Karnataka

StateCommission

A/1997/2017

Vidya Fashion Academy - Complainant(s)

Versus

Kum.Sudha - Opp.Party(s)

D.Nagaraja Chetty

31 Oct 2023

ORDER

                                                                     Date of Filing : 07.10.2017

  Date of Disposal :31.10.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED: 31.10.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K B SANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

 

APPEAL No.1997/2017

 

M/s Vidya Fashion Academy

Having its office at

1^st Floor, Suraj Towers

Jayanagar

Bengaluru -560 011

Represented by its Director/CEO

Smt Srividya P.                                                                     Appellant

(By Mr D Nagaraja Chetty, Advocate)

 

-Versus-

 Ms. Sudha

Aged about 30 years

D/o Sri.Muni Reddy

Residing at No.40

2^nd Cross, LIC Colony

Jayanagar 3^rd Block

Bengaluru-560 011                                                             Respondent

(By Mr G Papi Reddy, Advocate)

 

:ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This Appeal is filed under Section 15 of Consumer Protection Act 1986 by the OP, aggrieved by the Order dated 17.06.2017 passed in Consumer Complaint No.807/2015 on the file of III Additional District Consumer Disputes Redressal Forum, Bengaluru (hereinafter referred to as District Forum).

2.       Heard the arguments of the learned Counsel on record.  Perused the Impugned Order and grounds of Appeal.

3.       It is  the case of the Complainant that, she joined the OP’s Institution for one year Fashion Designing Course on 17.06.2014 by paying a sum of Rs.80,000/- and attended the classes till 20^th November 2014.  Unfortunately, as she was suffering from Acoustic Nerve Tumor, the treating Doctor advised her to undergo a Surgery and accordingly the Complainant informed the same to the OP and her intention to discontinue the Course for which she averred that OP had advised her to attend the classes in the next batch.  Subsequently, she was hospitalised at St. Philomena’s Hospital, Bangalore from 22.11.2014 to 08.12.2014 and underwent two major surgeries in her head.  After Medical treatment, when she visited the OP institution for continuation of the Course, OP had demanded payment of further sum of Rs.35,000/- and 3^rd & 4^th level Tax of Rs.5,000/-.   Hence, she is alleging deficiency in service on the part of OP and seeking direction to the OP to pay Rs.80,000/- with interest at the rate of 24% p.a, as Compensation and Costs.  The case was contested by the OP stating that the Complainant had completed Level-1 and almost completed entire course of Level-2, she has not gone any medical treatment much less the second surgery; without any intimation she has dis-continued from the course, the management has called her and later on demanded the payment of fee for the 3^rd & 4^th level only, which is self explanatory. After 16.03.2015, she neither visited nor given any promise, as alleged by the Complainant.

4.       The District Forum held an enquiry and recorded its findings in its Impugned Order that the Complainant had produced the Discharge Summary issued by St. Philomenas Hospital to the effect that the Complainant had taken treatment in the hospital from 22.11.2014 to 08.12.2014 for left sided Acoustic Schwannoma and underwent Surgery on 29.11.2014 and she has sent a mail communication to OP with a request that the treating Doctor has advised her to take rest for one month and that she will attend the course from March 2015 batch.

5.       This Commission is of the considered view that attitude of an educational institution in not appreciating with genuine concern the health condition of a student and her willingness to continue her studies inspite of hospitalisation and a surgical intervention in the Head and adding insult to the injury, demanding unjustified further payment. We need not emphasise the importance & the role of any educational particular the females. Also, an educational institution cannot and should not function, keeping its commercial interest as primary goal.

6.       In view of the foregoing observations, the act of OP in not allowing the Complainant to attend the Course for 3^rd & 4^th level and demanding for further payment amounts to Unfair Trade Practice.  In the circumstances, the findings recorded by the District Forum is just and proper, in directing OP to pay Rs.78,652/- with compensation of Rs.30,000/- and Rs.5,000/- towards litigation costs to the Complainant.   Accordingly, the Appeal stands Dismissed.

7.       The Statutory Deposit in this Appeal is directed to be transferred to the District Commission for further needful.

8.       Send a copy of this Order to the District Commission, as well as to the parties concerned, immediately.

 

 

Lady Member                  Judicial Member                          President

*s