Date of Filing: 03/10/2011

        Date of Order:16/11/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  16^th DAY OF NOVEMBER 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO.1854 OF 2011

Gangadharappa.K,

S/o. Kariyappa,

Champa Sadana,

Vidyaranyapura,

Bangalore-560097.

(Rep. by In.person)                                                            ….  Complainant.

V/s

1. The Head Mistress,

Little Lillys Education Society,

No.201, 2^nd Main, Mahalakshmi Layout,

BANGALORE-560 086.

2. The Secretary,

Little Lillys Education Society,

No.201, 2^nd Main, Mahalakshmi Layout,

BANGALORE-560 086.

(Rep. by In person)                                                                 …. Opposite Parties.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Parties to pay Rs.18,194/-, are necessary:-

Between 13.04.2011 and 30.04.2011 the son of the complainant Swaroop.G was admitted to the M.S. Ramaiah Hospital for Aseptic Meningitis (Brain Fever).  Since the academic year starts in the month of June the complainant got admitted his son to the opposite party’s school by paying admission fee of Rs.18,194/- who attended the classes for 15 days.  During this time the health of his son was disturbed and he was on treatment as per the doctor’s suggestion hence the complainant could not send his son to the school.  The complainant requested opposite party to refund the admission fee by deducting 15 days school fees stationeries and charges as there was no response this complaint is filed.

2.       In brief the version of the opposite party are:-

The complainant’s son fell ill on 30.04.2011.  Admission was made on 11.04.2011. Request for refund was made on 29.06.2011.  The child was ill for only one day with fever and fits.  During the child’s stay in the school for 15 days he was perfectly healthy.  It is construed that the complainant has got admitted to another school of his choice and the opposite party was only a case of the insurance in case of child is refused admission in the other school desired by the complainant.  The opposite party never cancelled the admission.  On 11.04.2011 the complainant made 1^st term tuition fees (4 months) Rs.3,700/-, 1^st term computer fees (4 months) Rs.200/-, Maintenance fees Rs.1,800/-, Miscellaneous fees Rs.2,200/-, Admission fees Rs.8,000/-, Books/uniform etc.,. Rs.2,294/-, in all Rs.18,194/- and got his son admitted to the school.  It is a charitable school encourages the poor students to enroll, the fee and other charges are charged for below other schools.  The State Government has fixed the limit of admission fee equivalent to 12 months tuition fees, even then the opposite party has taken less in this case.  Tuition fee is also very less compared to the other schools.  The opposite party had disbursed 85% of tuition fee as salaries to the teaching staff, maintenance fee is used only for annual building tax and ground rent for playground.  Miscellaneous fee is used to pay water and electricity charges.  Admission fee is used for purchase of equipment/lab/sports/computers/capital expenditures etc.  Now the opposite party is also charged ESI.  As per the agreement the amount paid is not refundable.  The seat that has been given to the son of the complainant is not filed or cannot be filled now.  The amount paid cannot be refunded.

3.       To substantiate their respective cases the parties have filed their respective affidavits.  The arguments were heard.

4.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether there is deficiency in service?
2. What Order?

5.       Our findings are:-

Point (A) & (B):        As per the final Order

                             for the following:- 

-:REASONS:-

Point A & B:-

6.       Reading the pleadings in conjunction with the affidavits and documents on record, it is an admitted fact that the complainant made an application for admission of his son in the primary school with the opposite party on 12.02.2011.  The relevant portion of the agreement reads thus:-

“N.B:-  This application form does not guarantee admission.  Providing false information will lead to cancellation of admission at any time.  Fees once paid shall not be refunded under any circumstances.

Instructions for filling application form:

1. Birth certificate in original has to be produced along with Xerox copy for verification. 
2. This application form does not guarantee admission.  Providing false information will lead to cancellation of admission at any time.
3. Application form will be rejected if it is untidy/overwritten/scratched/wrongly filled in.
4. The school will not be responsible for any untoward happenings during non-working hours.  Bringing the child and taking them back home is the total responsibility of parents.
5. Fees once paid shall not be refunded under any circumstances after admission process.

I have read the prospectus thoroughly and hereby desire to give my child instructions in English medium and also agree to abide by all the rules and regulations of the Institution.  I request that my Son/Daughter be admitted to the School and I shall extend my fullest co-operation always.”

That is to say any amount paid by the complainant regarding the admission of his son is non refundable.  This is the terms and conditions in which he himself made in the application.  Accordingly the complainant’s son was selected for admission and on 11.04.2011 the complainant had paid 1^st term tuition fees (4 months) Rs.3,700/-, 1^st term computer fees (4 months) Rs.200/-, Maintenance fees Rs.1,800/-, Miscellaneous fees Rs.2,200/-, Admission fees Rs.8,000/-, Books/uniform etc.,. Rs.2,294/- under different receipts that is in all Rs.18,194/-.  The son of the complainant was admitted to the school he attended the classes for 15 days admittedly.  When the complainant discontinued from the classes? is not stated by the complainant or by the opposite party in their pleadings?

7.       The complainant has made a request to the opposite party on 29.06.2011 seeking refund of the amount that was rejected by the opposite party. 

8.       The relevant portion of the application for refund reads thus:-

“Sub:   Refund of Admission fees for omswaroop.G

With reference to the above subject, from 18.06.2011 to till now Omswaroop.G is not attending school (as per our telephonic conversation) due to hospitalized because of severe health problem, as per doctors suggestion he is not adjusted to Bangalore weather better to stay at his birth place, now he is shifting to his birth place, please consider my request and arrange the refund of admission fees after deduct ion of books, bag, socks and 15 days school fees.”

That is to say the weather of Bangalore is not suited to the son of the complainant hence he has been shifted to the birth place.  This application is as bald as it could be.  The complainant and his son are living in Bangalore from date of birth.  Then how can the Bangalore weather is allergytic to the son of the complainant?

9.       The complainant has produced discharge summer of M.S. Ramaiah Memorial Hospital.  The entire discharge summery reads thus:-

That is to say the son of the complainant was admitted on 13.04.2011 as he was suffering from fever, chills, jerks of limbs and the child was treated up to 30.04.2011 and discharged and he was given certain medicines that’s all and the child is heal and healthy.  When the child has attended the classes for 15 days after the admission that means after 30.04.2011 the child has attended the classes.  Because the child was admitted to the hospital on 13.04.2011 and discharged on 30.04.2011.  That means there was no problem in the health of the child when the child was admitted to the school of the opposite party.

10.     Merely the complainant has shifted his son to another school it does not mean the opposite party is liable to pay the amount to the complainant.  The opposite party taken admission fee and kept one seat vacant.  Hence under these circumstances there is no justification in ordering payment of the amount back to the complainant. 

11.     The complainant has also not come to the forum with clean hands as rightly contended.  The complainant never stated where his son is studying now? and what he is living now?  In the application to the opposite party the complainant has simply stated that the son has been shifted to the birth place.  But in the complaint he has stated that he is not well.  If really there were to be a health problem and because of that the son of the complainant discontinued the education then on the ground of mercy and equity the forum would have considered ordering payment of certain amount.  But here there is no such thing.  After treatment from the hospital and after discharging from the hospital the son of the complainant was admitted to the school and he attended the classes for 15 days without any problem in the health and the complainant got him discharged for all the reasons best known to him.  Hence for his fault he cannot blame the opposite party. 

12.     Here as the entire fee has been received for the academic year and one seat has been kept vacant the opposite party has to spend the amount to the teaching staff to the maintenance of the school in full.  Hence it cannot be ordered to refund any amount.  There is no deficiency in service.  Hence we hold the above points accordingly and proceed to pass the following:-

ORDER

1.        The complaint is Dismissed.  No order as to costs.

2.       Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.

3.       Send a copy of this order to both the parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 16^th Day of November 2011)

MEMBER                                               MEMBER                                         PRESIDENT