Punjab

Patiala

CC/21/233

Chandan Singh - Complainant(s)

Versus

The Principal Budda Dal Public School - Opp.Party(s)

Inperson

08 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                     

Consumer Complaint No.	:	CC/233/2021
Date of Institution	:	15.7.2021
Date of Decision	:	8.5.2023

 

Chandan Singh Chauhan, Advocate, Patiala R/o M-17, Tej Bagh Colony, Patiala.

(guardian of Ms Navleen Kaur, aged now 5 years)

 

                                                                   …………...Complainant

                                      Versus

The Principal, Budha Dal Public School, The Mall, Patiala.

                                                                   …………Opposite Party

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                       Hon’ble Mr.G.S.Nagi,Member         

 

PRESENT:                   Sh.Chandan Singh Chauhan, complainant in person.

                             Sh.Y.K.Aggarwal, counsel for OP.

                                     

 ORDER                                          

1. The instant complaint is filed by Chandan Singh Chauhan, Advocate (guardian of Ms Navleen Kaur) (hereinafter referred to as the complainant) against Principal, Budha Dal Public School, (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The averments of the complainant are as follows:
3. That complainant applied for admission of his daughter Navleen Kaur in the school of OP in Nursery Section-C, in the month of December,2019. At the time of submitting the form, he deposited an amount of Rs.27100/- with the OP in account No.20069 of the OP in Oriental Bank of Commerce, Lower Mall Branch, Patiala on 18.12.2019. In the month of March, 2020 Covid-19 period started and the school of OP was closed. Daughter of the complainant did not attend even a single class in the said period after her admission. As such the amount deposited by the complainant should be refunded as no facility in the form of education has been availed by the daughter of complainant. Complainant sent legal notice dated 24.3.2021 to the OP with the request to refund the amount so deposited by him and also for the refund of stationary charges of Rs.3500/- but of no avail. Consequently, prayer has been made for acceptance of complaint.
4. Upon notice, OP appeared through counsel and filed written statement having contested the complaint by raising certain preliminary objections.
5. On merits, admitted facts of the OP are that the daughter of the complainant got admission in Nursery Class Section C for the academic session 2020-21 and deposited an amount of Rs.27100/- in the month of December, 2019. School remained closed from 20.3.2020 due to pandemic of Covid-19.
6. It is submitted that OP made alternative arrangements and started online classes from April 2020. Daughter of the complainant alongwith other 12 students attended the online classes. The name of the daughter of the complainant was at Serial No.7 of the attendance register for the month of April 2020, May 2020, July 2020, August 2020 and September 2020. June was summer break. There are no instructions of the Director, School Education, Punjab to refund the fee for the period of the schools in Punjab remained closed due to Covid-19 pandemic. Ultimately, OP prayed for dismissal of complaint.
7. In evidence complainant tendered in evidence, his affidavit, Ex.CA, copy of receipt, Ex.C1, copy of legal notice, Ex.C2, postal receipt, Ex.C3 and closed evidence.
8. Ld. counsel for the OP tendered in evidence, Ex.OPA affidavit of Mrs. Harpreet Kaur, Principal, Exs.OP1 to  OP7 copies of online attendance record of April,2020, May,2020, July,2020, August,2020 and September,2020, Ex.OP7 copy of letter memo No.04/08-2020 dated 23.3.2020 and closed evidence.
9. Complainant filed written arguments. We have gone through the same, heard the complainant, ld. counsel for the OP and have also gone through the record of the case, carefully.
10. Admittedly, complainant deposited the fee of Rs.27100/- for the admission of his daughter in Nursery Class in the school being run by the OPs, in the month of December,2019,as per receipt,Ex.C1, for the quarter April to June 2020-21.The complainant  has alleged that due to outbreak of Covid-19 in the month of March 3/2020 school was closed and the daughter of the complainant did not attend any class in the said period and has prayed for refund of the fee deposited by him. Legal notice was also given by the complainant to the OP but no fruitful purpose was served.
11. The OP in its reply has admitted that the complainant deposited the fee in the month of December,2019 for the session 2020-21 which is valid for the quarter April-June,2020.Ld. counsel for the OP has argued that before the start of session there was outbreak of Covid-19 due to which all the establishments including the schools were closed. However, the OP made alternative arrangement for attending the classes on-line. The OP has also produced on record copy of attendance register , Ex.OP1 to Ex.OP6, as per which the complainant’s daughter was marked present on various occasions between the period April,2020 to September,2020 in the on-line classes being conducted by the OP. The OP has argued that outbreak of Covid-19 pandemic was an unforeseen circumstance. The OP has also produced on record copy of letter dated 23.3.2020Ex.OP7  issued by Director School Education Department, Punjab as per which no instructions have been issued to refund or waive of the fee for the period schools remained closed due to Covind-19. Only instructions issued vide said letter pertain to the rescheduling of the dates of the collection of the fee and not for the refund of the fee. Ld. counsel for the OP has further argued that the schools have to maintain their infrastructure and incur monthly expenditure on payment of salaries to the teachers and allied staff. Moreover schools have to bear other monthly expenditure for maintenance and upkeeping of school building, payment of electricity charges etc. Ld. counsel has further argued that since the schools were closed due to Covid-19 Pandemic and as every parent could approach the school for the refund of fee and the school would be left in lurch as the refund of fee to all the parents would lead to the school  bankruptcy.
12. In view of the discussion above, we are of the opinion that outbreak of Covid-19 Pandemic was the natural disaster which was not in the control of OP. All the establishments were closed as per the orders of the Govt. and no instructions whatsoever were issued by  the Govt. for the refund of the fee for this period of Pandemic. Moreover, the retaining of the fee was fully justified as it is used to sustain the day to day arrangements for the operation and betterment of the school and payment of salaries to teachers and other staff. Thus, we do not find any deficiency in service in not refunding the fee to the complainant. As such the complaint is dismissed accordingly. Parties are to bear their own costs.    
13.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President