Chandigarh

DF-I

CC/653/2021

Dr. Kamaljeet Singh - Complainant(s)

Versus

The British School - Opp.Party(s)

Sandeep Singh Ghangas

23 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/653/2021
Date of Institution	:	17/09/2021
Date of Decision	:	23/08/2022

 

Dr. Kamaljeet Singh, R/o House No.33-A, 1^st Floor, Army Quarters, Sector No.44A, Chandigarh.

… Complainant

V E R S U S

1. The British School, Sector 44-B, Chandigarh, through its Principal.
2. The Principal, The British School, Sector-44B, Chandigarh.

… Opposite Parties

CORAM :	SURJEET KAUR	PRESIDING MEMBER
	B.M.SHARMA	MEMBER

 

                                                

ARGUED BY	:	Sh.R.K.Choudhary, Counsel for Complainant.
	:	OPs ex-parte.

 

Per Surjeet kaur, Presiding Member

1.      Averments are that the complainant fascinated by the advertisements of the respondent school, of bright future of the students, got admitted of his son in IX^th standard in the respondent school and paid an amount of Rs.60,900/- on 15.03.2021, which included admission fee and monthly fee for the month of April & May 2021 (Annexure C-1). As per complaint, the classes for the session 2021-22 were started virtually on 07.04.2021 and complainant’s son also joined online classes. The complainant and his son were shocked to notice that the daily 8-9 students were present in the class whereas the total strength of the class was projected to be 30 students and to add on to the plight of the complainant’s son teachers never interacted with students and if there was, any interaction then it was only in Hindi or Punjabi. The complainant’s son stopped attending classes after 13.04.2021 and on 14.04.2021, the complainant informed the school authorities that his son will not continue with the respondent school and applied for the school leaving certificate and also requested for refund of the fees paid by the complainant on 15.03.2021.

         As per complainant, the issuance of the school leaving certificate was delayed by the school authorities on one pretext or the other. On 22.04.2021, the OPs informed the complainant that the application for issuance of school leaving certificate has been lost. The complainant agitated the matter with the authorities and only then the school leaving certificate was issued on 23.04.2021 (Annexure C-2), but still fees was not refunded. The complainant sent a legal notice on 29.06.2021 to the OPs (Annexure C-3 & C-4). Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant complaint.    

2.     Notice of the complaint was sent to OPs seeking their version of the case. OPs appeared through their counsel, but failed to file vakalatnama, reply & evidence despite several opportunities. Therefore, they were proceeded ex-parte on 25.05.2022.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:-
5.     As per the case of the complainant he paid an amount of Rs.60,900/- to the OPs to get his son admitted in the 9^th standard at OPs school. But due to the insatisfaction of the child the complainant stopped sending him after one week and sought the refund of the amount paid but till today the fee has not been refunded by the OPs to the complainant.
6.     Significantly, OPs did not file reply to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.     Evidently, as per Annexure C-1, the complainant has paid an amount of Rs.60,900/- to the OPs. But the complainant’s left a school on 14.04.2021 and the School Leaving Certificate hence, was issued on 23.04.2021. It is evident from Annexure C-3 that even the legal notice was served to the OPs by the complainant.
8.     We are of the considered opinion, that the act of the OPs for non-replying to the legal notice, non-refunding the amount paid by the complainant, and most importantly non-appearing during the proceedings of the present case proves deficiency in service and their indulgence in unfair trade practice.

         So far as the prayer of total fee refund is concerned the order upto that extent cannot be passed as complainant’s son attended one week session online given by the OPs.  

9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund amount of ₹60,900-2,000/-=58,000/- to the complainant alongwith interest @ 9% per annum from the date of deposit i.e. 15.03.2021 till realization.
2. to pay an amount of ₹2,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹3,000/- to the complainant as costs of litigation.

10.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
23/08/2022	[Surjeet Kaur]	[B.M.Sharma]
Ls	Presiding Member	Member