Date of Filing : 08.04.2011
Date of Order : 28.09.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 28th SEPTEMBER 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
COMPLAINT NO. 695 / 2011
B. Saravanan,
55, 6th Cross, 3rd Main,
K.R. Puram, New Extension,
Bangalore – 560 036. ……. Complainant
V/s.
Mr. D.K. Mohan,
Chairman, Cambridge School &
Composite PU College,
Basavanapura Road, K.R. Puram,
Bangalore. …… Opposite Party
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986.
Brief facts of the case are that Complainant has purchased application form from OP on 18.11.2010 for admission of his daughter to Play Home for the classes starting from June 2011 and admission was granted. He has made total payment of Rs.24,800/- on the interview date 16.12.2010 towards admission fees, tuition fees, sports fees & magazine fees. Unfortunately, Complainant’s mother developed chronic renal disease and admitted to Hospital at Chennai and Complainant spent Rs.1,00,000/- for her treatment. Further, her mother needs to undergo dialysis for 3 times a week for lifelong which costs Rs.24,000/- per month. He decided to take transfer from Bangalore to Chennai. Hence, he requested OP to cancel the admission. In spite of several requests, OP has not refunded the admission fees. Hence he filed the Complaint seeking refund of admission fees of Rs.24,800/- and costs from the OP.
2. OP filed version admitting the payment of Rs.24,800/- from the Complainant. OP denied other averments made in the Complaint. There was a condition in the registration form for admission that once admission is granted there will be no refund of any payment for any reason and after reading the same Complainant has signed the same. Hence, the Complainant is not entitled for refund of the amount. OP prayed to dismiss the Complaint.
3. Arguments are heard.
4. Points for consideration are as follows:
(1) Whether the Complainant is entitled for the refunf of the fees?
(2) What order and relief ?
5. It is the admitted case that Complainant has paid Rs.24,800/- to the OP as admission fees to admit his daughter. Complainant has produced Receipt dtd. 16.12.2010. As per this Receipt, Rs.500/- is for sports fees, Rs.20,000/- is for registration fee, Rs.300/- is for magazine fees & Rs.4,000/- is for tuition fee. Total amount paid by the Complainant comes to Rs.24,800/-. It is the case of the Complainant that unfortunately his mother developed chronic renal disease and was admitted to the Hospital at Chennai. He has spent about Rs.1,00,000/- for her treatment and she needs to undergo dialysis and therefore he decided to take transfer from Bangalore to Chennai to support his mother. Under these circumstances, he was forced to cancel the admission of his daughter with the OP School. He intimated the Principal of the OP about cancellation on 17.01.2011, but unfortunately OP refused to refund the fees amount on the ground that as per the School rules fees once paid will not be refunded. Since the OP failed to refund the fees, Complainant was forced to approach Forum for getting justice. The only defence taken by the OP is that once the admission is granted there will be no refund of payment and relying on this condition OP is refusing to refund the amount. Admittedly, Complainant’s daughter not attended any classes in OP school. Fee was paid on 16.12.2010 and on 17.01.2011 itself Complainant cancelled the admission and intimated to the Principal. Complainant was forced to cancel the admission of his daughter in the OP school, because his mother was hospitalized in Chennai for treatment and he decided to take transfer from Bangalore to Chennai to support his mother. So, under these circumstances, there was a bonafide reason to cancel the admission with the OP school. The mind-set or trend of the service provider that once fees paid will not be refunded for any reasons requires to be changed. The said condition is neither enforceable nor acceptable in the eyes of Law. Hon’ble National Commission and several State Consumer Commissions have held in several decisions that the policy of non refund of the school fees on cancellation of admission cannot be acceptable and school authorities cannot impose such condition. OP cannot take financial benefit without giving any service to the consumer. When the child of the Complainant not at all attended the classes and cancellation of admission was intimated well in advance, OP Institution should have refunded the fee by deducting one or two thousand rupees towards registration form, administration charges, etc. To deny the entire amount is unjustified and there is no legal basis to the OP Institution for not refunding the fees received from the Complainant. Under the facts & circumstances of the case, it is a fit case to direct the OP to refund Rs.22,800/- out of Rs.24,800/- received from the Complainant. Let the OP take Rs.2,000/- towards registration, administration charges etc. and refund Rs.22,800/- to the Complainant. Consumer Protect Act is a social & benevolent legislation intended to protect the better interest of consumers. Complainant being a consumer, his interest requires to be protected by passing orders for refund of the fees. If the refund is not allowed, complainant will be put to financial loss without getting any service from the OP. On the other hand, if the OP is ordered to refund the amount, no injustice or loss would cause to the OP since the amount received from the Complainant is being refunded. With the above reasons, I am of the opinion that the Complaint is fit to be allowed. In the result, I proceed to pass the following:
ORDER
Complaint is allowed. OP Institution is directed to pay Rs.22,800/- to the Complainant within 30 days from the date of this order.
In the event of non compliance of the order, the above amount carries interest @ 9% P.A. from the date of this order till the date of payment.
OP is directed to send the amount by way of Demand Draft / Cheque directly to the Complainant with an intimation to this Forum.
Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 28th day of September 2011.
Order accordingly
PRESIDENT
I concur the above findings
MEMBER
