BEFORE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, RAJASTHAN, JAIPUR
Appeal No. 89/2008
The Sagar School, Village Bagor, Tehsil Tizara, Distt. Alwar through its Administrator.
Shashank Bansal S/o Shri Satish Bansal through his natural guardian (father) Shri Satish Bansal, 26 Windsar delight, Chuna Bhatti, Kolar Road, Bhopal (M.P).
Mr. Justice S.K. Garg, President
Mr. G.S. Hora, Member
Mr. Susan Timothy, counsel for the Appellant
Mr. Ashish Jain, counsel for the Respondent
ORDER Dated: 20/05/2009
PER Mr. G.S. HORA, MEMBER
This appeal arises out of the order dated 30.11.2007 passed by the learned District Forum, Alwar whereby the Complainant in Complaint No. 77/2007 was awarded a sum of Rs. 1,10,755/- with interest @ 9% per annum from the date of presentation of the complaint apart from Rs. 5,000/- as compensation on account of mental agony and Rs. 5,000/- as litigation expenses.
It was alleged in the complaint that the Complainant was a regular student of Class X in the Appellant's Institution. He appeared in Secondary Examination, 2005. The Complainant could not qualify the said examination because he failed to clear the Paper of Mathematics. The Complainant appeared in Supplementary Examination for Mathematics, the result of which was declared on 18th August, 2005. In Supplementary Examination also, he could not get through. After giving Supplementary Examination, the Complainant was admitted in Class XI in anticipation of being successful in Supplementary Examination. As he could not clear the Paper of Mathematics, he discontinued the studies after 18th August, 2005. The Complainant has prayed for refund of fee of Rs. 1,00,000/-
which he deposited while taking admission in Class XI. He has also claimed a sum of Rs. 10,755/- which is a balance amount of Imprest Money deposited by him. As the Appellant did not refund the fee as well as imprest amount, the complaint was filed.
The Opposite Party objected to the refund of the aforesaid amount saying that as per prospectus of the School, the fee is not refundable. Similarly, the amount lying in deposit as imprest money is also not refundable. After hearing both the sides, the learned District Forum allowed the complaint and awarded the amount as indicated above.
We have given thoughtful consideration to the rival contentions.
It is an admitted fact that the Complainant got supplementary in Mathematics in X Class and he appeared in Supplementary Examination also but could not clear the said paper. In anticipation of his success in the supplementary examination, he was given admission in XI Class on 4th August, 2005. The result of supplementary examination was declared on 18th August, 2005 but unfortunately the Complainant could not succeed in that examination. With the result, he had to discontinue studies in XI Class. The Complainant after leaving School, claimed refund of amount which was deposited by him as a fee and balance amount of imprest money. Neither fee was refunded nor imprest money was given back. In our view, looking to the peculiar circumstances, the amount of fee and imprest money should have been refunded to the Complainant after making necessary deductions. The Complainant was put in XI Class in anticipation of his success in the supplementary examination. Simply because he attended XI Class for 14 days only, the entire amount of fee of Rs. 1,00,000/- could not have been retained. Althogh there is a prospectus of the School mentioning that the fee once deposited shall not be refunded but in matter in hand, the admission was provisional subject to clearance of supplementary examination. In case, the Complainant could not clear the supplementary examination, the fee should have been refunded. Similarly, the balance amount which was lying as imprest money should have been returned to the Complainant. It has been brought to our notice that fee of Rs. 1,00,000/- includes Rs. 20,000/- for Text Books and initial stationary and Rs. 15,000/- for the uniform. We feel that the Complainant must have used uniform and the text books and stationary while studying in XI Class. He also attended regular class for 14 days keeping in view these facts the imprest amount of Rs. 10,755/- may be treated as an amount adjusted against all the three
items. Rest of the amount of Rs. 1,00,000/- the Complainant is entitled to get back.
Consequently, the appeal is partly allowed and the Opposite Party is directed to pay to the Complainant a sum of Rs. 1,00,000/- instead of Rs. 1,10,755/-. To this extent, the impugned order is modified. However, the rest of the order of the Forum below shall remain unaltered. We also make no order as to cost of this appeal.