Chandigarh

DF-I

CC/747/2015

Poonam Awadh - Complainant(s)

Versus

The British School - Opp.Party(s)

Aashish Chopra

28 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

======

Consumer Complaint  No	:	747 of 2015
Date  of  Institution	:	06.11.2017
Date   of   Decision	:	28.12.2017

 

 

 

 

Poonam Awadh d/o Ram Awadh, R/o H.No.1207, Sector 68, Mohali.  

                          …….Complainant

 

Versus

 

The British School, Sector 44-B, Chandigarh 160044 through its Managing Director Mr.Ranjan Sethi.

             ….. Opposite Party

 

BEFORE:  SH.SURESH KUMAR SARDANA  PRESIDING MEMBER

         SH.RAVINDER SINGH         MEMBER 

 

For complainant      : Sh.Harsh Chopra, Advocate

For OPs              : Sh.Mandeep Dhot, Advocate

 

 

PER RAVINDER SINGH, MEMBER

 

 

          The facts in issue are that the complainant on 8.7.2014 took admission in OP School in Class-XI (10+1) – Commerce Stream for the Session 2014-15 and paid an amount of Rs.50,000/- as advance fee for the whole year (Ann.C-2).  It is averred that the complainant started attending classes at OP School, but after a week, the OP started pressurizing the complainant to take coaching at a private institute of their choice i.e. Helix Institute, Sector 34, Chandigarh and harassed her as such, whereas the complainant was not at all interested in coaching and she was interested only in self study.  It is submitted that the complainant brought this matter to the notice of her father, who was also shocked to know such malpractice adopted by Opposite Party.  Then the father of the complainant took the matter with Opposite Party School Administrator, but the Opposite Party did not help and never tried to resolve the issue.  It is also submitted that due to constrained and compelling circumstances created by Opposite Party, the complainant pull herself out of Opposite Party School on 10.7.2015, which caused mental and physical harassment to the complainant.  It is stated that the complainant also requested the Opposite Party for refund of fee charged by it in advance for full year, but the Opposite Party did not pay any heed nor refunded the amount.  Ultimately, a legal notice was also sent to the Opposite Party but to no avail.  Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of Opposite Party.

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case, stated that the story put forth by the complainant is an afterthought. It is stated that complainant paid advance fee of Rs.50,000/- but did not pay the balance fee of Rs.8400/-.  It is also stated that the complainant concealed the fact that the fees was non-refundable as per receipt (Ann.C-2).  It is further stated that the Opposite Party has nothing to do with any private institute (Helix Institute) and it is well equipped with well trained professional, experts, faculty and facilities to provide better education and that the allegation of the complainant is baseless.    It is denied that the complainant started attending classes at Opposite Party School, rather number of calls were made to the complainant to attend the classes but she failed to attend any class for the reasons best known to the complainant.  It is denied that the Opposite Party ever demanded upon the complainant to join the coaching classes against her will.  It is submitted that no request for refund of the money paid in relation to admission was made by the complainant or her father. It is also submitted that the representation dated 10.7.2014 (Ann.C-3) is false and fabricated document produced by the complainant to get undue favour. Denying rest of the allegations and pleading no deficiency in service, the Opposite Party has prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the OP and have carefully examined the facts and pleadings along with entire evidence on record.

 

5]       The complainant took admission in British School/Opposite Party in Class 10+1 for the Sessions 2014-15 keeping into consideration the reputation of the School, but later, on joining the OP School when she was pressurized unduly to also took tuitions from the outside tutors of their choice, who may be in collaboration with the School authorities, against her will, she left the School and took admission somewhere else. It is unfortunate that instead of relying upon teaching methodology by the Teaching Staff of Opposite Party, School itself, they indulged in such unfair means to earn & share money in connivance with outside private tutorials by sending their pupils to them.  The OP has took advance money of Rs.50,000/- for the whole of the year, but without providing any professional service to the complainant and claimed the amount as non-refundable, though admittedly the complainant did not attend the classes of OP School even for few days. This unethical practice on the part of the OP cannot be permissible under the law of the land.  The innocent children, who aspires for better education, cannot be left to the mercy of such unscrupulous institution(s) by permitting them to usurp tuition fee taken in advance. 

          

6]       Keeping into consideration, the above facts & circumstances of the case, the Opposite Party is found to have indulged into unfair practice.  Therefore, the complaint is allowed against Opposite Party with directions to refund an amount of Rs.50,000/- to the complainant alongwith interest @12% p.a. from the date of deposit i.e. 8.7.2014 till realization, with compensatory cost of Rs.10,000/- and litigation cost of Rs.5000/-, within a period of 30 days from the date of receipt of certified copy of this order.

        Certified copy of this order be forwarded to the parties, free of charge. After compliance, file be consigned to record room.

Announced

28^th December, 2017                                                                       

                                                                  

Sd/-

 (SURESH KUMAR SARDANA)

PRESIDING MEMBER

 

 

Sd/-

(RAVINDER SINGH)

MEMBER