Orissa

Cuttak

CC/198/2021

Rajendra Prasad Mishra - Complainant(s)

Versus

Principal,Guru Nanak Public School - Opp.Party(s)

A K Samal

29 Nov 2022

ORDER

 

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.198/2021

 

Rajendra Prasad Mishra,

S/O:Late Asit Kumar Mishra,

At present residing in the C/O:Sadashiv Routray,

At:Aurobinda Nagar,PO:Madhupatna,

Town/Dist:Cuttack,Pin-752010(Odisha).                        ... Complainant.

 

                                                                Vrs.

1. Principal,Guru Nanak Public School,

At:Kaliaboda,Sikharpur,

PO:College Square,Town/Dist:Cuttack,Pin-753003(Odisha).

                               

2.     Guru Nanak Public School,

At:Kaliaboda,Sikharpur,

PO:College Square,Town/Dist:Cuttack,

Pin-753003(Odisha).Represented by

its Secretary,Governing Body/Managing Committee.                        … Opp. Parties.

   

Present:               Sri Debasish Nayak,President.

                                                Sri Sibananda Mohanty,Member.

 

                Date of filing:     23.11.2021

                 Date of Order:    29.11.2022

 

For the complainants:          Mr. A.K.Samal,Advocate.

For the O.Ps  :       None.

 

Sri Sibananda Mohanty,Member.                                                           

               Case of the complainant in short is that he was interested for admitting his daughter namely Mousumi Mishra, aged about 7 years in Class-2 of Guru Nanak Public School,Cuttack, the Institution of O.Ps.  The complainant before admitting her daughter in the school enquired from the O.P no.1about whether Hindi and Oriya subjects are compulsory for Class-2 students or those subjects are optional.  The O.P no.1 replied that both the subjects are not compulsory and one can choose either Hindi or Oriya subject as per his/her choice.  However, it is also appraised by the O.P no.1 that from Class-IV onwards both the subjects are compulsory as in Board Examination there would be no difficulties for students to choose any one of the subjects out of those two subjects.  The complainant ascertained about the subject as his daughter had no idea about the Hindi alphabets.  The complainant’s further case is that on 12.4.21 he admitted his daughter in the Guru Nanak Public School,Cuttackon payment of Rs.16,521/-.  On 13.4.2021, the complainant went to the O.Ps school to collect the books and copies and paid Rs.2550/- for that purpose.  But at the time of collecting the books he was surprised to find that the books which weresupplied to him had contained bothHindi and Oriya subjects.  The complainant was astonished and enquired in the counter,about the compulsory subjects, [then only he came to know that both Oriya and Hindi are compulsory subject in that school.  The complainant on the same day tried to meet the O.P no.1 but he could not meet O.P no.1 as she was busy in other official works.  So the complainant had approached O.P no.1 on 16.4.21 for cancellation of his daughter’s admission and refund of the fees but the O.P no.1 refused to refund the fees.  The complainant in this regard had met O.P no.1 several times which yielded no result.  In the meantime, due to Covid-19 pandemic situation online classes started in the said school but the daughter of the complainant could not join in the said class as the complainant had applied for cancellation of admission.  In the meantime, the complainant also had returned the books and copies obtained from the O.P school on 20.4.21.  As the O.Ps did not take any action for refund of admission fees of her daughter as well as  fees taken towards the books and copies, the complainant sent a legal notice to the O.Ps  on 25.6.21.  After receiving the said legal notice, the O.Pson 29.6.21  returned Rs.2550/-, which they had collected towards the books and copies of the complainant’s daughter but did not refund the admission fees of Rs.16,521/-.  As the O.Ps did not refund the admission fees, the complainant has filed the present case with prayer for a direction to the O.P for refund of Rs.16,521/- to him alongwith interest thereon @ 12% per annum as well as a sum of Rs.10,000/- towards compensation for mental agony and to pay a sum of Rs.5000/- towards litigation expenses.

               The complainant has filed some documents in order to prove his case.

2.            Having not contested this case, both the O.Ps have been set exparte.

3.         The points for determination in this case are as follows:

            i.          Whether the case of the complainant is maintainable ?

ii.         Whether there was any deficiency in service on the part of the O.Ps  and if they had practised any unfair trade?

iii.        Whether the complainant is entitled to the reliefs as claimed?

Point no.ii.

Out of the three points, point no.ii being the most pertinent one is taken up first for consideration here in this case.

               It is admitted fact that the complainant had paid Rs.300/- towards the admission form and Rs.16,221/- towards the admission fees of his daughter and had admitted his daughter in Class-2 under the O.Ps school on 12.4.21.  He also had paid Rs.2550/- towards the fees for the book and copies.  The complainant before admitting his daughter in the school enquired from the O.P no.1 whether both subjects i.e. Oriya and Hindi are compulsory for Class-2 students or not ?  At that time the O.P no.1 had replied that both the subjects are not compulsory and students or their parents can choose any one of the subjects as per his/her choice.  The complainant’s daughter had not learnt Hindi language.  On 13.4.21,the complainant deposited Rs.2550/- in the school towards the books and notes of his daughter.The complainant was deliveredbooks containing both the Hindi and Oriya subjects.  At that time, the complainant only came to know that both the Hindi and Oriya are the compulsory subjects in that school.  Hence, he objected before the O.P no.1 about such fact as his daughter cannot read or write Hindi as well as he was not interested for teaching his daughter in Hindi subject in Class-2.  Hence, the complainant applied for cancellation of admission of his daughter and demanded refund of the admission fees as well as fees paid towards the books and notes but the O.P no.1 denied to return any amount.  It is ascertained from the complaint petition that due to Covid-19 pandemic situation, the O.Ps had conducted online classes but the daughter of complainant was deprived of for attending the class.  As the O.Ps did not refund the admission fees as well as fees taken towards the books and notes, the complainant had sent legal notice to the O.Ps.   After receiving the legal notice the O.Ps refunded  Rs.2550/-, which was taken by them towards the books and notes but did not refund the admission fees of Rs.16,221/- to the complainant.   The O.P no.1 misled the complainant about the compulsory subjects for Class-2 students which led the complainant to admit his daughter in his school.  The complainant’s plea remains uncontroverted.  In view of the above, it is held that the O.Ps have committed deficiency of service and unfair trade practiceas the O.Ps did not refund the admission fees of Rs.16,221/-.

Issues no.i& iii.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the reliefs as claimed by him.   The complainant is entitled to get Rs.16,221/-, the admission fees but he is not entitled to get Rs.300/-, the fees for admission form. Hence, it is so ordered;

                                    ORDER

The case is decreed on contest against the O.Ps.  Both the O.Ps who are found to be  jointly and severally liable here in this case are directed to refund the  admission fees of Rs.16,221/- alongwith interest thereon @ 12% per annum from the 12.4.2021 till the final payment is made to the complainant.  They are further directed to pay a sum of Rs.10,000/- as compensation towards the mental agony and harassment as well as cost of the litigation to the tune of Rs.5000/ to the complainant.   This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 29^th day of November,2022 under the seal and signature of this Commission.

                                                                                                                                                              Sri Sibananda Mohanty

                                                                                                           Member

 

                                                                                                      Sri Debasish Nayak

                                                                                                           President