IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM

            DATED THIS THE 16^Th  DAY OF APRIL  2018

Present: -    Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

         Sri. M.Praveen Kumar,Bsc, LLB ,Member

       CC.No.45/2016

Master Jiju.M.Santhosh                           :                  Complainant

S/o Santhosh .P.Abraham

Meledath Pulithitta Vadakel

Piravanthur P.O

Punalur – 689 696

Represented by his father and guardian

Santhosh .P.Abraham

[By Adv. Kishore .P, Kollam]

V/S

1.                Sabarigiri Senior Secondary :                  Opposite parties

School, Tholicode P.O

Punalur – 691 333

Represented by its Manager

          2.       The Principal

                   Sabarigiri Senior Secondary School

                   Tholicode P.O

                   Punalur – 691 333

          3.       The Central Board of Secondary Education

                   Represented by its Regional Officer

                   Central Board of Secondary Education

                   Block – B, 2^nd Floor, LIC Divisional Office Campus

                   Pattom, Thiruvananthapuram – 695004

ORDER

SRI. M. PRAVEEN KUMAR, MEMBER

 Complainant’s case is that complainant was a student of the 1^st opposite party school in standard VI during the academic year 2014-15.  Complainant joined the school in LKG in the year 2007-08 and in 1^st

(2)

standard in the year 2009-10. The complainant was permitted to study in the school after collecting fees and other amounts demanded by the 1^st and 2^nd opposite parties.

2.      Complainant got admission in Jawahar Navodaya, Kollam at Kottarakkara to standard VI during the academic year 2014-15 after passing the entrance examination conducted for the admission.

3.      Complainant had to join JNV on 21/07/2014 after obtaining the Transfer Certificate from the 2^nd opposite party. Complainant’s parents  submitted application for transfer certificate on 18/07/2014 pointing out the reason for the same. Complainant had remitted the monthly fee and term fee upto July 2014 before filing the application for Transfer Certificate. In the class division of the complainant there was only 39 students during the year which is below the permitted strength.

4.      When  the application for Transfer Certificate was submitted, the 2^nd opposite party directed the complainant to remit the whole year’s remaining fee for issuing the transfer certificate , also informed the complainant that if whole years remaining fee is not remitted the transfer certificate will not be issued.

5.      Since the last date for submitting the transfer certificate before JNV was about to due complainant was forced to pay the amount as demanded. On such demand complainant was forced to pay an amount of Rs.11,680/- (bill No.1411 dated 19/07/2014 for Rs.3000/- (term fees III & IV), Bill No.1861 dated 19/07/2014 for Rs.8280/- (Tuition fee from August to March ) & Bill No.1612 dared 19/07/2014 (SESDP charges for August to March). Complainant was forced to pay the amount, under protest, otherwise the admission in JNV would have been cancelled .

(3)

6.      According to complainant opposite parties have no right to demanded and collected the fee for the remaining period of the Academic year (ie August  2014 to March 2015) for issuing the transfer certificate in month of July ; which is an illegal demand. Complainant’s father send a notice to the second opposite party demanding the refund of the amount of Rs.11,680/- with 18% interest, which was received by the second opposite party, but neither returned  the amount nor gave any reply.

7.      The collection of Rs.11,680/- for issuing the transfer certificate is illegal and it amounts to unfair trade practice.

8.      Hence the complainant approached the Forum for getting an amount of Rs.11,680/- (Rupees eleven thousand six hundred and eighty only) with interest @18% since 19/07/2014 , Rs.50,000/- towards the compensation for the mental agony, discomfort and ill reputation caused to complainant and his father and to pay cost of the proceedings.

9.      Opposite parties 1 and 2 filed version contending that there is no truth or merit in the complaint. In fact it has been filed with the malafide intention to drag on these respondents in this unnecessary proceeding and harass and vex these respondents and also with the malafide intention to defame or destroy the goodwill of the respondent’s school.

10.    The complainant was a student of the 1^st respondent’s school, which is admittedly a self financing institute which is under the management and administration of the first respondent.

11.    The 1^st opposite party school is an unaided school. The school management used meet the running expenses and salary of its staffs from the fees collected among the children and based on the strength of each class, the staff were providing as per the ratio and rules provided by the concerned education departments and the said principles is followed

(4)

by almost all school in the same category. The fees structure is calculated before starting admission.

12.    The complainant was a student of the 1^st respondent school and it was during the academic year 2014-2015, he wanted Transfer Certificate from the school in order to join Jawahar Navodaya Vidyalaya, Kollam and as requested by his parents, the 1^st respondent had issued Transfer Certificate after completing all formalities. As stated above he has to forgo the fees already remitted. The school management is compelled to follow in above proceedings in view of the welfare of the other students and management.

13.    The complainant has no case that because of the action or in action of these respondents, he has lost any chance or his opportunity or he has suffered any damage or loss from these respondents either the amount so claimed or any other amount . In the interest of justice and for ends of justice, it is most humbly prayed that this Hon’ble Forum be please to accept this version and dismiss the complaint with cost of these respondents.

14.    Though the opposite party 3 received notice from the forum they have neither appeared before the forum nor filed any written version.  On 04.11.2016 opposite party 3 called absent and set exparte.

15.    Subsequently case is included in the list on 05.07.17 and the same day complainant present and examined as PW1 and documents were marked as Ext.P1 to P6.  Opposite parties called absent.  No representation.  Posted for opposite partied evidence on 16.01.18.  In the same day opposite party No.1&2 called absent, no representation.  No vakalath seen filed.  Hence opposite party 1 &2 declared as exparte.

(5)

16.    In view of the above pleadings the points that would arise for consideration are:-

1. Whether the complainant is entitled to get/ refund of an amount of Rs.11,680/- from opposite parties?
2. Whether there is any negligence/ deficiency in service/unfair trade practice on the part of opposite parties?
3. Reliefs and costs?

17.    Evidence on the side of the complainant consists of oral evidence of  PW1 and got marked as Ext.P1 to P6 documents.  opposite party No.1 and 2 also not co-operated while recording evidence and they were also set   exparte.

Points No.1&2

18.     For avoiding repetition of discussion of materials these two points are considered together.  The following are the admitted facts in this case.  The son of the PW1 was a student of 1^st opposite party school in standard VI during the academic year 2014-15 and had remitted the monthly fee and term fee up to July 2014.  An amount of Rs.11,680/- was collected by the 2^nd opposite party at the time of issuing the Transfer Certificate. Ext.P1 and P2 bills issue to the complainant would establish the same.  It is also  clear from Ext.P5 lawyer notice that the complainant had contacted the 2^nd opposite party and demanded the amount which  was forcefully collected at the time of issuing  Transfer Certificate  and  also intimated deficiency in service committed by them and calling upon opposite party 2 to pay the amount with interest @ 18% per annum .  A copy of the Transfer Certificate issued  by the 2^nd opposite party is got marked as Ext.P4. In view of the reason in column No.16 of Ext.P4  Transfer Certificate  it is clear that the complainant’s son obtained Transfer Certificate for the purpose of obtaining admission in Javhar Navodaya School .

(6)

19.    In view of the unchallenged averments in the proof affidavit and P1 to P6 documents we are satisfied that the complainant has proved his case. Opposite parties 1 and 2 illegally and forcefully collected an amount of    Rs.11,680/- from the complainants and they are not even returned the same to the complainant so far even after the demand made through Ext.P5 lawyer notice . The materials discussed above would make it clear that the case would come under the purview of Consumer Protection Act 1986.

20.    The unchallenged averments in the proof affidavit coupled with Ext.P1 to P6  documents would establish that there is gross negligence , deficiency in service and unfair trade practice on the part of opposite parties 1 and 2 and therefore the complainant is entitled to get back Rs.11,680/- being the amount which was collected at the time of issuing Transfer Certificate as future fee , compensation  and costs of the proceedings . The points answered accordingly.

Point No.3

21.    In the result, complaint stands allowed, directing opposite parties 1 and 2  to return Rs.11,680/- with interest @ 9% per annum from the date of payment ie 19/07/2014, Rs.10,000/- as compensation and Rs.2500/- as costs of the proceedings within 45 days from today failing which the complainant is entitled to realize Rs.21,680/- with interest @12% per annum from the date  of payment ie (19/07/2014 till realization along with costs Rs.2500/- from opposite parties 1 and 2 jointly and severally and from their assets.

          Dictated to the Confidential Assistant Smt.Vijimole.G transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 16^th  day of April 2018.

                                                                                                                    E.M.Muhammed Ibrahim:Sd/-

                                                                                                                   M.Praveen Kumar: Sd/-

                                                                                                                   Forwarded/by Order

                                           Senior Superintendent

(7)

INDEX

Witnesses Examined for the Complainant

Ext.PW1:- Santhosh .P.Abraham

Documents marked for the complainant

Ext.P1:-  Bill.No.1411 dated 19/07/2014  from Sabarigiri  Science & Sports  Club,

          punalur

Ext.P2:-  Bill.No.1861 dated 19/07/2014 from Sabarigiri Senior Secondary School       

Punalur

Ext.P3:-  Bill.No.1612 dated 19/07/2014

Ext.P4:-  Copy of Transfer Certificate  No.37 dated 19/07/2014 from Sabarigiri

                Senior Secondary School, Punalur

Ext.P5:-  Copy of notice dated 28/03/2014

Ext.P.6:-Acknowledgment card

                                                                                                            E.M.Muhammed Ibrahim:Sd/-

                                                                                                            M.Praveen Kumar: Sd/-

                                                                                                             Forwarded/by Order

                                     Senior Superintendent