Orissa

Sambalpur

CC/40/2019

Smt. Beenapani Nanda - Complainant(s)

Versus

1- Managing Director, Vikash The Concept School - Opp.Party(s)

23 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 40/2019

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Beenaapani Nanda,

W/O-Shri. Narayan Dash,

Vill-Bandhapara, Po-Phatkara, Via-R.C Bolangir

Dist-Bolangir-767002, Odisha.                  .                            ………..…..Complainant

 

Vrs.

1. Managing Director, Vikash Concept School,

At-Sason Bye Pass, PO-Sason,

Dist-Sambalpur, PIN-768028.

2. Principal Vikash the concept School,

At-Sason Bye Pass, PO-Sason,

Dist-Sambalpur, PIN-768028.. ………..Opp. Parties

Counsels:-

1. For the Complainant                   :-Sri. S.K.Pujari, Advocate & Associates
2. For the O.P.No.1 & 2                   :- Sri. P.M.Dash & Associates

 

DATE OF HEARING :03.07.2022, DATE OF JUDGEMENT : 23.08.2022

           Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The case of the Complainant is that in 2017 Ipsita Dash daughter of the Complainant admitted to Vikash Concept School on 09.07.2017, paid an amount of Rs. 83000/- + Rs. 5500/- total Rs. 88,500/- to-wards charges of mess, tution and boarding fees. The Complainant was assured that in each room four science students will stay, the new building construction was on going and creating noises and lack of much water facilities. During stay daughter of Complainant found that she was to wait for a long queue for toilet due to scarcity of water. The Classes taken by the teaches were not up to the mark and discouraged her. On 10.07.2017 she was withdrawn from the school. The receipt No. 1037 dated 09.07.2017 was taken back and the clerk assured to refund the admission fees etc. The O.Ps refunded Rs. 62,000/- but not ready to refund Rs. 26,500/-. The complaint was filed at Bolangir but due to territorial jurisdiction the Complainant filed at Sambalpur.
2. The O.Ps after appearance filed their version. The O.Ps admitted the fact, deposit of Rs. 88,500/- Rs. 37,000/- tution fees, Rs. 21,000/- mess fees Rs. 25,000/- boarding fees and Rs. 5500/- pocket money was collected by the O.Ps from the Complainant. The O.Ps denied the commitment. The Complainant acknowledged and accepted the regulations contained in application form 24hours water supply was provided to the inmates. In the application dated 10.07.2017 father of candidate Ipsita Dash namely Narayan Dash cited the reason of withdrawal that Ipsita is not acquainted with hostel life. An amount of Rs. 67,500/- total were refunded to the Complainant, Rs. 62,000/- on 13.07.2017 and Rs. 5500/- on 14.07.2022. As per the refund policy of the school Rs. 21,000/- mess fees and Rs. 5,500/- pocket money deposit was refundable. For two day stay the refund was considered and to maintain good-will of the parents Rs. 67,500/- was refunded. There is no any deficiency on the part of the O.Ps.
3. Perused the documents filed by the Complainant. The Complainant paid Rs. 82,000/- on 11.07.2017 and Rs. 5500/- vide cheque No. 698406 and 698407. On 13.07.2022 an amount of Rs. 62,000/- was refunded to the Complainant. Narayan Dash father of Ipsita Dash on 02.11.2018 requested for return for Rs. 21,000/- to the O.Ps. No other documents have been filed by the Complainant nor by the O.Ps.
4. From the version of O.Ps it is crystal clear that Rs. 21,000/- was not refunded to the Complainant and it is due to refund policy of the school which is provided in application form for admission form No. 260/2017-18. The O.PS admitted the availability of form with them as the amount of Rs. 67,500/- refunded, the receipt were collected by the staff of the school. The said form has not been filed by the O.Ps which is the very basis of a contract.

The O.Ps in their version said to maintain good will of the parents Rs. 67,500/- was refunded. In the instant case the parents of the student are dissatisfied and withdrawn their kid from the school, whatever reason may be. For two days stay in the hostel and admission fees Rs. 21,000/- has been charged by the O.Ps which is without any reason and also excessive.

Education should not be a commodity and treatment like commodity. In the aforesaid back-ground it is established that the O.Ps have not acted to maintain their good will although it is a prime institution in Orissa. The O.Ps are deficient in their service. Accordingly it is ordered:

6698606.  

The Complaint is allowed on contest. The O.Ps are directed to refund Rs. 21,000/- to the Complaint with 7% interest w.e.f 13.07.2017 within one month failing which the amount will carry 12% interest till realisation.

No order as to Compensation.

Order pronounced in open court on this 23^rd day of August 2022.

Supply free copies to the parties.