CONSUMER DISPUTES REDRESSAL FORUM    PALAKKAD

Dated this the  30^th day of June 2014

PRESENT :  SMT. SEENA. H, PRESIDENT

                   :  SMT.  SHINY. P.R, MEMBER

                   :  SMT. SUMA. K.P, MEMBER                           Date  of filing : 17/08/2013

CC /  137/ 2013

1. Mr.Shahul Hameed, S/o.Unniyankutty,

        Chelakkode House, Mathur,

        Peringode P.O, Koottanad,

        Palakkad District- 679 535                                  -           Complainants

1.  Mrs.Nazeema, W/o.Shahul Hameed,

        Residing at –do- place.

        (By Adv.Giresh K Nochulli)

                                                                                  Vs

1.    The Principal, Al-Ameen Central School

       (Affiliated to CBSC No.930481)

 Managed by Koottanadu Educational

        Society, Peringode P.O, Koottanad,

        Palakkad District- 679 535

2      The Manager, Al-Ameen Central School            -           Opposite parties

  (Affiliated to CBSC No.930481)

  Managed by Koottanadu Educational

         Society, Peringode P.O, Koottanad,

         Palakkad District- 679 535

         (By Adv.Unni Thomas)

O R D E R

By Smt. Suma. K.P, Member,

Brief case of the complaint :-

The case of the complainants is that they were residing at Coimbatore and their two children Afzal Rahman were studying in IV^th  standard and Sumaiya were studying in UKG, in the K.P.M. School, Pothanur Road, Coimbatore.  They had to shift their residence to Koottanad during the beginning of the academic year 2012-13 and so on the basis of the promises and assurances given by the opposite parties they admitted their children in the opposite party’s school at Koottanad towards V^th std and 1^st std respectively.  At the time of admission they had paid Rs.10,000/- each (Total Rupees 20,000/-) by way of admission fees for their children and opposite party had issued receipts for the same.  The complainant submits that the opposite party had assured that whenever the children want to get a transfer to any other school, they would refund the above admission fee amount of Rs.20,000/-.  Apart from the above amount the opposite party had also collected huge amounts from the complainants on some pretext or other.  But after their study during the academic year 2012-13 the children lost their existing standard of education, which they have gained from the previous school at Coimbatore. So, in the interest of the children, they obtained transfer certificates from the opposite party and now they are studying in Islahiya School at Kumaranellur from 2013-14 academic year.  The complainants demanded refund of the fees remitted by them.  But opposite parties neither refunded admission fees nor given any positive reply.  This has caused great mental agony to the complainants.  So a lawyer notice was issued to the opposite parties on 27/6/2013 demanding refund of the admission fee, but they neither complied with the demand nor send any reply.  The complainant also submit that the standard of education given by the opposite party’s school was very poor and this has also created mental agony to the complainants as well as the children.  Complainants states that the opposite parties are bound to repay the admission fees claimed by the complainants.  Hence they have approached before the forum seeking for an order for the refund of admission fees of Rs.20,000/- along with Rs.20,000/- by way of compensation for mental agony and inconvenience caused by the deficiency of service on the part of opposite parties and Rs.10,000/- for travelling and incidental expenses including costs of litigation.

Complaint was admitted and notice was issued to opposite parties for appearance , in spite of acceptance of notice opposite party failed to appear before the forum.  Hence they were called and set ex-party.  On 04/11/2013 opposite party filed IA to set aside the exparte order and the same was allowed on payment of cost.  Then opposite party filed version stating the following :  The above complaint is not maintainable either in law or on facts and is filed on an experimental basis. They denied the allegation that the above children were getting better education and higher standard from the previous school.  The opposite party had never assured that the amount collected towards admission fee will be refunded at the time of obtaining transfer to any other school.  They also denied the allegation that they have collected huge amounts from the complainants on some pretext or another.  The opposite party’s school is a reputed educational institution and provides higher standard of education to the students admitted to their school.  Opposite party had collected only Rs.14,500/- from the student studying in V^th std and Rs.12,620/- from the student studied 1^st standard.  This amount was collected as tuition fees along with conveyance charges.  The school is following CBSE Syllabus and having a good reputation in the society and there are lot of prominent and experienced teachers in the opposite party’s institution and for the previous 3 years they are obtaining 100% result at the 10^th standard CBSE board examination.  At the time of admission the opposite parties never compelled any of the parents by giving any types of promises or assurances so as to canvas admission.  The standard of education of a student cannot be assessed merely upon their fluency in English.  The complainants’ children were provided with better standard of education and above complaint is filed only with malafide intentions.  The opposite party admits that the complainant admitted their children to their school under the belief that it was managed by islam group.  But when they realized that it was not so they purposely obtained TC and shifted their children to another school managed by islam group.  They had obtained TC upon their own interest and without any compulsion from this opposite party.  They had also produced  the application for admission of both the students in which the 2^nd complainant(mother) had signed a declaration stating that I shall not claim any amount paid in part or in full for my wards admission. Hence they are estopped from filing this type of complaint.  Complainants are not entitled to any of the reliefs claimed in the complaint and hence the complaint has to be dismissed.

Complainant filed chief affidavit along with documents Ext.A1 – Ext.A.20 were marked from the side of the complainant.  Opposite party also filed chief affidavit and Ext.B1 - Ext.B3 were marked.  Complainant filed application seeking permission to cross examine opposite party . Opposite party filed a petition seeking permission to cross examine the 2^nd complainant.  Both the applications were allowed.  2^nd Complainant was examined as PW1 and the 2^nd opposite party was examined to DW1.  Evidence was closed and matter was heard. 

The issues that arises for considerations are

1. Whether there was any deficiency of service on the part of opposite parties?
2. If so, what are the reliefs to be granted?

At the time of examination PW1 deposed that as per the brochure issued to them (Ext.A.12) the admission fee was shown as 5,000/- per admission when the same was put to DW1 he explained that the brochure produced by the complainant might have issued during the academic year 2011.  As per the brochure of 2012 (Ext.B3) the admission fee per head is shown as Rs.10,000/- and the tuition fee is shown as Rs.13,500/-.  For the development works of the educational institution voluntary contributions were collected from the parents and those contributions were not mentioned in the receipts.  Rs.10,000/- was not collected as caution deposit from the complainants.  The complainants enquired about admission during the academic year 2011, but the children were admitted only on the academic year 2012-13.  Opposite parties were prepared to produce the new brochure published during 2012-13 and according to this brochure (Ext.B3) the amount was collected from the complainants.  We had also produced the Exts. produced from both sides.  In Ext.B1 and B2 the 2^nd complainant had signed a declaration to the effect that she will not claim any amount paid in part or in full for her wards admission.  Moreover both the children had continued their studies during the academic year 2012-13.  The previous standards of the children cannot be assessed by the Forum due to lack of evidence.  From the Exts. available before the Forum it is seen that the children had secured good marks from the newly admitted institution.  Hence it cannot be presumed that the standard of education provided to the children at opposite party’s school were of lesser standard.  There is no document produced by the complainant to show that the admission fee remitted shall be refunded at the time of transfer of their children excepting the allegations in the complaint.  From the above discussions we cannot attribute deficiency of service on the part of opposite parties. 

In view of the above discussions complaint is dismissed without any cost.              

Pronounced in the open court on this the 30^th   day of June 2014

                                                                                      Sd/-

                                                                                    Smt. Seena. H

                                                                                      President

                                                                                            Sd/-                                                                                                                                  Smt. Shiny. P.R

                                                                                         Member

                                                                                            Sd/-                                                                                                                                  Smt. Suma. K.P

                                                                                          Member

                                                            A P P E N D I X

Exhibits marked on the side of complainant

Ext.A1  -   Receipt No.4855 for Rs.10,000/- dt.26/05/12 issued by the opposite party                                      to the complainants for new Admission, in the name of Afzal Rahman.(Original).

Ext.A2  -   Receipt No.4854 for Rs.10,000/- dt.26/05/12 issued by the opposite party                                      to the complainants for new Admission, in the name of Sumaiya.(Original).

Ext.A3  -   Receipt No.5786 for Rs.3000/- towards annual Fee issued by to do.

Ext.A4 -   Receipt No.8981 for Rs.5000/- dt. 01/01/13 towards tuition Fee for 3^rd and 4^th

                  term issued by to do.  

Ext.A5 -   Receipt No.7355 for Rs.2500/- dt. 03/09/12 towards 2^nd term  fees issued by

                do to do.

Ext.A6 -   Receipt No.5523 for Rs.3000/- dt.13/06/12 towards 1^st  term tuition fees issued

                 by  do to do.                                      

Ext.A7 -   Receipt No.5524 for Rs.3000/- dt.13/06/12 towards 1^st  term tuition fees issued

                 by  do to do.

Ext.A8 -   Receipt No.7356 for Rs.2000/- dt. 03/09/12 towards 2^nd term  fees issued by         

                 do to do.

Ext.A9  -   Receipt No.8982 for Rs.4620/- towards 3^rd & 4^th Term tuition fees 2 months

                  vehicle fees  issued by to do.

Ext.A10  -   Receipt No.5787 for Rs.3000/- towards annual Fee issued by to do.

Ext.A11 -  Regd. Lawyer Notice dtd.27/06/2013 issued by Adv.Girish Nochulli, postal receipt

                 and A/D card dtd.01/07/2013 (Original)

Ext.A.12 – Brochure of Al-Ameen Central School.

Ext.A.13 series – School  Fees receipts   (Afzal Rahman & Sumaiya)

Ext.A.14 series – Hall tickets (Afzal Rahman & Sumaiya)

Ext.A.15 series – Transfer Certificates (Afzal Rahman & Sumaiya)

Ext.A.16 series –  Letter to Parents

Ext.A.17 series  -  Answer sheets (Afzal Rahman & Sumaiya)

Ext.A.18  -   Best student Award Sumayya.S

Ext.A.19 series- Note books (Afzal Rahman & Sumaiya)

Ext.A.20   -   Personal Record Afzal Rahman (Al-Ameen Central School)

Exhibits marked on the side of opposite parties

Ext.B1  -           Application form for Admission Afzal Rahman (Al-Ameen Central School)

Ext.B2  -           Application form for Admission Sumaiya (Al-Ameen Central School)

Ext.B3  -           Brochure of Al-Ameen Central School.

Witness marked on the side of complainant

PW1  - Naseema

Witness examined on the side of opposite parties

DW1- Kuriakose, Principal, Al-Ameen Central School, Koottanad.

Cost Allowed

Nil