D.O.F:24/08/2020
D.O.O:05/05/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.102/2020
Dated this, the 5th day of May 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Muhammad Irshad. M, aged 38 years,
Puthiyedath House, : Complainant
Coppa,
Kasaragod- 671123
And
Principal/ Director Board,
Chinmaya Vidyalaya, : Opposite Party
Vidyanagar,
Kasaragod- 671123
(Advs. K. Unnikrishnan & Jithesh Babu P.K)
ORDER
SRI.KRISHNAN.K :PRESIDENT
The case of the Complainant is that he got admission in LKG for his daughter Jameela then aged 3 years four months with date of birth 12/11/2016 by paying fees in total Rs.18,000/- for the academic year 2020-2021. With regard to age school insisted an undertaking. But due to Covid-19 school could not work as usual. The Complainant sought refund of fees already paid since fees are paid for offline classes and not for online classes. Finally Opposite Party agreed to refund half of admission fees as per cheque and refused to refund balance citing it is taken as for processing fees and not refundable Complainant sought compensation of Rs.4,00,000/-.
2. The Opposite Party appeared and filed its written version. The Opposite Party admitted taking admission and payment of Rs.17,800/- under different heads shown therein. Online classes became order of day and Complainant cannot escape from the same. But still Rs.12,800/- is refunded, deducting Rs.5,000/- towards processing fees. The Complainant is not entitled for any reliefs.
3. The Complainant filed chief affidavit, cross examined by Opposite Party. Ext.A1 to A5 documents marked from his side. Ext A1 to A4 receipts, Ext A5 is letter request for withdrawal of money. The Opposite Party not adduced any evidence.
The grievance of the Complainant is that school authorities (Opposite Party) refused to refund the entire fees already collected. The parents once they pay fees to an education institution for certain services and the institute fails to deliver those as promised or admission is cancelled, there is no meaning in collecting or restraining Rs.5,000/- as processing fees. Students have the right to withdraw from the institute and also demand the fee refund. A maximum of Rs.1,000/- can be retained towards processing charges that may have been incurred by the institution in regard to the admission.
5. School authorities refunding a portion of admission fees collected admits that on cancellation of admission, student is entitled to refund of fees already paid. There is no justification or sanction of law in retaining Rs.5,000/- towards processing fees while refunding portion of admission fees as processing fee.
6. When parents submit to school in writing to refund the entire amount except for nominal processing fees, it is bounden duty to refund amount when no service are provided. Seeking refund of fees on cancelling admission, and school refunding a portion and unilaterally keeping or retaining Rs.5,000/- without support of mandate of any law or circular cannot be accepted on the ground that seeking of fees on cancellation of admission is an attempt to tarnish the image of Vidyalaya. The image of Vidyalaya and noble vision admission should have been more appreciated in case school pays full admission fees collected or retaining a nominal amounts.
7. Chinmaya Vidyalaya are managed by a trust and not for profit alone but for service to society also by education as well. The complainant holds that denial of refund in this case retaining Rs.5,000/- as processing fees is not legally acceptable and Opposite Party is liable to refund the same of course with a deduction of nominal amount of Rs.1,000/- as above.
8. There is deficiency in service on the part of Opposite Party in retaining fee amount when admission is cancelled citing processing fees, Parents has suffered mental tension and agony in this regard. The Complainant entered in the box and faced cross examination. The Opposite party did not enter the box nor produced legal authority or CBSE rules to retain Rs.5,000/- as processing fee when admission is cancelled as above. The Complainant is entitled for compensation.
9. The Complainant is seeking Rs.4,00,000/- as compensation for which there is no basis or support of law. Consumer Protection Act is enacted to provide relief to consumers when there is any deficiency in service. Considering that fact that the admission is cancelled so early and a major portion is refunded, this Commission directs refund of Rs.4,000/- paid towards admission fees and Rs.1,000/- is permitted to retain as nominal processing fees, Commission holds that a sum of Rs.5,000/- as compensation is payable by Opposite Party to Complainant which sum is found reasonable compensation and also pay Rs.3,000/- as cost of litigation.
In the result complaint is allowed in part Opposite Party is directed to refund Rs.4,000/- (Rupees Four Thousand only) collected/ retained towards processing fees to the Complainant. The Opposite Party is also directed to pay Rs.5,000/- (Rupees Five Thousand only) as compensation for deficiency in service and Rs.3,000/- ( Rupees Three Thousand only) as cost of litigation within 30 days of the receipt of the order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1: Receipt Dt: 15/02/2020
A2: Receipt Dt: 02/03/2020
A3: Card
A4: Fee receipt dated 02/03/2020
A5: E-mail Communication
Witness Cross examined
PW1:Muhammad Irshad. M
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
