Judgment : Dt.4.8.2017

            This is a complaint made by one Master Biprajit Dhar Choudhury, son of Shri Biswajit Dhar Choudhury, residing at B2/22/2 (New), Setna Road, Shyampur, Sarkar Para, Budge Budge, 24-Parganas (South), Kolkata-700 137 against – (1) The Headmaster, Kalidhan Institution, 20A and B, Southern Avenue, P.S.- Tollygunge, Kolkata-700 026, OP No.1, (2) Kalidhan Institution, 20A & B, Southern Avenue, P.S.-Tollygunge, Kolkata-700 026, OP No.2 and (3) Principal, Nava Nalanda High School, 25, Southern Avenue, Kolkata-700 026, OP No.3, praying for direction to refund Rs.6,500/- after duly deducting the legitimate charges of the Institution and a direction for payment of compensation of Rs.50,000/- for causing harassment and mental agony and also to pay litigation cost of Rs.10,000/-.

            Facts in brief are that Complainant is a student studying in Nava Nalanda High School. Complainant passed Madhyamik Examination from that school in 2016. Further, Complainant has stated that before the admission process in class XI, form of admission to Class XI was purchased from Kalidhan Institution. This Kalidhan Instituion was quite far away from his residence. Complainant was admitted in Class XI in Kalidhan Institution on 12.5.2016 by paying Rs.6,500/-. This fee includes admission, advance tution fees and caution deposit. As the Kalidhan Institution was quite far away, Complainant got admitted in Nava Nalanda High School in Class XI at the first available opportunity by paying fees again.

            Since Kalidhan Institution did not issue a regular receipt mentioning different heads under which Rs.6,500/- was collected, it was not possible for the Complainant to get adjustment of admission and tution fees from the Nava Nalanda High School. Since after his admission of Complainant in Class XI in Nava Nalanda High School on 13.6.2006 the father of the Complainant wrote a letter to the Headmaster to strike out the name of the Complainant from the live Register of students and to refund the admissible amount out of the deposited amount of Rs.6,500/-. But, the school did not return. So, Complainant filed this case.

            OP did not appear by filing written version and so the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion of the complaint, it appears that Complainant has sought for refund of Rs.6,500/- from Kalidhan Institution where he took admission on his own will and voluntarily. Further, it appears that Complainant has taken admission in another school as this Kalidhan Institution was far away from his residence.

            In our view this cannot be a ground for cancellation of admission in any school. It is because Complainant took the admission knowing well that the school is located far away from his residence. Complainant has alleged that the school did not issue a receipt of Rs.6,500/- and so he was not in a position to make adjustment. For the sake of argument, if it is accepted also that Complainant paid Rs.6,500/- for admission in different heads the ground on which Complainant did not continue his study in Kalidhan Institution is not justified and there is no liability of the OPs. Liability is of the Complainant himself because he on his sweet will left the school and took admission in another school.

            Accordingly, it appears that Complainant failed to prove the allegations made in his complaint petition.

            Hence,

ordered

            CC/98/2017 and the same is dismissed ex-parte.