DATE OF FILING : 12.8.2009

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of April, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.135/2009

Between

Complainant : Joy, S/o Mathew,

Kariprayil House,

Kathippara P.O.,

Idukki District.

(By Adv: Adash K. George)

And

Opposite Party : Rev: Fr. M.M. Abraham Maniyattukudi,

The Director,

St. Thomas Public School,

Adimali,

Idukki District.

(By Adv: Naiju Raveendranath)

O R D E R

SRI. LAIJU RAMAKRISHANAN (PRESIDENT)
 

The complainant's son Ciril Joy is a student of the school in which the opposite party is the Director. At the time of availing admission in the school in UKG in the year 2002, the opposite party assured that the CBSE affiliation for the school will be getting soon and the student can study up to 12^th standard in the same school. The opposite party received Rs.2,500/- as donation at the time of availing admission of the student. The opposite party made elaborate advertisement for the inauguration of the school when they started the same. The opposite party assured that the school will get affiliation of CBSE within one year, but it is not yet received. When the student passed from the 5^th standard to 6^th standard, the complainant approached the opposite party school for getting Transfer Certificate to get admission in Navodaya Vidyalaya. But the opposite party told that they cannot issue Transfer Certificate because the school is not having affiliation from CBSE. The student has lost the opportunity to appear in arts and sports competition because of the non availability of affiliation. The complainant was paying the school fee promptly to the opposite party. In 2009, when the student passed from the 6^th standard, the opposite party informed the complainant that they are not intended to continue the admission in the 7^th standard. So the student must be transferred to any other school. The Transfer Certificate was not received because the affiliation was not obtained to the school. The opposite party never tried to get the same. When the complainant approached Viswadeepthi school for admission for the student, they told that they can register the name of the student in the said school as he was studying up to 7^th standard at his home. The complainant spent Rs.10,000/- for further expenses for the admission of the student. Hence the petition is filed for the deficiency in service of the opposite party and also for compensation for the loss caused to the complainant and his son because of the act of the opposite party.

2. As per the written version of the opposite party, the opposite party never offered the student that the affiliation of the school will be getting within one year and never offered the future studies upto plus two class. The opposite party never received any donation from the complainant at the time of admission. The complainant never complained anything about the fees and studies of the student at any time. When the student passed from 6^th standard, the complainant himself transferred the student from the opposite party school to another school. The complainant got admission to his son after knowing that the school is not having CBSE affiliation. He also continued the studies of the student at the school fully aware that the school is not having affiliation of the CBSE. The complainant or student never tried to get admission in Navodaya Vidyalaya and never applied for Transfer Certificate for the same in the opposite party school. The opposite party never decided to discontinue the education from the 7^th standard onwards but the parents of the students unanimously transferred the students from the school after 6^th class. So the opposite party is not able to continue the student in the 7^th class onwards. No loss is caused to the complainant or his son because of this. The opposite party has made all arrangements to get the affiliation of the CBSE and the affiliation is needed only for continue studies in 10^th standard onward. So the petition is to be dismissed.
 

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PW1 and Ext. P1 marked on the side of the complainant and oral testimony of DW1 and Ext.R1 marked on the side of the opposite parties.
 

5 . The POINT :- The complaint is filed for getting compensation from the opposite party for the loss sustained to him and his son because of the non-availability of CBSE affiliation in the school. The complainant was examined as PW1. The son of PW1 has obtained admission in UKG in the year 2002 and donation of Rs.2,500/- was paid at that time. After when he passed to 6^th standard, PW1 applied for Transfer Certificate for his son to get admission in Navodaya Vidyalaya, but it was denied by the opposite party because of non-affiliation of CBSE to the school. The complainant was paying the fee promptly to the opposite party for his son. When the student has passed from the 6^th standard, after few weeks, the opposite party asked to transfer the student from the school to any other school because they never intended to continue the education in the school from 7^th standard onwards. The Transfer Certificate was not obtained because of the non-availability of affiliation. The authorities of Viswadeepthi school told that the name of the student can be register as if he was studying at home. So the future of the student is affected by the act of the opposite party. On cross examination of the learned counsel of the opposite party, PW1 deposed that there is no complaint for PW1 about the education of the student in the school in accordance with the CBSE syllabus. The opposite party told that there was no affiliation to this school at the time of taking admission. When the student passed to 5^th standard, PW1 enquired about the affiliation of the school and the opposite party told that, it will be getting soon. The application for the admission in Navodaya school was given by his wife, who is a teacher in Sree Narayana Guru Deva Vidyapeedam, Anachal. But the application for Transfer Certificate was not given to the school by the complainant. The matter was never discussed in the PTA committee. Ext.P1 is the fee receipt for the fee paid by the complainant. The opposite party was examined as DW1. DW1 deposed that the son of the complainant was studying in the school from UKG to 6^th standard. No donation was received from the complainant. But the complainant requested for Transfer Certificate from the school. DW1 never instructed the complainant to transfer the child from the school. The affiliation is not yet received now. There is no need of CBSE affiliation for school up to 9^th standard. Now the admission for the 7^th class is started, DW1 started the steps to construct building in his own property and also trying for getting affiliation.

It is admitted by the opposite party that the school is not having affiliation from CBSE. At the time of admission, this matter was told to the complainant and it is also admitted by the complainant. No offer was given by the opposite party at the time of admission about the CBSE affiliation. As per the cross examination of the learned counsel for the opposite party, PW1 deposed that he never applied for Transfer Certificate for the student and the student has participated in various extra curricular activities such as sports, games and received prizes also. After passed from the 5^th standard, when the complainant enquired, there was no affiliation in this school and the opposite party was trying for getting affiliation for the school. The complainant's wife who is a teacher in Sree Narayana Guru Deva Vidyapeedam, Anachal, has given the application for admission in Navodaya school. The complainant was also aware that the school is not having affiliation of CBSE even after when the student passed to 5^th standard. But he never tried to transfer the student from the school and continued the studies in the school without any complaint. He never applied for getting Transfer Certificate for the student. So it means that the complainant is fully aware that the school was not having affiliation with CBSE. Eventhough he continued the studies of the student there. He also admitted that the student participated in extracurricular activities and got prizes. There is no evidence produced by the complainant to show that he spent Rs.10,000/- for getting admission for the child in the other school. The opposite party is trying for getting affiliation to the school and continuing the admission in 7^th standard, in this year. So we think that if the opposite party continuous admission in the 7^th standard in the school in this year, it is not believable that they have instructed the complainant to transfer the student from the school. So the complainant himself may have decided to transfer the student from the school. So there is no deficiency seen from the part of the opposite party.

Hence the petition dismissed. No cost is ordered against the complainant.
 

Pronounced in the Open Forum on this the 26^th day of April, 2010.

Sd/-

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

Sd/-

SMT. SHEELA JACOB (MEMBER)

Sd/-

SMT. BINDU SOMAN (MEMBER)

APPENDIX

Depositions :

On the side of the complainant :

PW1 - Joy Mathew

On the side of the Opposite party :

DW1 - Fr. M.M. Abraham.

Exhibits :

On the side of the Complainant :

Ext.P1(series) - Bus Passes (6 numbers), Cash receipts (9 numbers) of St.Thomas Public School, Adimali, issued in the name of complainant's son and a letter from the school

                            to the complainant.

On the side of the Opposite party :

Ext.R1 - Lawyer's notice issued by the complainant to the opposite party dated 30.5.2009.