP, which was encashed by the OP. At the time of admission, the OP assured him that when complainant wanted to discontinue the study and do not take admission in their school in the next standard, the security amount would be refunded. He appeared in the annual examination  and has passed the 10^th Standard examination.  After passing 10^th standard examination, the complainant decided to continue his study at home town only and decided not to continue his study with OP. He wanted to take admission in an esteemed institution in Karnal as the Corona epidemic disease was spreading day by day. He sent email to the OP on 07.04.2020 and requested the OP to send the Migration certificate and school leaving certificate and refund the security amount.  He again sent an email  on 05.08.2020 and clearly informed that he will not continue his study with OP.  He also visited the OP personally and requested them to release the above said two documents i.e. Migration certificate and school leaving certificate and also return the security amount, but,  OP refused to refund the security amount of Rs.1,50,000/-. Thus there was deficiency in service on the part of the OP.

3.      After hearing counsel for the complainant, the learned District Commission, Karnal has dismissed the complaint .

4.      Feeling aggrieved therefrom, complainant-appellant has preferred this appeal.

5.      This argument has been advanced by Sh.Mohit Chaudhary, the learned counsel for the appellant. With his kind assistance the entire record of the appellate file has been properly perused and examined.

6       Learned counsel for the appellant vehemently argued that at the time of admission, the OP assured him that when he  would leave the school, his security amount of Rs.1,50,000/- will be refunded, but, OP did not pay single penny despite emails.

7.      Perusal of the complaint file shows that appellant did not produce any document, which could prove that security amount of Rs.1,50,000/- was paid by him. The counsel referred two emails dated 07.04.2020 and 05.08.2020 requesting the OP to issue Migration certificate and School leaving certificate alongwith security amount of Rs.1,50,000/-.   Mere request through mail for refunding the security amount alongwith documents are not sufficient evidence to prove the security amount was infact deposited by complainant. The complainant-appellant should have produced some document may be some bank record of paying this amount. In absence of any such evidence, the complainant-appellant is not entitled for the refund of security amount.  Learned District Commission rightly dismissed the complaint. Hence, case of issuing the notice of motion is not made out and the appeal is dismissed in limine.

17th  June, 2022     Suresh Chander Kaushik                        S. P. Sood                                                    Member                                                         Judicial Member                            

 

S.K

(Pvt. Secy.)