D.o.F:27/7/12

D.o.O:17/10/12

 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                             CC.No.239 /2012

                        Dated this, the 17th  day of October 2012

PRESENT

SRI.K.T.SIDHIQ                                 : PRESIDENT

SMT.RAMADEVI.P                       : MEMBER   

SMT.BEENA.K.G                             : MEMBER

Abdul Salam                                                     :  Complainant

S/o Ahammed,  Meeyanath veedu,

Kanakappalli Po, Parappa ,Kasaragod

(in person)

1.Principal

   Kerala Child Wefare Society,

    Thaliparamba,Chorkala Kurumathur Po.            : Opposite parties

2  Principal KCWS, Parappa Branch, Parappa Po.

(exparte)

                                                       ORDER

SRI.K.T.SIDHIQ         : PRESIDENT

  The  gist of the  complaint is as follows:

  Complainant admitted his kids in UKG class of 2^nd opposite party during the academic year 2011-2012 and remitted fee for 7 years in  lump sum ie `14000/- for one child.  After completion of the UKG class, 2<sup>nd</sup> opposite party gave the school uniform clothes and books for  the Ist standard by collecting ` 2200/-.  But before  4 days prior to the beginning of classes  2^nd opposite party informed the complainant that there are no sufficient students to conduct the classes and asked him to admit his kids in  any other school.  2^nd opposite party also informed that the education  fund he paid will be refunded together with the price of  school uniform and books.  But there after neither  the education fund nor the price of the books is repaid though complainant contacted them several times.  Further he could not admit his kids in  any other good school as he was intimated about the  choosing of school only on the last days  of closing  admission.  Therefore the complaint claiming a compensation of `30,000/-

     Notices are sent to both opposite parties.  Notice to Ist opposite party is served but they  remained absent.  Hence Ist opposite party had to be  set exparte.  Notice to 2^nd opposite party returned unserved as  opposite party No.2  closed the school.  Since the substituted service of notice will not serve any purpose, we proceed with the case against Ist opposite party  being the head of institution of 2^nd opposite party.

3.   Complainant examined as PW1 and Ext.A1 marked.

4.   Complainant as PW1 deposed reiterating that  is stated in the complaint.  He added that he  approached Ist opposite party as per the instruction of 2^nd opposite party since 1st opposite party is the head office of 2^nd opposite party.  On enquiry 1st opposite party told that they will refund the amount within a week but later did not turn up to pay the amount.  PW1 further deposed that the school  uniform clothes are still with him.

   From the evidence adduced by PW1 it is clear that the opposite parties committed deficiency in their service.  Hence they are liable under Consumer Protection Act.

   There is absolutely no contra evidence forth coming for the reason for the non repayment of education fund collected from the complainant for 7 years in lumpsum.

   Relief & Costs.

      Complainant remitted `14000/- for one kid as 7 years advance education  fund while his wards were admitted in KG class.  They have undergone one year complete course in UKG class.  So the opposite party is entitled to deduct a portion of the amount towards that head.  We fix `2000/- as one year education fund.

      In the result complaint is allowed and 1st opposite party is directed to refund `12000/- to the complainant together with `2000/- towards the price of school uniform clothes and books.    Time for compliance is limited to 30 days from the date of receipt of copy of this order.  Failing which Ist opposite party shall further liable to pay interest for `14000/- @ 12% from the date of complaint till payment.

Ext.A1-cash bill dt.10/5/11

PW1-Abdul Salam- complainant

MEMBER                                    MEMBER                       PRESIDENT

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