DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 40 OF 2019

Chandra Sekhar Sharma (54 Yrs)

S/o: Gopal Krishna Sharma,

R/o: Sarbahal, Jharsuguda Town,

Ps/ Dist: Jharsuguda, Odisha…………………………………….…………………Complainant.  

Versus

1. The Principal,

Delhi Public School (D.P.S), Titheipali,

PO/Ps-Sasan.Dist: Sambalpur, Odisha.

2. The Chairman,

Delhi Public School (D.P.S), Titheipali,

PO/Ps-Sasan. Dist: Sambalpur, Odisha.………............….............….…...Opp. Parties.

Counsel for the Parties:-

For the Complainant                                       Sri P.K. Mishra, Adv. & Associates.

For the Opp. Parties                                      None( Ex-Parte).

Date of Order: 05.11.2019

Present

                                                                    1. Shri S.K. Ojha, President-In-Charge,

                                                                    2. Smt. A. Nanda, Member(W),

Shri S.K.Ojha, President-In-Charge : - The complainant’s case in brief is that, the complainant wanted to take admission of his son namely Karan Sharma in the school of O.Ps in the month of May’2017 and visited to the O.Ps.  As per the advice of O.P.No.1 the complainant paid a token fees of Rs. 5,000/- only towards advance amount for admission in class-XIth on dtd. 02.05.2017 excluding Rs.250/- only. Further on dtd. 08.06.2017 the complainant paid Rs.38,900/- only  towards installment of 1^st quarter of total fees i.e. in total Rs.44,150/- only.  In the early time, while visiting to the O.Ps., the O.P.No.1 assured that the paid money shall be refunded at any stage while the complainant will decide not to take admission in any ground. As due to the said son of complainant (aged about 15 years) is a student of DAV Public School, Jharsuguda, the said school did not want to leave the student like the said son of complainant. The school did not provide school leaving certificate with other related papers and the said son was also not interested to leave the school and to take further admission anywhere. The doctor also advised to avoid long distance travel due to health reason of his son of complainant.  The complainant approached to the O.P.No.1 on dtd. 09.06.2017 and expressed his willingness for not to take admission of his son with the O.Ps. and wanted the refund of money paid to them.  The complainant contacted several times with letters, emails and sent a legal notice through his advocate but the O.Ps. did not take any action, hence this case. 

 On receiving notice the O.Ps. kept silent even after providing opportunities and stand ex-parte ultimately.                                                                                                                                                            

As the O.Ps kept complete silence which reveals that they have nothing to say in this case, thus heard from the complainant in length.  The complainant filed “Evidence in chief in shape of affidavit” along with relevant Money Receipts such as of Rs.250/- only bearing No.5080 dtd.02.05.2017, Rs.5,000/- only bearing No.5086 dtd.17.05.2017 and Rs.38,900/- only bearing No. 5432 dtd. 08.06.2017 i.e in total Rs.44,150/- only. Further the said son of complainant did not agree to leave his previous school and to take admission anywhere so also keeping in view of health condition of his son the doctor also advised to protect from any travel. The complainant requested the O.P.No.1 and expressed about the willingness of his son and asked for refund of his money paid to O.P.No.1.  The O.P.No.1 assured the complainant to refund the entire amount paid by the complainant but till date did not take any heed even on receipt of several requests and approaches.

Though there is no any written evidence of any terms and conditions of the O.Ps by or between the complainant on refund of money, if the complainant shall not be interested in any case/ situation. But the O.Ps. did not challenge in any manner or can say did not appear even after receiving of notice and also providing sufficient opportunities.  The activities of O.Ps. denotes towards their negligence and their attitudes for nothing to say anything in this case. The said son of complainant did not attend a single day in the school of O.Ps even after paid and completed all the formalities for taking admission in class-XIth.

The school / O.Ps, should refund the amounts received towards admission so also the installment charges or/ including any other charges received from the complainant who have not taken any kind of service from the school in question / O.Ps, for which he had paid to, but subject to deduction of legitimate official charges.   

In the above facts and circumstances, the complaint petition is hereby allowed by directing the O.Ps., jointly and severally to refund the total received amount to the complainant  by deducting 10% of Rs. 44,150/- only towards official service charges.  Further the O.Ps are hereby jointly and severally directed to pay a sum of Rs.3,000/-(Rupees three thousand) only towards harassment, mental agony including cost of the case within 30(thirty) days of receipt of this order, failing which the O.Ps. shall pay interest @ 12% per annum on the above mentioned awarded amounts till realization.

Accordingly the case is disposed of.

Order pronounced in the open court today the 05^th day of November’ 2019 and copy of this order shall be supplied to the parties as per rule. 

          I Agree.

        A.Nanda,Member ( W)                                                    S.K.Ojha, President I/C                      

                                           Dictated and corrected by me

  S.K.Ojha, President, I/C