ORDERS ON ADMISSION
The COMPLAIANT filed this complaint to direct the OP to return the full fee amount paid Rs.2,13,950/- and the legal expenses and travelling cost from his work place Noida back to Bangalore costing Rs.50,000/- as a compensation.
It is the contention taken by the complainant that he has admitted his daughter Sanvi Avasti to Class 4 for academic year 2020-21 in the OP public school and the fees for 4th class is Rs.3,27,900/- which is inclusive of donation as well as annual fee. As per the demand made by the OP, the complainant has paid Rs.1,00,000/- in cash towards first instalment and Rs.1,13,950/- towards the second instalment. He has not received any acknowledgement or receipt and he has paid the other instalment of Rs.1,13,950/- by way of RTGS through HDFC Bank on 16.05.2020. The complainant has totally paid Rs.2,13,950/- towards the admission fee.
After paying the admission fee as well as donation to OP school in May the complainant was transferred from Bangalore in the month of June. If he has known prior about the transfer he would not have been foolish enough to pay Rs.2,13,950/- to the school and running around the courts to recover this amount. The OP have informed the complainant that he has not informed them in advance about the transfer and hence they refused to refund the amount.
It is further contention taken by the OP that the fees once paid is not refundable. Hence he has filed this complaint for recovery of Rs.2,13,950/- with compensation.
On this back ground we have gone through the decision of Hon’ble NCDRC in 2022(4) CPR 304 (NC) between Amruta Bharati –vs- Secretary, Council for Indian School and another. It is clearly held by the Hon’ble NCDRC that
the institutions rendering education including vocational courses and activities undertaken during the process of pre-admission as well as post-admission and also imparting excursion tours, picnics, extra co-curricular activities, swimming, sport, etc. except Coaching Institutions, will, therefore, not be covered under the provisions of the Consumer Protection Act 1986.
The OP is an education institution and hence this Consumer Commission has no jurisdiction to entertain this complaint. Hence we proceed to pass the following;
ORDER
Complaint is not admitted. Complaint is ordered to be return to the complainant to file it before the proper jurisdictional court.
(JYOTHI N.) MEMBER | (SUMA ANIL KUMAR) MEMBER | (M.SHOBHA) PRESIDENT |
