Sri B.NARAYANAPPA,

     President

1.       The complainant Dr. P. Shubha, Mysuru has filed this complaint against the opposite party Royal Concorde International School, Mysuru praying to direct the opposite party to refund Rs.44,865/- with interest at 18% p.a. and to pay compensation of Rs.2,00,000/- and Rs.2,00,000/- to the legal aid account of this Forum.

2. The brief facts are that:-

The complainant submits that the opposite party is a Private Education Institution and offers schooling from 1^st standard to 10^th standard and to attract parents to get their wards admitted to the school offers various co-curricular activities like swimming, skating, horse riding etc., to lure parents to get their wards admitted to opposite party institution.The child of complainant was studying in erstwhile Sri. Sharada Public School, R.T. Nagar, Mysore in 4^th standard and as stated above getting attracted by the co-curricular activities approached the opposite party institution for a seat in Grade-5 (5^th standard) for the academic year 2018-19.It is further contended that it was informed to the complainant that the opposite party school is affiliated from CBSE and such other approval were taken and the complainant need not worry about the affiliation.Therefore the complainant got her daughter admitted to opposite party school by paying a sum of Rs.44,865/- and the opposite party had issued receipts for the same.It is further contended that prior to commencement of academic year 2018-19 the complainant came to know from various newspapers and television that the opposite party institution is not affiliated by the CBSE, New Delhi.The complainant shocked by the said news visited the opposite party school and saw many parents protesting against the opposite party school with respect to the same matter.Thereafter the complainant met the correspondent and took confirmation regarding the non-affiliation of opposite party school from CBSE.Therefore she decided to withdraw her ward from opposite party school and the complainant made series of visits demanding opposite party to refund money and addressed letter dated 10.05.2018 to opposite party.The opposite party neither replied nor complied with the demands of complainant.The daughter of the complainant continuing her education in Sri. Sharada Public School where she was earlier studying.Therefore the complainant approached this Forum with this complaint seeking remedies as sought for.

3.        After registration of this complaint, notice was ordered to be issued to opposite party.  In response to notice the opposite party appeared through its counsel and has filed version denying all the material averments made in the complaint and contended that the complaint of the complainant is not maintainable in view of the law laid down by the Hon’ble Supreme Court, Hon’ble National Commission and High Court, wherein the superior courts have held that once a student appeared the classes and subsequently requested the school authorities to refund the admission fee.  The school authorities not liable to refund the admission amount and denied the allegation of complainant that the assurance given by the opposite party about the affiliation of CBSE and admitted the receiving of Rs.44,865/- by the opposite party from the complainant and contended that as the complainant could not able to continue with the school by giving false reasons and too make wrongful gain has approached this Forum with false allegations and contended that the opposite party institution is having a very good number of students in its all branches and also having good reputation in the field of education it seems that complainant have some personal issue to change the school and with an intention to take back the fees has filed this complaint with false allegations.  Hence, prays to dismiss the complaint.

4.      The complainant in order to prove her case has filed her affidavit evidence by way of examination in chief and the same was taken as P.W.1 and got marked Exhibit P.1 to P.9.  On the other hand opposite party has also filed its affidavit by way of examination in chief and the same was taken as R.W.1, but not got marked any documents.

5.      We have heard the orals arguments of complainant’s counsel and he has also filed written arguments.  The opposite party counsel has also filed written arguments but not addressed oral arguments. 

6.     The points that would arise for our consideration are as under:-  

1. Whether the complainant proves that in view of the non-affiliation of opposite party school from CBSE Board and the opposite aprty by supressing the said fact got admitted her daughter to opposite party school which amounts to deficiency in service on the part of opposite party?
2.  What order?

7.          Our findings on the aforesaid points are as follows:

       Point No.1 :- Partly in the affirmative;

      Point No.2 :- As per final order for the following

:: R E A S O N S ::

8.          Point No.1:- The learned counsel for the complainant has vehemently argued as per the contention taken in the complaint, affidavit of complainant and notes of arguments and as per the documents produced on behalf of complainant.  On the other hand opposite party counsel not addressed his arguments but has filed written arguments by narrating the facts mentioned in the version denying all the materials averments made in the complaint.

9.      It is not in dispute that the opposite party is running a Private Education Institution to educate the children from 1^st standard to 10 standard and it is also not in dispute that the complainant got admitted her daughter to opposite party school to pursue 5^th standard after assurance given by opposite party school stating that it has been affiliated from CBSE Board by paying a sum of Rs.44,865/- to opposite party.  The opposite party also admitted the said fact of giving admission to the daughter of complainant for 5^th standard by receiving a sum of Rs.44,865/-.

10.      It is the specific contention of the complainant that after got her daughter admitted to opposite party school for 5^th standard she came to know that opposite party school is not affiliated from CBSE Board, New Delhi through newspaper, Television media and enquired with the opposite party authorities about the affiliation of opposite party school from CBSE Board, but the opposite party school authorities have not furnished any details/particulars about the affiliation of the school from the CBSE Board, New Delhi and it is further clear allegations of the complainant that in spite of request to opposite party to give particulars about the affiliation of opposite party school from CBSE Board, the opposite party school authorities declined to furnish such particulars.  Therefore she got confirmed that the opposite party school’s not affiliated from CBSE Board New Delhi.

11.      The complainant contends that in view of non-affiliation of opposite party school from CBSE Board, New Delhi the opposite party school has no authority to admit the children to their school to pursue education from 1^st standard to 10^th standard.  Since the opposite party school is unauthorized school because of non-affiliation from the CBSE Board, New Delhi.  Therefore the complainant decided to withdraw her daughter from the opposite party school and to continued her daughter in the previous Sri. Sharada Public School where she was studying and asked the opposite party school authority to refund admission  fee of Rs.44,865/- paid to opposite party school, but the opposite party school authority flatly refused to refund the same stating that once the daughter of complainant is admitted to opposite party school the admission fee cannot be refunded.

12.      The learned counsel for the complainant submits that immediately the daughter of complainant got admitted to opposite party school  for pursuing 5^th standard the complainant  got confirmed that opposite party school has not been affiliated from the CBSE Board, New Delhi.  Therefore she decided to withdraw her daughter from opposite party school and the daughter of the complainant not even attended to her 5^th standard in the opposite party school for a single day and produced 4 receipts issued by opposite party school.  One for Rs.1,000/- towards application fee, other 3 receipts for Rs.10,000/-, Rs.6,400/- and Rs.16,250/- respectively and also produced two cash bill issued by Tharun Footwear for Rs.825/- and Topkit garments for Rs.4,930/-.  The cash bill issued by Tharun Footwear and Topkit garments for purchase of footwear and school uniform etc., are not related to opposite party school.  Except one bill for Rs.1,000/- towards application fee other three bills issued by opposite party amounts to Rs.32,650/-.

13.      Though the opposite party has contended that once student admitted to opposite party school the admission fee cannot be refunded, as per the law laid down by Hon’ble Supreme Court, Hon’ble National Commission and Hon’ble High Court but no authorities of Hon’ble Supreme Court, Hon’ble National Commission and Hon’ble High Court have been produced by the opposite party in this regard.

14.      On the other hand opposite party counsel has relied upon orders passed by Hon’ble NCDRC, New Delhi reported in (2019) CJ 98 (NC) of Consumer Judgements wherein it is held that Education-Admission-Higher National Diploma Course in Nautical Science-Suppression of material information by petitioner resulting in deprivation of Continuous Discharge Certificate (CDC) from Government-District Forum directed petitioner to refund amount of Rs.8,50,000/- along with compensation of Rs.50,000/- and cost of Rs.20,000/- Complainant was not entitled to get Indian CDC from Directorate General of Shipping since no approval from Directorate had been taken in respect of batch in which admission was taken by complainant-petitioner was deficient in rendering services by not obtaining prior approval of Directorate General of Shipping or at least by not disclosing MS Notice in prospectus-complaint not barred by limitation-Revision petition dismissed.

15.      As per the afore cited order of NCDRC, New Delhi it is clear that since no approval from Directorate had been taken in respect of batch in which admission was taken by complainant-petitioner was deficient in rendering service by no obtaining prior approval of Director General of Shipping.  Therefore the complainant was entitled for refund of amount.

16.      In the present case on hand also the opposite party school not affiliated from CBSE Board, New Delhi.  Therefore the complainant is entitle for refund of admission fee from the opposite party.

17.      Considering the contention of the complainant that opposite party by supressing the fact of non-violation of opposite party school from CBSE Board, New Delhi got admitted her daughter into 5^th standard which act of the opposite party is nothing but deficiency in service and in view of the daughter of complainant though she admitted  to the school of opposite party not even attended the opposite party school  for a single day in view of non-violation of opposite party school from CBSE Board, New Delhi, therefore the opposite party school is liable to refund the admission fee to complainant.

18.      The cash bills produced by the  complainant to purchase  the footwear, uniform from some other shops which are not related to opposite party.  Therefore the complainant is only entitle for refund of  actual admission fee of Rs.32,650/- paid to opposite party.  Therefore the opposite party is liable to refund admission fee of Rs.32,650/- to complainant.    Hence, we answer point No.1  partly in the affirmative.

19. Point No.2:- For the aforesaid reasons, we proceed to pass the following

:: ORDER ::

1. The complaint filed by complainant is allowed in part.
2. The opposite party is hereby directed to refund admission fee of Rs.32,650/-  with interest at 6% p.a.to complainant within 3 months from the date of this order, till its realization.
3. No order as to cost.
4. Furnish the copy of order to the complainant at free of cost.

(Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Forum on this the 16^th July, 2020)