Back
UNION TERRITORY CONSUMER DISPUTES
REDRESSAL COMMISSION, CHANDIGARH
Honble Mr. Justice J.B. Garg, President &
Mr. Sada Nand, Member
PRINCIPAL, SAINT XAVIERS HIGH SCHOOL—Appellant
versus
SUNIL DUTT SHARMA—Respondent
Appeal Case No. 41 of 1997—Decided on 3.11.1997
Counsel for the Parties :
For the Appellant :Mr. Yatinder Sharma, Advocate.
For the Respondent: In person.
Headnote:Consumer Protection Act, 1986 - Sections 15, 14(1)(d) and 2(1)(g) Complainant admitted his son in Appellants School- Complainants son had chicken pox in middle of May, 1996 - School closed for summer vacation - Complainant withdrew his son from School - Claimed refund of Rs. 5,000/- - District Forum ordered refund of Rs. 4,500/- with interest - Appeal- Complainant withdrew his son on account of his own choice - Not on account of deficiency in service - Forum has no jurisdiction to intervene when there was no deficiency on part of appellant.
Held: A perusal of this letter shows that Shri Sunil Dutt Sharma withdrew his son on account of his own choice and not that there was any deficiency on the part or the School. When there was no deficiency on the part of respondents, the jurisdiction of the Forum to intervene and order a refund is doubtful. The conclusion is that the appeal is accepted and the impugned order is set aside. (Para 2)
Result : Appeal accepted.
IMPORTANT POINT
The Forum has no jurisdiction to intervene when there is no deficiency in service.
Mr. Justice J.B. Garg, President—Shri Sunil Dutt Sharma got his son Chirag admitted in KG Class of Saint Xavier's High School, Sector 42, Chandigarh in April, 1996. He deposited a sum of Rs. 5.000/- on 3.4.1996 as required. Chirag had casual chicken pox in middle of May, 1996. Thereafter the School closed for summer vacations. Shri Sunil Dutt, however, withdrew Chirag from the School. He claimed the refund of Rs. 5,000/- together with interest @ 18% p.a. The District Forum ordered on 17.2.1997 the refund of Rs. 4,500/- and also ordered payment of interest @ 18% p.a. from the date of order till realisation. Aggrieved against it, the present appeal has been preferred.
2. The letter withdrawing Chirag was written by Shri Sunil Dutt Sharma on 22.6.1996 during the summer vacations. It shall be useful to reproduce the letter dated 22.6.1996 which is as under :
"To
The Principal,
St. Xavier's High School, Chandigarh.
Sir,
With due respect I would like to bring into your kind notice that due to some unavoidable circumstances, I am unable to continue the study of my son Master Chirag of KG-B (Roll No. 8310) in your school.
You are, therefore, requested to refund the caution money as well as admissible fee after necessary deduction as per rules and oblige.
Thanking you,
Sincerely Yours,
Sd/
(Sunil Dutt Sharma)
H. No. 1417-A,
Dated : 22.6.1996 Sector 37-B, Chandigarh."
3. A perusal of this letter shows that Shri Sunil Dutt Sharma withdrew his son on account of his own choice and not that there was any deficiency on the part of the School. When there was no deficiency on the part of respondent, the jurisdiction of the Forum to intervene and order a refund is doubtful. The conclusion is that the appeal is accepted and the impugned order is set aside.
Appeal allowed.
