BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complt. Case No  : 167 of 2010

Date of Institution :  22.03.2010

Date of  Decision  :  19.05.2010

Rakesh Kumar son of Sh.Sunder Lal, Aged 40 years, Resident of House No.3427, Sector 27-D, Chandigarh.

 ……Complainant

V E R S U S

K.B.D.A.V. Senior Secondary Public School, Sector 7-B, Chandigarh, through its Principal. 

 .…..Opposite Party

CORAM:          SH.LAKSHMAN SHARMA                         PRESIDENT

                    MRS.MADHU MUTNEJA                        MEMBER

PRESENT:          Sh.Amarjeet Singh, Adv. for the complainant.

                    OP exparte. 

PER SH.LAKSHMAN SHARMA, PRESIDENT

                The instant complaint has been filed by Sh.Rakesh Kumar, complainant requesting that the OP be directed to refund the fees charged from him arbitrarily as well as pay compensation for harassment and mental torture.

                The facts of the case can be summarized as under:-

1]             The child of the complainant was a Class –IV student of OP School.  Since the complainant did not want to continue the studies of his son – Paras Garg after this class in the OP School, he applied for admission to St.John’s School, Sector 26, Chandigarh.  The child was given admission in that school. Thereafter, the complainant applied for School Leaving Certificate from the OP On 10.3.2009.  Despite having contacted the school authorities a number of times, the OP did not issue the School Leaving Certificate.  Not only this, they also insisted on payment of Rs.7,495/-, which was the annual charges and Tuition Fee for the new session for the period April to June, 2009.  The complainant was compelled to pay the sum to the OP in the interest of the future career of his child.  The School Leaving Certificate was issued by OP on 31.3.2009.

                The complainant alleges that the School Authorities had not only illegally charged an extra sum of Rs.7,495/- but had also delayed payment of Rs.3000/-, which had been deposited with the OP as security at the time of initially admission of the child.  The complainant is of the opinion that the OP School could not charge this extra amount from him, hence he has filed the present complaint seeking refund of the said amount as well as compensation for harassment.

2]             Notice sent to the OP was duly served.  However, neither the Principal nor any authorized agent/person appeared on behalf of OP School.  Therefore, the OP was proceeded exparte on 11.5.2010.

3]             We have heard the learned counsel for the complainant and perused the evidence led by complainant in support of his contentions.

4]             At the time of argument, the ld.Counsel for the complainant brought out the above facts and stated that Rs.7,495/- were for a fresh session and hence could not be charged.  The child had been withdrawn from the OP School at the end of the previous session.  We are of the firm view that the complainant is justified in his claim.  The School authorities should not have asked the complainant to deposit the fee for 3 months of next sessions at the end of March, 2009 especially when complainant got admission in another school for that session.  No one from the OP School has come forward to explain as to why they demanded this extra amount from the complainant.  Therefore, this complainant is hereby allowed with directions to OP as under:-

i)         Refund Rs.7,495/- to the complainant;

ii)        To pay Rs.5,000/- to the complainant as compensation for harassment and mental torture;

iii)       To pay Rs.5,000/- to the complainant as litigation charges.  

This order be complied with within 30 days from the date of receipt of its certified copy, failing which the OP shall pay the entire aforesaid amount along with interest @12% per annum from the date of order till the date of realization.

5]         Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

19.05.2010                                                         Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                Sd/-    

(MADHU MUTNEJA)

MEMBER

‘Om’