Tamil Nadu

South Chennai

CC/178/2007

Bharathi Manikandan - Complainant(s)

Versus

Y.G.P.School - Opp.Party(s)

N. Chnadraraj

29 Oct 2015

ORDER

                                                                             Date of Complaint  : 20.04.2007

                                                              Date of Order        : 29.10.2015

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                  : PRESIDENT                     

                     TMT.K. AMALA, M.A. L.L.B.,                                : MEMBER – I

                     DR.T.PAUL RAJASEKARAN, M.A D.Min HRDI, AIII,BCS : MEMBER - II

                                                     

C.C.No. 178 / 2007

THIS  THURSDAY  29^th   DAY OF  OCOTBER 2015

 

Mrs.  Bharathi Manikandan,

NO.5/3, Main Road,

Kesari Nagar,

Adabakkam,

Chennai 600 088.                                              .. Complainant.

                                                         - Vs-

The Correspondent, Calibre, Mrs. Y.G.P.School, No.21/5, Krishnasamy Avenue, Mylapore, Chennai 600 004.                                                   .. Opposite party.     For the complainant                    :  M/s. S. Pushpakaran & other		.. Opposite party.
For the opposite party.                     : Exparte.

        Complaint under section 12  of the Consumer Protection Act, 1986 for a direction to the opposite party to pay a sum of Rs.58,088/- towards school fee and also to pay a sum of Rs.25,000/- as compensation and Rs.1000/- as cost of the compliant to the complainant.  

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II

1.     Perused the complaint, and the documents Ex.A1 to Ex.A16  filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant counsel.  

2.     It is pertinent to note that this complaint is originally filed on 20.4.2007.    Due to non appearance of opposite party, exparte order was passed in favour of the complainant on 20.2.2007.  The opposite party have preferred appeal against the said order in F.A. No.207 / 2014 before the Hon’ble State Consumer Disputes Redressal Commission, Chennai.   The State Commission by order dated 12.3.2015 set aside the said exparte decree against the opposite party passed by this Forum  on terms and remanded back the case to this forum with direction to dispose on merit.  

3.     As per the direction of Hon’ble State Commission in F.A.No.207/2014, dated 12.3.2015 this forum again taken this case on file and posted for appearance of both side and to comply  the conditions imposed by the Hon’ble State Commission in the above F.A. order by the opposite party.    On 16.4.2015 though the complainant’s counsel represented and the opposite party has paid the cost imposed by the Hon’ble State Commission in F.A. No.207/2014 dated 12.3.2015,  the opposite party neither appeared nor filed vakalath, written version and proof affidavit as per the direction of the Hon’ble State Commission order dated 12.3.2015. 

4.     On perusal of documents filed by the complainant we found that the opposite party had collected Rs.5000/- towards one time admission fees on 19.4.2006 and Rs.8000/- towards education fees, Rs.2000/- for fine arts and Theatre, excursion Rs.500/- and Resource centre Rs.2500/- (Rs.13000/-)  and  learning station infrastructure  Rs.4000/- learning kits fees Rs.2000/-, interiors Rs.1000/-, Exteriors Rs.1000/- (Rs.8000/-), total fee collected per child Rs.29000/- for two children it comes to Rs.58,000/.  The learned counsel for the opposite party in Ex.A16 stated in para-8 “it has clearly stated in the fee receipts that fees once paid will not be refunded and no refund is allowable.”  On perusal of fee receipts and prospectus given to the complainant it is found that no where this condition is neither printed nor enclosed.   Moreover the complainant in his written arguments has stated that the school was functioning at Godown in Mylapore which is converted into the school, doesn’t have the infrastructure and other facilities which required for a good ambience for the kids to pursue their educational activities.   The complainant  had informed the opposite party within a week’s time of their admission their desire to vacate from the school wherein the opposite party denied to comply with their request  and discharged their  children   from   the   school.     As   per   the UGC   norms  if  any   candidate   withdraws / discontinue   the   school  the   vacant  seat  may be accommodated  from  the  waiting  list  of  the  candidate  who  have  already applied.     The denial   of   refund  of   fees  collected  by  the  opposite  party clearly   proves   it   is “unfair  trade  practice”.   Moreover  the   opposite   party what  fees   they   collected    and   mentioned   the facilities to be provided against which the nature mentioned has not been complied with which amount to deficiency of service on the part of the opposite party.

5.     Moreover there is no contra evidence on the side of the opposite party since they remained exparte.  

6.     Hence we are of the  considered view that the opposite party is purely committed “deficiency” in their service.    Hence the opposite party is directed to pay a sum of Rs.58,000/- collected by them as fees (excluding transport charges) with interest at the rate of  12% p.a. from the date of filing the complaint i.e. on 20.4.2007 to till the date of payment and also to pay a sum of Rs.2500/- to the complainant.

        In the result, the complaint is partly allowed.  The opposite party is directed to pay a sum of Rs.58,000/- (Rupees Fifty eight thousand only)  towards fees with interest at the rate of 12% p.a. from the date of complaint to till  the date of payment and also to pay a sum of Rs.2,500/- as litigation charges to the complainant within six weeks from the date of this order.  

        Dictated directly by the Member-II to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 29^th     day of  October   2015.

 

 

MEMBER-I                                        MEMBER-II                                           PRESIDENT.

 

 

 

Complainant’s Side documents :

Ex.A1-          -       - Copy of Prospectus of the opposite party.

Ex.A2- 19.4.2006      - Copy of receipt  No.80 Admission fee paid for Abirami

Ex.A3- 19.4.2006      - Copy of receipt No.80 Education fee paid for Abirami  

Ex.A4- 19.4.2006      - Copy of receipt No.80 infrastructure fee paid for Abirami.

Ex.A5- 21.4.2006      - Copy of receipt No.101 Admission fee paid for Avinash.

Ex.A6- 21.4.2006      - Copy of receipt No.101 Education fee paid for Avinash.

Ex.A7- 21.4.2006      - Copy of receipt No.101 infrastructure fee paid for Avinash.

Ex.A8-          -       - Copy of communication from the opposite party to the parents.

Ex.A9- 14.6.2006      - Copy of receipt NO.185 Van fee paid for Abirami.

Ex.A10- 14.6.2006    - Copy of receipt No.054 computer fee paid for Abirami.

Ex.A11- 14.6.2006    - Copy of receipt No.184 Van fee paid for Avinash.

Ex.A12- 14.6.2006    - Copy of receipt No.53 Computer fee paid for Avinash.

Ex.A13- 22.6.2006    - Copy of letter of the Petitioner to the opp. party withdrawing

                                 Her children from the school.

 

Ex.A14- 27.6.2006    - Copy of letter of the petitioner to the opp. party on claiming

                                  The refund of the school fee etc. on withdrawing her children

                                  From the school.

 

Ex.A15- 17.7.2006    - Copy of Lawyer notice.

Ex.A16- 31.7.2006    - Copy of reply notice.

 

Opposite party’s side documents: -  

            .. Nil..      (Exparte)

 

 

MEMBER-I                                         MEMBER-II                                          PRESIDENT.