Tamil Nadu

StateCommission

FA/45/2014

PRINCIPAL, ST. JOHN DR. RAJKUMAR SMART KIDS SCHOOL - Complainant(s)

Versus

VIJAY SRINVASALU - Opp.Party(s)

R. NATNA SABAPATHY

17 Aug 2015

ORDER

 

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

                              Present: Thiru J. Jayaram,                                PRESIDING JUDICIAL MEMBER

                                            Tmt.  P. Bakiyavathi                            MEMBER

F.A. No. 45 / 2014

                         (Against the Order in C.C. No. 157 / 2012, dated 07-10-2013 on the file of the DCDRF, Chennai [South])

Dated this the 17^th day of AUGUST, 2015

Principal,                                            ]

St. John’s Dr. Rajkumar’s                   ]

Smart Kid’s School,                            ]

No.9, South Canal Bank Road, ]

Mandaveli,                                         ] Appellant / Opposite Party

Chennai – 600 028                    ]

 

                   Vs.

 

Vijay Srinvasalu,                                 ]

Flat No.A2, Krishna Rubel,                  ]

16/2, East Circular Road,                    ]

Mandavelipakkam,                              ] Respondent / Complainant

Chennai – 600 028                    ]

      

                       This Appeal coming up before us for final hearing on 24-07-2015 and on hearing the arguments of both sides and upon perusing the material records, this Commission made the following Order:

Counsel for Appellant:     -        M/s R. Natana Sabapathy

Counsel for Respondent:  -        M/s S. Natarajan

J. JAYARAM,  PRESIDING JUDICIAL MEMBER

              This appeal is filed by the opposite party against the order of the District Forum, Chennai [South] in C.C. No. 157 / 2012, dated         07-10-2013, allowing the complaint.

         The case of the complainant is that he got admission for his child in the 1^st Standard in the opposite party school for the academic year 2012 – 2013, and as demanded by the opposite party, he paid Rs.50,000/- towards donation and Rs.39,700/- towards admission fee besides other charges. The opposite party issued receipt only for the admission fee and did not issue receipt for the donation. The school was to reopen only on 26-06-2012. Due to unforeseen circumstances, the complainant had to go abroad for onsite assignment. Therefore, he sent a letter dated 18-04-2012 to the opposite party seeking refund of payments made by him; but the opposite party sent an undated reply stating that the fees once paid would not be refunded. This amounts to unfair trade practice and deficiency in service on the part of the opposite party.   

2.       The opposite party remained absent before the District Forum and the opposite party was set exparte.

3.       The District Forum passed an exparte order allowing the complaint and directing the opposite party to refund the sum of Rs.89,700/- which was paid by the complainant towards donation and school fee etc. and to pay Rs.25,000/- towards compensation for mental agony and to pay costs of Rs.5,000/-.

4.       In the facts and circumstances of the case, we feel that an opportunity must be afforded to the opposite party to participate in the proceedings for proper adjudication and to meet the ends of justice.

5.       In the result, the appeal is allowed and the order of the District Forum is set aside and the case is remanded to the District Forum for fresh disposal on condition that the appellant / opposite party pays costs of Rs.3,000/- (Rupees Three Thousand only) to the complainant on or before 31-08-2015, failing which the appeal shall stand dismissed.

6.       The parties are directed to appear before the District Forum on 1-9-2015 and the opposite party shall file version, and proof affidavit along with the documents if any, on that day itself.

7.       The District Forum is directed to dispose of the case within 3 months from the date of appearance of the parties.

 

      P. BAKIYAVATHI                                J. JAYARAM         

              MEMBER                         PRESIDING JUDICIAL MEMBER