Orissa

Sambalpur

CC/83/2017

Dakarushi Naik - Complainant(s)

Versus

Principal of D.P.S. Sason - Opp.Party(s)

21 Nov 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 83/2017

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Dakarushi Naik,

S/O- Muralidhar Naik,

R/O- LIC of India Chandan Nagar, Near Mandalia,

Po-Khetrajpur,

Dist-Sambalpur.                                                   ...………..Complainant

                                                Versus

Principal,

D.P.S Sason,

Dist-Sambalpur-768200.                                               .…………...Opp.Parties

 

Counsels:-

1. For the Complainant                   :-         Sri. P.Pradhan, Advocate & Associates
2. For the O.P.No.1                                      :-         Sri. S.C Dash & others.

 

Date of Filing:13.12.2017,Date of Hearing :XXXXX, Date of Judgement : 21.11.2022

 

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant filed this complaint alleging deficiency in service of the O.P. Daughter of the Complainant namely Ajaswee Naik deposited Rs. 5250/- to-wards registration and seat booking charges with the O.P. school to take admission in 1^st year of +2 science. Vide cheque No. 007152 dated 14.06.2017 Axis Bank Rs. 20,000/-amount deposited and the O.P. granted receipt No. 5497 dated 14.06.2017. when Ajaswee Naik did not take admission the O.P. returned back the documents and school leaving certificate. After number of time approach also the O.P. did not return the assured amount of Rs. 25,000/-. The O.P. harassed the Complainant and lastly said that the school is running in loss. An advocate notice dated 13.11.2017 was also sent but it was in vain. Being aggrieved this complaint was filed.
2. The O.P. after appearance filed the version. The O.P. admitted the payment of Rs. 5250/- and Rs. 20,000/-. Ajaswee Naik took her admission in school and also hostel. The O.P. not assured to refund Rs. 25,000/- to the complainant. The O.P. admitted the receipt of pleader notice but due to engagement in school duty could not answer it. The fees paid by the complainant is non-refundable as per Rules and regulations of the school. The case deserves to be dismissed.
3. Perused the documents filed by the Complainant. The O.P. has not filed any single document. From fees structure 2017-2018 it reveals that fees for XI-XII SC. for April 2017 fixed at Rs. 25,000/-, July-2017 Rs. 25000/-, Oct-2017-Rs.25,000/- and Jan-2018-Rs. 25,000/-. Admission fees to be paid once for the entire tenure of child for Rs. 15,000/-. The O.P. issued receipt No. 5415 dated 05.05.2017 for Rs. 5250/- to-wards registration and seat booking. On 14.06.2017 the O.P. granted receipt No. 5457 for Rs. 20,000/-. On 04.08.2017 the Complainant issued registered letter to Regional officer, C.B.S.E., Bhubaneswar wherein it is mentioned that principal Guru Nanak Public School, Khetrajpur allowed his daughter having student ID No. 8436. The original transfer certificate No. 2906 Admn. No. 10549 dated 10.06.2007 issued by CARMEL SCHOOL, Rourkela submitted on 14.06.2017 has been returned and requested to direct the O.P. to refund Rs. 25,000/-. The Complainant filed copy of RTI/256/2017/12246 dated 14.09.2017 issued by CPIO and Asst. Secretary, CBSE, Bhubaneswar, Copy of RTI Application dated 05.10.2017, 1^st appeal petition under R.T.I. Act. The Regional office, Bhubaneswar informed the complainant, the reply of O.P. wherein clarification has been sought for on 13.10.2017 by Sujata Lenka, Principal. On 13.11.2017 pleader notice was issued.
4. After perusal of the documents filed the following issues are framed:
103606587.  

1. Is there any deficiency on the part of the O.P. not refunding the admission fees amounting to Rs. 25,000/- to the Complainant.
2. What relief the Complainant is entitled to get?

Issue No.1 Is there any deficiency on the part of the O.P. not refunding the admission fees amounting to Rs. 25,000/- to the Complainant.

When education becomes commodity, certainly this type  of problem are brought before the court of law. Both the parties admitted the payment of admission fees and receipt of the fees amounting to Rs. 25,000/- of the O.P. it reveals that admission fees for April 2017 for class XI-XII SC is Rs. 25,000/- the said fact also admitted by the O.P. From clarification sought for by Sujata Lenka, Principal. The O.P. admitted that Rs. 15,000/- as one time admission fees and Rs. 10,000/- to-wards reservation of hostel seat paid to-wards the installment of hostel fees. The O.P. when demanded the refund of admission fees of his daughter, the O.P . remained silent. Although advocate notice was given by the Complainant and admitted the receipt, the O.P. remained silent. In the version also the fact of admission fees of Rs. 15,000/- and 10,000/- hostel fees has not been narrated by the O.P. Here a question arises if the admission fees is Rs. 25,000/- how the O.P. allowed for Rs. 15,000/- to the Complainant. In the other hand if Rs. 10,000/- taken then why receipt has not been granted. Manipulation of records are there, only for said reason the O.P. not submitted the admission form of Ajaswee Naik and also hostel admission application, brochure for admission, approval letter of the higher education department. It proves the malafide of the O.P. The Complainant in his letter dated 04.08.2017 categorically mentioned several times the O.P. contracted on 14.07.2017, 15.07.2017, 25.07.2017, 27.07.2017 and 28.07.2017 to the Public Relation officer of the O.P. but it became futile. The harassing attitude of the O.P. compelled the Complainant to knock the door of the Forum/Commission. The O.P. had not cancelled the S.L.C. which proves the commercial attitude of the O.P. A chance was also given to the O.P. for settlement of dispute in Lok Adalat but the O.P. remained aloof.

The issued is answered in favour of the Complainant.

Issue No.2 What relief the Complainant is entitled to get?

From the supra discussion it is apparent that the complaint is entitled for the relief partly. The Complainant is entitled for Rs. 10,000/- out of Rs. 25,000/- admission fees as Rs. 15,000/- is non-refundable and being agreed took the admission of his daughter Ajaswee Naik.

The issue is answered accordingly.

It is ordered:

ORDER

The Complainant is partly allowed against the O.P. The O.P. is directed to refund Rs. 10,000/- with 10% interest P.A. w.e.f. 29.06.2017 within one month of this order. Further to-wards harassment and compensation the O.P. is liable to pay Rs.1.00lakh to the complainant along with litigation expenses of Rs. 10,000/-. In case of non-payment the entire amount will carry 12% interest till realisation.

                   Order pronounced in open court on this 21^st day of Nov. 2022.

                   Supply free copies to the parties.