Complaint filed on 26.12.2008<br /> Complaint Disposed on 05.06.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE(URBAN)<br /> <br /> Dated: 05th of JUNE 2009<br /> <br /> PRESENT:-SRI. S.S.NAGARALE<br /> SMT. M.YASHODHAMMA<br /> SRI. A.MUN IYAPPA. <br /> <br /> COMPLAINT NO.2822/2008<br /> <br /> <br /> COMPLAINANT Wing Commander T.A. Sreenath,<br /> Flying Training Officer, <br /> HQ Training Command,<br /> Indian Air Force, JC Nagar Post,<br /> Bangalore-560 006.<br /> <br /> V/s<br /> <br /> <br /> OPPOSITE PARTIES 1. M/s Katherine Rustumji,<br /> KARA 4 KIDS,<br /> 6, 4th Main, 6th Cross,<br /> Opp: Jayamahal Extension, <br /> Bangalore – 560006.<br /> <br /> 2. M/s Kara Leasing Private Limited,<br /> 6, 4th Main, 6th Cross,<br /> Opp: Jayamahal Extension,<br /> Bangalore – 560 006.<br /> <br /> ORDER<br /> <br /> <br /> This is a complaint filed U/s.12 of C.P.Act of 1986 by the complainant seeking direction against the OP (hereinafter called as Opposite Party) to refund Rs.36,170/- along with compensation of Rs.1,00,000/- on the allegation of deficiency in service. <br /> <br /> <br /> -2-<br /> 1. The brief averments as could be seen from the contents of the complaint are as follows:<br /> <br /> The complaint’s son master Rishabh, aged 6 years who is Autistic (Pervasive Development Disorder) was admitted to an extended play school & Day care centre named ‘Kara4Kids’ & attended to a Kinder Camp at RMV extension for one month before joining regular kindergarten school at the above mentioned address. Complainant submitted all required evaluation report regarding his condition of Autism. His son faced the interview with the C.E.O., M/s Katherine Rustumji & Centre Head Ms. Trupti. The total fee for the whole year including registration maintenance & tuition fee was Rs.75,450/-. The complainant paid Rs.30,000/- on 22/04/08 vide cheque drawn on Citi Bank as an advance for the classes scheduled to commence in June 2008. His son started going to the kara kindergarten at Jayamahal from the 2nd week of June 2008. On 04.09.08 complainant was asked to pay the balance amount of Rs.45,450/- and an additional Rs.5000/- per month for on exclusive shadow facility, which was not mentioned at the time of admission or at the parent teacher meeting. Complainant requested to waive off the shadow fee of Rs.5000/- per month. Further on 11.09.08 complainant paid Rs.20,000/- through cheque. Totally complainant paid Rs.50,000/- to OP on 26.09.2008. Complainant received an e-mail from OP stating OP is expelling his son from the school without any prior intimation or notice. The repeated requests made to OP to reconsider their decision went in futile. Thus he fact the deficiency in service on the part of the OP under the circumstance he is advised to file this complaint & sought for the relief accordingly.<br /> <br /> 2. On appearance OP filed version mainly contending that the complainant’s son was admitted with the condition that the parents of the child have to completely involve in the development of the child & make use of the exclusive special educator (also called as shadow facility) available in <br /> <br /> <br /> -3-<br /> the school on the additional charges & such facilities will not come free of charges & use of such facility is a must while dealing with special children. When extra charges are made complainant expressed his shock. When there was literally no support from the parents of the child shadow facilities were withdrawn by the OP complainant is due of Rs.650/- to the OP. Among other grounds prayed for dismissal of the complaint.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No.1 Whether the complainant has proved the<br /> Deficiency in service on the part of the OP?<br /> Point No.2 If so, whether the complainant is entitled for the relief’s now claimed ?<br /> Point No.3 To what Order?<br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1 In Affirmative.<br /> Point No.2 Affirmative in part.<br /> Point No.3 As per final order.<br /> <br /> REASONS<br /> <br /> 6. It is the case of the complainant that his son master Rishabh, aged 6½ years who is Austic (pervasive developmental disorder) was admitted with the OP school named “kara4kids” & admitted to a kinder camp at R.M.V. extension for on month before joining regular kindergarten school at the <br /> <br /> <br /> -4-<br /> above mentioned address. The complainant submitted all required evaluation report regarding his condition of Autism. The complainant paid Rs.30,000/- on 22.04.08 & Rs.20,000/- on 11.09.08 totally paid Rs.50,000/- on 04.09.08 complainant was asked to pay Rs.5,000/- per month additional fees towards exclusive shadow facility. When complainant requested to wave off that shadow fee OP turned down his request & expelled his son from the school. Hence complainant felt deficiency in service on the part of the OP. <br /> <br /> 7. As against this, it is contended by the OP that additional fee of Rs.5,000/- per month was charged towards the shadow facility provided to the complainant’s son, which will not come free of charge. Out of Rs.50,000/- paid by the complainant Rs.12,000/- is adjusted towards registration fee, Rs.3,000/- is adjusted towards maintenance fee, Rs.20,650/- is deducted towards tuition fee, Rs.15,000/- deducted towards shadow fee for three months i.e., June, July and August. Therefore, complainant himself is liable to pay Rs.650/- to OP which is due. Complainant’s son admitted the kindergarten of the OP from 2nd week of June 2008 and was expelled on 04.09.2008. The whole year fee being Rs.75,450/-. Complainant has paid Rs.50,000/- which is admitted fact. OP had rendered tuition only for 3 months. Hence complainant is entitled to refund of balance amount. OP has not produced any document to show that complainant was served with the notice that the child will be expelled from the school in the month of September 2008. The child has last one valuable year. The OP has not produced any document to show that complainant has agreed to pay the shadow fee. Hence, defence of the OP that amount is non-refundable has no basis. Fees once paid is not refundable condition is not enforceable condition and same is not binding on the complainant. <br /> <br /> <br /> <br /> <br /> <br /> -5-<br /> 8. Having consider the facts and circumstances of the case justice will be met by directing OP to refund Rs.36,000/- and litigation cost of Rs.1,000/- to the complainant with this reasons we answer point No. 1 & 2 accordingly and proceed to pass the following: <br /> <br /> ORDER<br /> <br /> The complaint is allowed, OP-2 is directed to refund Rs.36,000/- and litigation costs of Rs.1000/- to the complainant. This order is to be complied within four weeks from the date of communication of the order, failing which complainant is entitled to claim interest at the rate of 9% p.a. from the date of this order. <br /> <br /> Send copy of this order to both the parties free of cost.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT.<br />