IMPORTANT POINT
Admitting students in school which did not have recognition amounts to unfair trade practice.

M.V. Viswanathan, Judicial Member—The above appeal is preferred from the order dated 31st January 2001 passed by the CDRF, Ernakulam in OP 715/2000. The complaint in the said OP was filed by the respondent herein as complainant against the appellant as opposite party claiming refund of Rs.1,300 which was paid by the complainant to the opposite party, on the ground of deficiency of service. The aforesaid claim was repudiated by the opposite party stating that the aforesaid amount was received by way of fees from the complainant as parent of the student who was admitted in the school by the opposite party. The lower forum accepted the case of the complainant and thereby the opposite party is directed to refund the aforesaid sum of Rs.1,300 received from the complainant. The lower forum is also directed to pay interest on the said amount at the rate of 12% per annum from 8.6.2000 till the date of payment with a cost of Rs.300. Aggrieved by the said order the present appeal is preferred.

2. We heard the counsel for the appellant/opposite party and the respondent complainant who appeared in person. The learned counsel for the appellant relied on the ground urged in the memorandum of the present appeal and requested for setting aside the impugned order passed by the lower forum. On the other hand, the respondent supported the findings and conclusions of the lower forum and requested for dismissal of the present appeal.

The points that arise for consideration are:

1. Whether the alleged deficiency of service on the part of the appellant opposite party can be upheld?

2. Is there any sustainable ground to interfere with the impugned order passed by the lower forum in OP 715/2000?

Points 1 and 2

3. There is no dispute that the respondent/complainant paid Rs.1,300 to the opposite party for getting admission to the complainant’s son Steril Sebastian. Ext.A1 slip dated 10.4.2000 issued by the opposite party would make it clear that the aforesaid sum of Rs.1,300 was received by the opposite party from the complainant. The definite case of the complainant is that the said sum of Rs.1,300 was received by the appellant/opposite party by way of donation. On the other hand, the appellant/opposite party would content that the said amount was received by way of fees. But the opposite party could not adduce any evidence to substantiate the case that the said amount was received by way of fees namely, tuition fee, admission fee, special fee and PTA fund. Ext. A1 slip issued by the opposite party would make it clear that the aforesaid amount was received by the opposite party from the complainant at the time of giving admission to the complainant’s son. So the lower forum can be justified in finding that the said amount was received by way of donation.

4. The case of the complainant is that the opposite party’s school namely, Loyal English Medium School, Vennala was not having the recognition and so he was not interested in admitting his student in the school run by the appellant/opposite party. The respondent/complainant was compelled or forced to take away his son from the opposite party’s school because of the press note published in “Malayala Manorama” daily dated 31.5.2000. The aforesaid press note would make it clear that the Government would not permit the un-recognized schools to continue imparting education to the students. It is on the basis of A2 press note published in Malayala Manorama daily the complainant decided to take away his son from the opposite party’s school. It is also averred that there after the complainant admitted his son in St. Albert School, Ernakulam. The appellant opposite party has not produced any piece of paper to show that the school run by the opposite party was having the required recognition to run the school. So, the action on the part of the opposite party in admitting the students including the complainant’s son in a school without required recognition would tantamount to unfair trade practice. The