By Smt. Padmini Sudheesh, President:
The case of complainant is that the complainant is a minor and father is conducting the case for and on behalf of her. She was admitted at respondent school on payment of Rs.10,000/- towards donation, Rs.9270/- towards admission fee and tuition fee for one year and Rs.1050/- towards the conveyance fee for 3 months. She was started to go to that school from 18.6.07. But the school is very far away from her house and the journey caused physical difficulties to her and her father decided to admit her, a school nearest to her house. When this matter was intimated to respondent they have issued the documents necessary from their school but they refused to return the donation, tuition fee, admission fee etc. The minor complainant was studied at the school only for two days and she is entitled to get back the entire amount remitted with the school. The non return of the amount is a deficiency in service of respondents. Hence the complaint.
2. The counter averments of respondents are that there is no consumer relationship between the complainant and respondents. It is incorrect and denied that Rs.10,000/- was accepted as donation and Rs.9270/- as admission fee and Rs.1050/- as conveyance fee. At the time of admission only the fees which are legally entitled are collected. It is incorrect that the minor complainant felt tired during the journey from the school to her house. She is 17 years of age and is healthy. There is only 14 kms. distance from the house and school. There are school bus service and hostel facility at the respondents’ school. The minor complainant failed to attend the school without any reason. There are several intimations given from the school with regard to non-attendance of the student at the school. The discontinuance of the study at the school is with the reasons unknown to the respondents. There is no mental agony caused to the complainant. The complainant is not entitled to get back the fees or any amount remitted. Hence dismiss.
3. The points for consideration are that:
(1) Whether there is any deficiency in service from respondents?
(2) Other reliefs and costs.
4. The evidence consists of oral testimonies of PW1 and RW1 and Exts. P1 to P4.
5. Points: The complaint is filed to get back the fees remitted with the respondent school at the time of admission of minor complainant at the school. The case is that the original complainant was admitted at the school and paid Rs.10,000/- as donation, Rs.9270/- as admission fee and tuition fee, and Rs.1050/- as conveyance fee. She was studied only for two days and discontinued the study due to personal problems and joined in another school. This complaint is filed to get back the amount remitted at the school. It is the contention of respondents that the student has discontinued the study only at her own wishes and there is no fault on the part of respondent school. She is not entitled to get backs the amounts remitted.
6. During the pendency of the case the complainant became major and she is examined as PW1 and Exts. P1 to P4 documents are marked from her side. It is her version that the joining at the respondent school and discontinuance are according to her wish. It is her case that due to long distance between the school and her house she is feeling tired and wanted to get admission in another school. During examination she has deposed that there are 25 kms. distance to the school. Even if hostel facility was available she has not obtained the same. During examination it is the view of respondents that no amount was received by the school on account of donation and conveyance fee. It is true that no document is produced by PW1 to show that donation and conveyance fees are remitted. But in the counter it is admitted by respondents that the complainant is not entitled to get back donation or other amounts. So it can be assumed that donation was accepted by the respondents at the time of admission even if no receipt was issued.
7. The principal of the school is examined as RW1 and it is her version that if the discontinuance of the study is on genuine reason they will return the entire fees. The prospectus of the school is marked as Ext. P4 and there is no averment with regard to the refund of fees. It is the version of RW1 that it is written in the diary. It is the definite case of respondents that the complainant is not entitled to get back the fees remitted. In the box RW1 has stated that even if no such stipulations in the prospectus it is written in the diaries issued to the students. But no diary is produced before the Forum to prove the same. It is also their case that during the absence of the student they have given intimations to the student and parents. But there is also no evidence to prove the same. According to her, no new admission was taken in the place of PW1. But the admission register is not produced. She repeatedly deposed that if the discontinuance of study is on genuine reason they will return the amount. What are the genuine reasons are not stated in Ext. P4. According to PW1 she had discontinued her study because of the inconvenience caused during the travel and she is become very much tired of the long travel. But it can be seen that she has joined in another school far away from her house and it is her version that she was in her aunt’s house during the study period.
8. According to PW1 she was in respondent school only for two or four days. RW1 admitted that PW1 was studied only for 10 days. As per Ext. P2 the fees was collected for the entire year. Since no evidence adduced by the respondent with regard to non-refund of the fees the complainant is entitled to get back the fees remitted. It is the duty of respondents to establish beyond doubt about the terms and conditions for non-refund of fees remitted. Even if no document is produced to show the payment of donation there is admission on the part of respondents that the complainant is not entitled to get back the donation. So it can be seen that donation was also accepted. It is true that there is no document to show the payment of bus fee. It is also the version of PW1 that she has not taken the facility of school bus. So she is not entitled to get back Rs.1050/- alleged to be given towards bus fee. Even if PW1 studied for 10 days she is entitled to get back Ext. P2 amount and donation. But in the circumstance of the case she is not entitled to get any interest for the amount.
9. In the result the complaint is allowed and the respondents are directed to return Ext. P2 amount and also Rs.10,000/- (Rupees ten thousand only) the donation amount along with compensation of Rs.10,000/- (Rupees ten thousand only) within two months from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 2nd day of February 2013.
