D.o.F. 27/9/06<br /> D.o.O: 31/5/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.No.108/06 <br /> Dated this, the 31st day of May 2008 <br /> <br /> PRESENT:<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SRI.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> <br /> C.Dinesh,<br /> Raz Quarters : Complainant<br /> Nileshwar.<br /> <br /> 1.Manager,<br /> Jeevan Vidya School,Nileshwar. : Opposite parties<br /> 2. Princiapl,<br /> Jeevan Vidya School,Nileshwar<br /> <br /> ORDER<br /> SRI.K.T.SIDHIQ: PRESIDENT<br /> In short, the complaint seeks an order for refund of Rs.275/- the amount he paid towards the admission fee and tuition fee for one month to opposite parties with compensation of Rs.20,000/- and cost of Rs.2000/- since his child Meenu did not allow to continue her studies in opposite parties school.<br /> <br /> 2. In reply the opposite parties submit that both the Principal and manager is one and same person. Opposite party admit the admission of the complainant’s child and receipt of admission fee of Rs.275/-. According to opposite party, Meenu, the daughter of the complainant was under aged and she continued to cry when parents left school. The child could not be pacified and the child did not attend the class next day onwards. Head Mistress was ready to refund the fee collected but the complainant did not turn up. According to Opposite party there is no mental agony and hardship or loss to the complainant. Hence he is not entitled to get any relief from the opposite parties. Since an educational institution does not come under the purview of the C.P.Act complaint is not maintainable before the Forum. <br /> 3. It is well settled by the Apex Commissions that an educational institution rendering service by accepting fee will come within the purview of C.P.Act and for the deficiency of service they are liable. Hence the complaint is maintainable and Forum has got jurisdiction to deal the matter.<br /> 4. Complainant examined as PW1 and Ext.A1 is marked. For opposite parties RW1 who holding both the post of principal and manager tendered evidence. During evidence opposite party submitted that he is ready to refund Rs.275/- It is the case of the complainant that he approached the school authorities claiming refund but the opposite party refused. During cross-examination PW1 stated that his child got admitted in St.Peters School in Pre. K.G class. According to opposite party there is no Pre K.G in opposite parties school . Hence the contention of opposite parties that the child was under aged is true. The child has not lost any academic year. Hence we do not find any reason to award compensation to the complainant. .<br /> <br /> Hence we partly allow the complaint and the opposite parties are directed to refund Rs.275/- along with sum of Rs.1000/- towards the cost of proceedings. Time for compliance of this order is limited to 30 days from the date of receipt of copy of this order. Failing which upon the application of the complaint proceeding under section 25&27 of the C.P.Act will be initiated against opposite parties.<br /> Sd/- Sd/- Sd/-<br /> MEMBER MEMBER PRESIDENT<br /> Ext.A1.Receipt of Rs.275/-<br /> PW!-Dinesh-complainant <br /> Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT<br /> <br /> Eva/ Forwarded by Order<br /> <br /> SENIOR SUPERINTENDENT<br />