Complainant Ravi Sharma through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the necessary directions may kindly be issued to the opposite parties for illegally withholding the School Transfer Certificate on the ground of non-payment of alleged balance amount of fee and quashing the receipt No.6544, 6545 dated 18.05.2018, illegally issued by the opposite party which is against the provisions of Consumer Act and amounts to unfair Trade and educational practices being imposed by the opposite parties against him. Opposite parties be further directed to pay Rs.1,00,000/- for harassment and mental agony alongwith litigation expenses of Rs.20,000/-, in the interest of justice.

2.               The case of the complainant in brief is that his two children namely Shaksham Sharma and Kavy Sharma, both are minors having aged about 9 years and 4 years respectively. Both his sons had studied in opposite party school in Second and Nursery class, respectively. He in the month of February, 2018 decided to change the school of their both sons for further studies as the facilities and allowances promised at the time of admission of his children were not fulfilled. At the time of admission, he was told that the opposite parties school will provide Dance Classes, Sports Classes, Yoga Classes, Karate Classes and other facilities to the children. He was also induced by giving discounts on annual admission fee and by giving faith on the promises made at the time of admission, he sent his children to the opposite parties school but all the abovesaid facilities to the children were not provided and standard of the education of his children become below par, thereby he decided to change the school. of his children. The final exams of Sessions 2017-2018 were over in the month of February, 2018. After that he has not sent his children to the opposite parties for further study and also not used any services provided by the school. For the purpose of admission in any school, Transfer certificate is necessary requirement, so he paid all the allowances including Annual admission fee and monthly fees of his children at proper time without any delay. No monthly fee or any other allowances are unpaid or due. Thereafter, he approached the opposite parties to issue the School Transfer Certificate, but the opposite party refused to issue School Transfer Certificate to him. He inquired that on 16.5.2018 some previous balance i.e. fees of March remains unpaid. Thereafter on 18.5.2018, he paid all the fee of March, 2018 but the opposite parties on the same day i.e. 18.05.2018, issued receipt and demanded Rs.26,320/- i.e. Rs.11,300/- of Saksham Sharma and Rs.15,020/- of his younger son Kavy and they refused to issue School Transfer Certificate on the ground of non payment of alleged balance amount of fee. He has next pleaded that after fee days, he again visited the school of opposite parties, they started bargaining with him and told him to settle the matter by paying Rs.9890/- but they did not disclose that why they are claiming this amount from him. The opposite parties till date are silent on this question asked by him. After that he made requests to the opposite party no.1 but they refused to issue the School Transfer Certificate and fraudulently asked him to pay balance amount to the school. Hence this complaint.

3.               Notice of the complaint was served upon the opposite parties who appeared through their counsels and filed their written statement by taking the preliminary objections that the complainant has no come to this Hon'ble Forum with clean hands; the complainant concealed the material facts in the present complaint from this Hon'ble Forum and the complaint is bad for mis joinder and non joinder. On merits, it was submitted that all the facilities such as Dance Classes, Sports classes, Yoga classes, Karate classes and other facilities are available in school free of cost as no extra charges are taken on aboovesaid facilities. It was next submitted that the final exams of session 2017-18 were over in March 2018 and not in Feb-2018 as alleged by complainant. However, it was not disputed that complainant has not sent the children to the opposite party school for further study and also not used any services provided by the opposite party. For the purpose of admission in any school transfer certificate was necessary requirement. Complainant paid Rs.1510/- which was due for the month of March 2018 of his son Saksham sharma vide receipt dated 18.5.2018 and he also paid Rs.1380/- for his son Kavy vide receipt dated 18.5.2018. Balance of Rs.11,300/- in receipt dated 18.5.2018 of Shaksham Sharma and balance of Rs.15,020/- in receipt dated 18.5.2018 of Kavy were shown due to software of computer which was never claimed by opposite parties and both the abovesaid amounts were waived out. It was further submitted that regarding receipt dated 18.5.2018 of Rs.26,320/- i.e. Rs.11,300/- of Saksham Sharma and Rs.15,020/- of Kavy the younger son of the complainant and refusal to issue school transfer certificate on the ground of non-payment of alleged balance amount of fee, it was submitted that whenever new session of school starts the computer software automatically picked the date of students and accordingly shows new fee structure for next year and same thing happened in the case of complainant as he never applied for school transfer certificate for his children before 31.3.2018, as such abovesaid receipts ware issued, but as a matter of fact no such amount was ever demanded by opposite party from complainant and they never refused to issue school transfer certificate. The complainant was just asked to apply in written for getting the school transfer certificate by school authorities, but he refused to do so and till date no application for getting transfer certificate has been moved by the complainant. There is no deficiency ins service on the part of the opposite parties. All other averments made in the complaint have been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.           We have carefully examined and thoroughly considered the evidence along with its supporting documents as available on records of the proceedings in the backdrop of the arguments as put forth by the learned counsels for the participating litigants along with the scope of ‘adverse inference’ that may be discretionarily drawn on account of the non-production of some assistive documents vital for the present adjudication in spite of the ample opportunity available for the purpose. We observe that the complainant side has been unable to produce (on records) any cogent evidence or even otherwise an acceptable documentary evidence (even own deposition) of legal value so as to prove his complaint contented allegations as put forth in the present complaint. Somehow, he has based his allegations on layman’s interpretation(s) of the evidentiary documents (Ex.C1 to  Ex.C31) that are deviated/ imbalanced to support the complainant’s own version; even otherwise he has failed to prove any statutory ‘deficiency in service’ on the OP School’s part.

5.        We further find and are of the considered opinion that the majority of the charges as alleged in the present complaint do not fall within the jurisdictional purview of herein applicable statute and for others the complainant has been in receipt of the remedial prime measures by way of issuance and delivery of the requisite Transfer Certificates by the herein titled opposite parties during the very pendency of the present complaint. The OP School has in turn produced an acceptable defense by way of a duly sworn out affidavit accompanying its written statement and copies (Ex.OP1 to Ex.OP3) Transfer Certificates etc and we observe from records and otherwise that the OP’s conduct has been throughout in order and fair during both the pre and post adjudicatory period.      6.        Moreover, it has always been the complainant’s own discretion to have ‘changed schools’ for his wards as per his choice and he has exercised it well but has failed to prove the alleged ‘deficiency in service’ on the part of the school. Moreover, it has not been in anyway proved on records the charge of unfair trade practice & unscrupulous exploitation as put forth against the opposite parties, here. Lastly, we find deposition(s) & document(s) as submitted by the opposite party school to be quite true, genuine & bonafide and thus accept these as admissible on records. We are also in respectful concurrence with the plethora of senior courts’ judgments that ‘education’ shall not be treated at par with other commodity ‘goods and service’ the same being purely an ‘objective’ intangible merit. No doubt, its collateral subjective may be put on trial for adjudication and that stands duly put on trial here and judiciously adjudicated. Moreover, we are not inclined for a deep dug-in into the trivial egoistic issues pertaining to the present complaint.                                   

7.        Finally, in the light of the all above, we do not see any actionable statutory merit in the present complaint and thus ORDER for its dismissal, with however no orders as to its costs. 

8.        Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.

        (Naveen Puri)

             President.

ANNOUNCED:                                                (Jagdeep Kaur)

August 03, 2018                                                        Member.

*MK*