By Sri. Chandran Alachery, Member:

The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite parties to refund Rs.8,000/- as fees collected from the Complainant and to pay Rs.50,000/- as cost and compensation.

2. Complaint in brief:- The Complainant's son Muhammed Ishan was admitted in English Medium School in LKG which is run by Opposite Parties. The Complainant's son was promoted to 1^st standard while studying in 1^st standard, the Opposite Parties attitude and behaviour became very bad and there was service deficiency from their side, the Complainant's son was forced to discontinue the education at Opposite Party's institution and got admission at St. Joseph School, Cherukalloor. The Complainant's son was got admitted at Opposite Party's institution only by believing the wide publicity made by the Opposite Parties. On 26.05.2015, the Complainant paid Rs.8,000/- towards fees which includes books, uniform etc. But the Opposite Parties not supplied the books even after the elapse of June and July months. In UKG, the Complainant's son got scholarship and the certificate and medal of scholarship exam is not so far supplied to the student. No snacks and drinking water is allowed to the students. The Bath room facility is very bad. If the parents questions these things to the Management, the management is behaving very badly to the students. At the beginning, the Complainant's son was taken to the school in the 1^st trip of school bus and taken back in the 1^st trip. But due to the vengeance, the Opposite Parties changed the time to the last trip. It caused much difficulties to the student and it is a cruelty towards the student. Since the Complainant find it very difficult to continue, the Complainant's son was got admitted at St. Joseph School which is 5 km away from the residence. There is deficiency of service from the part of Opposite Parties. Aggrieved by this the complainant filed this complaint.

3. On receipt of complaint, notices were issued to Opposite Parties and Opposite Parties appeared before the Forum and filed version. In the version of Opposite Parties, Opposite Parties admitted that the Complainant's son studied in the school from LKG to 1^st standard. From the 1^st standard the Complainant's son studied only for few months and left the school. The Complainant's son studied in the school in a good level. The parents are approaching the school due to the good willing of the school and also due to very low fees, free uniform, books, worksheets, traveling etc. The school management is following the strict rules per law. The Complainant's son Muhammed Ishan had paid 1^st instalment fees on 26.05.2015 and the student availed free uniform, books, worksheets, transport etc. Backery, Maida, snacks etc are not encouraged in the school. The drinking water and toilet are usually inspected by the Health Inspector, PHC, Varadore. The Opposite Parties denied all other materials allegations in the complaint. The Opposite Parties are dropping the student before 4.30 PM every day and the contrary allegation is denied by Opposite Parties. There is no deficiency of service from the part of Opposite parties.

4. On perusal of complaint, version and documents, the Forum raised the following points for consideration.

1. Whether there is deficiency of service from the part of Opposite Parties?

2. Relief and costs.

5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Exts.A1 to A6. The 2^nd Opposite Party also filed proof affidavit and the 2^nd Opposite party is examined as OPW2 and Exts.B1 to B12 are marked. Opposite Party's witness is examined as OPW2, OPW3 and OPW4. Ext.A1 is the petition given to the Opposite Parties by the Complainant demanding to refund Rs.8,000/- paid as fees. Ext.A2 is the copy of application filed by the Complainant before TLSC, Mananthavady praying for an order direct the Opposite Parties to refund fees, Ext.A3 is the notice issued by the TLSC for appearance in the TLSC by the Opposite Parties, Ext.A4 is the receipt issued by the Opposite Parties on payment of Rs.8,000/- as fees. Ext.A5 is the answer paper of Muhammed Ishan, Ext.A6 is the personal data book of Muhammed Ishan. Ext.B1 is the copy of deed of trust of the Opposite Parties institution, Ext.B2 is the Government order giving NOC for CBSE/KSE affiliation of Opposite Parties Institution, Ext.B3 is the student evaluation profile of Muhammed Ishan, Ext.B4 is the performance profile, Ext.B5 is the copy of rules and fees structure of the Opposite Parties institution. Ext.B6 is the certificate of Muhammed Ishan, Ext.B7 is the letter of endorsement, Ext.B8 is the photos of Rank Holders in MECT Scholarship. Ext.B9 is the letter of MECT regarding the result of Muhammed Ishan. Ext.B10 is the answer sheet of Muhammed Ishan, Ext.B11 is the list, Ext.B12 is the Complaint given by the Complainant to the Opposite Parties regarding the problems faced by the Complainant's son. On verifying Ext.B5 document ie the terms and conditions of the school and fees, it is seen that in the 1^st clause, the total fees for 2015-16 academic year is Rs.16,000/-. Out of which Rs.8,000/- is paid by the Complainant as 1^st term fees. The balance is to be paid before 30^th August 2015. As per clause 8, the uniform to the students will be given free of cost. As per clause 12, fees for school bus is free. On verifying Exts.B3, B4, B6, B8, and B10 it is seen that the performance level of the student Muhammed Ishan is very good and got certificate of excellence from MECT. Ext.B11 is the list of students, parents and their signature, Ext.B12 is the complaints given to the Principal of Opposite Party's institution. On verifying Ext.B5 it is seen that the uniform for the students studying in LKG, 1, III, V, VII & IX will be freely supplied to the students. More over, as per Ext.B5, no fees are levied for school bus arranged for the students travel. Those students who intends to study any one of Dance, Karatta or Chanda melam, it will be provided freely. The total fees for one academic year for 1^st standard is Rs.16,000/- on 26.05.2015. The Complainant's son studied in the school from June and July months according to Complainant and up to August according to the Opposite Party. As per Ext.B5 document the 2^nd term fees is to be paid in the month of August. The Complainant's son attended June, July classes and availed work sheets and school bus facility apart from uniform. As per records, the study level of the Complainant's son is very good and excellent. Minor complaints like incorrect size of uniform, time of school bus change etc are not the sufficient causes for change of school and demand for the refund of remitted fees. Every school will have its own rules and regulations. The Complainant who examined as PW1 deposed before the Forum that he had joined his son in the school after knowing the rules and regulations. In a ruling reported in CPR 2014 April Part 4, the State Commission of Uthrakhand ruled that withdrawal from MBBS course midway – the institution is not bound to refund fee after cancellation of admission. It is necessary for respondent for claiming refund of fee to apply to the institute well in time. If such application is made before expiry of last date of admission and the seat so vacated is filled by institution, the applicant is entitled to get refund. But here it is seen that admission is already over and the applicant attended class for 2 months. Now the Complainant's son is studying in another school by paying huge fees. On an over all evaluation of the records and evidences, the Forum found that there is no deficiency of service from the part of Opposite Parties. Point No.1 is found accordingly.

6. Point No.2:- Since point No.1 found against the complainant, the Complainant is not entitled to get cost and compensation.

In the result, the complaint is dismissed. No order as to costs.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 14^th day of November 2016.

Date of Filing:14.03.2016.

PRESIDENT : Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

A P P E N D I X.

Witness for the complainant:

PW1. Sareena. Complainant.

Witness for the Opposite Parties:

OPW1. Sandhya Viswan Principal, Yathi School, Pachilakkad.

OPW2. Vipin Varghese Taxi Driver.

OPW3. M.M. Cheriyan. Agriculture.

OPW4. Sivadasan. Ex- State Coordinator, MECT, Vengara.

Exhibits for the complainant:

A1(1). Copy of Letter. dt:03.09.2015.

A1(2). Acknowledgment.

A2. Copy of Complaint. dt:07.10.2015.

A3. Notice. dt:29.10.2015.

A4. Receipt. dt:26.05.2015.

A5. Answer Paper of Muhammed Ishan.

A6. Personal Data Book.

Exhibits for the Opposite Parties:

B1. Copy of Deed of Trust. dt:14.02.2015.

B2. Copy of Order. dt:12.11.2013.

B3. Student Evaluation Profile.

B4. Performance Profole.

B5. Copy of Rules and Fees Structure.

B6. Certificate of Excellence.

B7. Letter. dt:16.09.2015.

B8. Photos of Rank Holders in MECT Scholarship.

B9. Copy of Letter. dt:07.05.2016.

B10. Answer Sheet.

B11. Copy of List.

B12. Letter. dt:03.09.2015.