Orissa

Jharsuguda

CC/19/2015

Radhakrishna Mohanty S/O-Gajendra Mohanty - Complainant(s)

Versus

The Chairman,st.Xavier International School. - Opp.Party(s)

P.R.Singh Deo

10 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 19 OF 2015

 

Radhakrishna Mohanty,(46 yrs)

S/O. Gajendra Mohanty,

R/O: Gumadera, PO/PS- Belpahar,

Dist: Jharsuguda,Odisha…………………………………….…………………Complainant.  

                                           

Versus

 

1. The  Chairman,

St. Xavier International School,

(A Unit of SXECT Group), H.O: 12,

Janpath, Satyanagar, Bhubaneswar-7.

 

2. Sandhyarani Mishra,

Administrative Officer,

St. Xavier International School,

(A Unit of SXECT Group), H.O: 12,

Janpath, Satyanagar, Bhubaneswar-7……………..….............….…...Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                       Shri P.R. Singh Deo, Advocate.

For the Opp. Party No.1&2                             None (Ex-parte).

 

Date of Order: 10.07.2015

 

Present

                                                                                         1. Shri S.L.Behera, President

                                                                                         2. Shri S.K. Ojha, Sr. Member

                                            

Shri S. L Behera, President : - The brief facts of the complainant’s case is that, the complainant  is the natural father and guardian of his son Hardik Spandan Mohanty who has taken admission in Class – XI in the School of O.Ps for a period of 2 years for Class XI and XII  by paying Rs. 2 lakh in total for onetime payment. The O.Ps assured to provide playground, standard food, and standard library, availability of standard study materials, music classes, and smart classes and to provide coaching classes in evening. The complainant by being fully convinced with the O.Ps he paid the said sum of Rs. 2 lakhs towards admission, hostel, tuition, playground, standard food etc. as assured by the O.Ps. After getting admission into the school the complainant visited the school of O.Ps and noticed that there were no such facilities in the school as assured by O.Ps such as playground , extra coaching classes , music classes , standard library and food. By personally visiting the complainant and by enquiring from his said son the complainant objected before the O.Ps to improve the standard of food , library , and other facilities. The complainant being aggrieved with the O.Ps he withdrawn his son from the school for next session and demanded Rs. 80,000/- from the O.Ps for the session for which he has withdrawn. The complainant has paid Rs. 75,000/- in cash and Rs. 1,25,000/- in cheque. After being repeated requests by the complainant the O.Ps did not turned up, hence this case.

           After being noticed none of the O.Ps appeared or filed their written version and after being providing sufficient opportunities the O.Ps stand ex-parte.

            Heard from the complainant and gone through the case record. The complainant filed several copies of letters sent to the O.Ps, Xerox copy of money receipts, original prospectous supported with an affidavit in shape of evidence which seems that the complainant was not satisfied with the facilities provided by the O.Ps as mentioned in the prospectus of the O.Ps. The complainant’s said son has availed study of one year i.e. for Class XI and after being unsatisfied with the activities, facilities as assured by the Ops the complainant withdrawn the remaining study of Class XII for which he has paid the fees in all in advance which the O.Ps have also not challenged as they have not appeared for this case which reveals they have nothing to say in this case. The facility or service which the complainant has not availed but paid in advance should be refunded.

                  On the above observations and analysis we hereby allow the complaint petition with directions to the O.Ps to refund Rs. 80,000/- (Rupees eighty thousand) only to the complainant and pay sum of Rs. 10,000/- (Rupees five thousand) only towards harassment, mental agony and cost of the case within 30 (thirty) days from the date of receipt this order.   

   Accordingly the case is disposed of.

Order pronounced in the open court today the 10^th day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.

         

                                                        I Agree.                                                                                                         

                                         

                                                S.K.Ojha, Sr.Member                     S. L. Behera President       

                

                                              Dictated and corrected by me

 

                                                   S. L. Behera President