Orissa

Rayagada

CC/15/90

Sri Biranchi Kumar Moharana - Complainant(s)

Versus

The Principal, Sri Prakash Educational Society, - Opp.Party(s)

B.K. Pradhan

23 Jul 2015

ORDER

DI DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

          AT:  KASTURI  NAGAR, Ist.  LANE,   L.I.C.OFFICE BACK PO/DIST: RAYAGADA ,  STATE:                                                                   ODISHA,  PIN  NO.765001,  PHONE/FAX                                                                                                                                NO.06856-223025.

                                                         C.C. Case  No. 90/ 2015.

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Smt. Ch.  Nirmala Kumari Raju, LLB,                    Member

Biranchi Kumar Moharana, At/Po Co-operative  Colony, Dist.Rayagada

                                                                 …….Complainant

                                                Vrs

Principal, Sri Prakash Educational Society,Ramaraopeta, Peddapuram, Visakhapatnam, A.P., India.                                                                                                                                                                                                            …….…..Opp.Party

 

Counsel for the parties:

For the complainant: In Person

For the O.P : Self

 

                                                            JUDGMENT

                        The facts of the complaint  in brief is  that  the  complainant has joined his son in +2 Science in Sri Prakash Educational Society, Visakhapatnam and for joining purpose the complainant has deposited Rs.50,000/- vide D.D. No.519044 dt.13.06.2014 . On 26.06.2014 the son of the complainant suddenly became sick and leave the institute by intimating the authority and due to his chronic illness the son of the complainant could not join the institute. The complainant intimated the matter to the authority and requested for return of the admission amount  but  the authority  did not pay any heed towards his request. Hence prayed to direct the O.p to return the admission fee of Rs.50,000/- . Hence, this case.

                        On being noticed, the Opp. Party appeared   and files written version inter alia denying the entire allegations of the complainant. It is submitted by the O.p that  the complainant joined his son in +2 Science  and later he asked permission from the authority to go to his parents and accordingly the complainant took his son  and later the son of the complainant did not come back to the school and even did not give any information.  Suddenly on 10.12.14 the complainant issued a legal notice with false and untenable allegations and on that the O.pa gave reply to the concerned advocate with correct facts  along with Xerox copy of application  filled by the complainant.  In the said reply the O.p mentioned that if the parent approaches through office with a written application, they have scope to consider parent requests but the complainant instead of approaching the school got filed this complaint  only to harass the O.p and to cause mental agony and loss to the O.p.  In fact the complainant after reading all the rules and regulations in the application form  signed it  and in the said application form it is clearly mentioned  in Rule No.8  that “ Fees once paid will not be refunded/adjusted under any circumstances” and further the complainant  gave undertaking in the said application form as “ in case of any problem or dispute, the complainant agree to get legal redress only in the court of law in Paddamuram Municipal limits”, So the complainant  fully aware of rules and regulations of the school and gave undertaking to that effect . The complainant suppressing all these facts filed this false case before this Forum  hence the complaint is not maintainable as per the undertaking given by the complainant and hence the complaint is liable to be dismissed with costs.

                                                            FINDINGS

We perused the complaint petition  and documents filed by both the parties and heard both the parties. Admittedly the daughter of the  complainant has taken admission in the institute of the O.p after paying Rs.50,000/- and  after some days he left the institute. It is admitted by the O.ps in the counter that they have received the amount  of Rs.50,000/- on different aspects and in the son of the complainant  left the campus. The other allegations made by her is not denied by the O.ps  and the complainant has not availed any such services from the O.p. Since the complainant has left the institute due to the  his sickness  and he has not availed any services from the institute   the O.p  is  liable to refund the entire amount to the complainant. Hence it is ordered.

                                                                   ORDER

                        The Opposite Parties are directed to refund the deposited amount of Rs.50,000/- after deducting one month tuition fees as applicable within one month from the date of receipt of this order  failing which the principal amount will carry interest @12% per annum till its realization. There shall be no order as to costs and compensation. Parties to bear their own cost.

                        Pronounced in open forum today on this 29^th day of June, 2015 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements, be forwarded to the parties    free of charge.

 

 

Member                                                                                               President

Documents relied upon:

By the complainant:

1. Xerox copy  of  payment receipts.
2. Xerox copy of  legal notice dt.10.12.14.

 

 

By the O.Ps.: Nil

 President