SRI. SAJEESH.K.P : MEMBER
The Complainant has filed this complaint under Sec.12 of the Consumer Protection Act 1986 seeking direction against the OP to refund the admission fee Rs.1,57,340/- and to pay compensation of Rs.1,00,000/- to the complainant.
Brief of the complaint- The complainant and her children were in Comoros in Africa and came back to native land in the year 2018. The complainant took admission on 1/6/2018 for her children at OP’s school for Grade VI and Grade VIII by paying Rs.1,57,340/- in total including caution deposit of Rs.10,000/- cash respectively to her both children. She opted the Op’s school since they are providing facility to study French language. Unfortunately, after attending classes by her children, complainant came to understand that the school run by OP is maintaining much quality or any experienced facilities. So complainant constrained to obtain TC and requested refund of the fee paid in advance on which opposite party sought one month time to refund. Moreover opposite party obtained signature of complainant and her father on blank papers at the time of giving TC with an assurance that fee will be refunded within one month whenever complainant approaches OP they sought adjournment. At last lawyer notice was sent which was replied. So far Op never refund any single pie to the complainant as the assured. Hence the complaint.
The commission has sent notice to the opposite party which was duly served. But OP has not appeared or filed any version. Ultimately the Commission had to hold that the opposite party have no version as such in this case came to be proceed against the opposite party as exparte.
The complainant filed her chief affidavit and examined as PW1. Exts.A1 to A4 were marked from her side.
On the perusal of evidence adduced by complainant , it is clearly evident from Ext.A1 dtd.1/6/2018, the original receipt . her admission fee issued by OP that the amount of Rs.1,57,340/- were remitted by complainant to OP. Ext.A2 dtd.26/9/2019 lawyer notice which was sent by complainant to OP stating all the circumstances which complainant to constrained to obtain TC from OP’s school. But OP never took any steps for their appearance or file their version to contend averments of complainant. Hence OP is set exparte. The notice was replied by OP denying many of the averments in the complaint. Ext.A3.is the acknowledgment card. Ext.A4 is the reply notice.
Facts and circumstances of the case and in the light of available documents and affidavit, it is clear that there is unfair trade practice amounting to the deficiency in service on the part of OP. On the consequences upon which the complainant lost a huge amount of money towards the expenses of her children’s education at OP’s school where complainants explanations not meet by OP as they assured during admission. Hence the commission came into a conclusion that the opposite party is liable to pay the refund admission fee Rs.1,57,340/- to the complainant along with Rs.2000/- towards compensation and cost to the litigation. Hence the complaint is allowed in part.
In the result the complaint of the complainant is allowed in part:
1.The opposite party is directed to pay the refund the admission fee Rs.1,57,340/- to the complainant
2. To pay Rs.2000/- as compensation cum cost of litigation.
This order is to be compiled by the opposite party within 30 days from the date of receipt of this order, failing which the complainant shall be at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts:
A1- Receipt issued by OP dtd.1/6/18
A2-copy of lawyer notice dtd.26/9/2018
A3- AD card dtd.1/10/19
A4- Reply notice
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
eva /Forwarded by Order/
SENIOR SUPERINTENDENT
