ORDER

K.B. Sangannanavar, Pri. Dist & Session Judge (R), Judicial Member—This is an appeal filed U/s.15 of CPA 1986 by Complainants.1 & 2/Appellants, aggrieved by the order dtd.20.02.2019 passed in CC/225/2017 on the file of 1st Addl., District Forum, Bengaluru urban district. (Parties to this appeal will be referred to as their rank assigned to them by the Forum below).

2. The Commission examined the grounds of appeal, impugned order, appeal papers and heard the learned counsels.

3. Now, we have to decide, whether Appellants/Complainants.1 & 2 have made out grounds to interfere in the impugned order passed by the Commission below for the grounds set out in the appeal memo ?

4. It is to be noted herein the complainant.1 is one Master Suvir Wadhwa, is a minor represented by his mother/Smt.Kalpana Wadhwa, while Complainant.2/Sri.Sandeep Kumar Wadhwa is his father. They having been initiated a consumer complaint before the Forum below on 09.02.2017, alleged OPs.1 & 2 that they have rendered deficiency of services and to that effect sought for refund of admission fees of Rs.7,05,001/- along with interest at 18% p.a. till payment and sought compensation of Rs.5 lakhs for expelling the student without assigning any reasons. The Forum below having been admitted the complaint ordered notice against OPs.1 to 4 and they have put their appearance through learned advocate have contested the complaint and they denied the allegations as to they rendered deficiency of services. In view of the rival contentions of the parties to the complaint the Forum below held an enquiry by receiving affidavit evidence of Sandeep Wadhwa/Complainant.2 and evidence of Mr.Imrana Romin, Sr. Manager HR of OP.1 and after closure of enquiry the Forum below appreciated documents 1 to 8 produced by the Complainants and Ex-R1 to R6 produced by Ops, held OP.3 is no way concerned to the issue and further held OP.4 is a Director for Marketing at the Indus International school is deleted from complaint proceedings. Further held enquiry did not find any deficiency in service on their par of Ops 1 and 2 thereby dismissed the complaint with no order as to cost. It is this order being assailed in this appeal contending action of the OP school by expelling the student is totally arbitrary with malafide intention and their non-refund of fees of Rs.7,05,001/- is grave error committed by the Forum below, since the Forum below failed to appreciate the materials on record in right perception. The Forum below failed to appreciate email/doc.4 that prior to the Complainants paying the fees, the Principal Smt.Sarojini Rao accorded permission for play the cricket game in the Dell Cup tournament conducted by Karnataka State Cricket Association (KSCA) and it is evident that no sooner such school fee was received, then the school authority malafidely found out an untenable reason to expel the student illegally. It is also evident that, OP school did not have their team playing in this tournament and the school authorities cannot plead ignorance and cannot deny knowledge of the Dell Cup been a tournament between schools. Moreover, the fact that email dtd.08.08.2016, specifically grants permission to play the Dell Cup itself is evident that the school authorities were aware of the said fact. The Forum below failed to appreciate either oral or documentary evidence placed on record by the parties to the complaint and the impugned order deserves to be set aside and their complaint deserves to be allowed by giving direction to OPs to refund the fee paid by them and are entitle for compensation as sought for.

5. Let us examine impugned order, wherein could see in para 10 “A student’s failure to abide by such rules may result in the student’s suspension or expulsion. They are:—

• Insubordination or misconduct subversive of the discipline of the school.

• The sale or use of controlled substances or alcohol on school premise

• The use of profane or obscene language

• Violent behaviour, such