Agreement to pay fees for 12 months justifies the collection of fees by the school, even if no classes are conducted during certain months.

Mr. Justice R.G. Desai, President—This appeal is directed against the order dated 16.7.1991 passed by the District Forum, Bangalore in Complaint No. 744/1990 on its file.

It arises in this way :—

The appellant’s daughter Sukanya attended Sophia Girls High School from 25.1.1978 to 12.4.1990. She appeared for the 10th Standard examination held in March 1990 and obtained her Transfer Certificate on 12.4.1990 from Respondent No. 1. The appellant had opened an account with Respondent No. 2 and had authorised Respondent No. 2 to transfer the amount of fees to the account of respondent No. 1 in that bank every month. The school collected fees for the months of April and May 1990 also, although no tuition was given to his daughter during those months. Hence, the appellant filed a complaint before the District Forum for return of Rs. 200/- paid towards fees for the months of April and May 1990: He had also made a claim for refund of caution money, but that amount was credited to his account. Hence that claim was given up.

2. Respondent No. 1 contended that even the Xth Standard students are required to pay the fees for the months of April and May by 15th of February; that the school does not get any grants from the Government; that the school has to pay salary of its teachers for those months also; that the complainant had agreed to pay the fees for full 12 months of the year at the time of getting his daughter admitted to the Xth Standard and so it was justified in collecting the amount.

3. Respondent No. 2 contended that as the complainant had authorised it to transfer the fees and as he had not instructed, it not to credit the fees for those months, it was justified in crediting the amount to the account of the school.

4. After hearing both sides, the District Forum held that the school was justified in collecting the fees for the months of April and May 1990 also and dismissed the complaint, Hence, this appeal by the complainant.

5. It is not disputed by the learned Counsel for the appellant that Respondent No. 1 had stated in the prospectus and diary of the school for the year 1989-90 that the students have to pay the fees for 12 months including April and May; that the Xth standard students should pay the fees for the said months by 15th February and that the appellant had agreed to do so at the time of admitting his daughter to the school. But his contention is that that contract has become void as the appellant’s daughter ceased to be a student of the school with effect from 12.4.1990. We do not see any force in the said contention. When once the complainant has agreed to pay fees for 12 months, he had to pay it, especially as the school has to pay salaries of its teachers for those months, although the school remains closed. To meet the said expenses the school is justified in collecting the fees for he months of April and May although no classes an conducted. Hence, the complainant is not entitled to refund of the fees collected by the school for the months of April and May 1990. If that is so the order passed by the District Forum is proper.

6. In the result, the appeal is dismissed. The appellant shall pay costs of Rs. 25/- each lo the respondents 1 & 2.

Appeal dismissed.

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