Karnataka

Belgaum

CC/155/2015

Sourab Rajbeersingh - Complainant(s)

Versus

The Chairman Nalanda International Public School - Opp.Party(s)

B B Madagoudra

05 Aug 2015

ORDER

(Order dictated by Shri. B.V.Gudli, President)

: ORDER :

        The minor guardian of the complainant has filed complaint against Opponents U/s. 12 of C.P. Act alleging deficiency in service of non payment of the amount paid towards admission for IVth standard of his son as well as towards school fees totally amount of Rs.11,000/-.

        2) Notices were issued against Opponents, said notices were served on opponents. Inspite of service of notice O.Ps. remained absent. Hence they have placed exparte.

        3) In support of the claim of the complainant, complainant has filed his affidavit by way of evidence and also produced original receipts for having paid admission fees as well as school fees.

4) We have heard the argument and perused the record.

5) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of the opponents and entitled to the reliefs sought?

        6) Our finding on the point is partly in affirmative, for the following reasons.

:: REASONS ::

        7) The complainant has filed his affidavit by way of evidence. On perusal contents of the complaint paras as well as affidavit filed by the complainant by way of evidence. On perusal affidavit of the complainant the O.P.No.1 is head of the institution running the school under the name and style of Nalanda International public school, from 1^st standard to 10^th  standard. O.P.2 is the Principal of the said institution, looking the appears of the school administration. The O.Ps.1 and 2 have given advertisement for admission of children to their institution, stating that their instituition is well equipped, good environment having all the specialities. Hence the complainant got admitted his son to IVth standard and he has paid sum of Rs.6,500/- for admission fee and Rs.4,500/- towards the school fees. After that the complainant approached the Opponent on 1/6/2014 for admission of his son. But O.ps. did not responded and admitted his son and they expressed that, they have closed their school. Hence he unable to take the child to the said school, complainant made repeated request for repayment of amount of Rs.11,000/-. Initially they assured to return the amount within short period. However they did not repay the amount Thereafter, the complainant got issued legal notice through his advocate on 5/2/2015 calling upon the O.Ps. return the amount. However they have not paid the amount nor replied to the said notice. Hence he constrained to file this complaint against the O.Ps.

        8) On perusal document produced by the complainant the O.ps. issued receipt for admission fee of Rs.6,500/- and school fees Rs.4,500/- total amount of Rs.11,000/- on 15/5/2014. When the complainant went to the school the O.Ps. stated that school is closed. The complainant requested to the Opponents to return the amount, the O.ps. failed to pay the amount. Inspite of receipt of the notice the O.Ps. failed to pay the amount nor reply to the said notice. After receipt of the notice opponents failed to appear before the forum. Hence there is deficiency in service on the part of O.Ps.

9) On perusal contents of the affidavit and documents produced by the complainant. The complainant has proved the deficiency of service.

        10) Advocate for complainant has relied decision reported in 2009 (4) KCCR SN 174 Supreme Court in between Budhist Mission Dental College and Hospital V/s. Bhupesh Khurna and others;

    Consumer Protection Act, 1986-Sections 2(1)(g), 2(1)(r) and 23-Educational service-Dental College not recognised but students were admitted-Misleading advertisement in Hindustan Times-Unfair Trade practice.

        Above said decision is applicable to the complainant.

        11) Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.Ps. has been proved.

12)  Hence we proceed to pass the following order;

: ORDER :

        The complaint is partly allowed.

        The O.Ps. No.1 and 2 jointly and severally are hereby directed to pay to the complainant a sum of Rs.11,000/- in respect of admission fee Rs.6,500/- as well as school fees Rs.4,500/- as mentioned in receipt dated 15/5/2014 issued by the Opponents, with future interest at the rate of 6% P.A. from 15/5/2014 till realization of entire amount.

        The O.Ps. No.1 and 2 jointly and severally are hereby directed to pay to the complainant a sum of Rs.2,000/- towards costs of the proceedings.

        Order shall be complied within one month from the date of the order.

        (Order dicted, corrected & then pronounced in the Open Forum on this 5^th day of August 2015)

        Member                   Member                   President

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