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2016 Supreme(Manipur) 58
IN THE HIGH COURT OF MANIPUR AT IMPHAL
RAKESH RANJAN PRASAD, J.
The Free Progress Academy Centre - Appellant
Vs.
Konthoujam Paka Singh, S/o K. Jatishwar Singh - Respondent
RFA No.14 of 2007
Decided on : 28-04-2016
For the Appellants :Mr. S. Sachindra, Advocate
For the Respondents:Mr. N. Mahendra, Advocate
The judgment emphasizes the importance of proving misrepresentation or fraud and the need to establish consent for admission in cases involving educational institutions.
Headnote:
Fraud - Education - Section 80-G of Income Tax Act - Contract Act - [SECTION 80-G of Income Tax Act, Section 73 of the Contract Act]
Fact of the Case:
The plaintiffs alleged that the defendants misrepresented the status of a school and admitted their children without consent. The trial court found in favor of the plaintiffs and decreed compensation. The defendants appealed.
Finding of the Court:
The court found that the plaintiffs failed to prove misrepresentation or fraud by the defendants. It also found evidence that the plaintiffs' children were admitted to other schools with the consent of the plaintiffs, contrary to the plaintiffs' claims.
Issues: Misrepresentation, Consent for Admission, Entitlement to Compensation
Ratio Decidendi: The court held that the plaintiffs failed to prove misrepresentation or fraud by the defendants and that the children were admitted to other schools with the consent of the plaintiffs.
Final Decision: The appeal was allowed, and the trial court's judgment and decree were set aside, resulting in the dismissal of the suit.
1.This appeal is directed against the judgment and decree dated 8.9.2006 passed in Original (Money) Suit No.38/2002/15/2003/14/2005/9/2006 by the Additional District Judge (Fast Track Court, Manipur East, Lamphelpat whereby and whereunder a sum of Rs.1,48,310/- was decreed to be payable to the plaintiff towards compensation by the defendants jointly or severally within six months with a default clause that if defendants fail to pay they shall be liable to pay interest @ 6% p.a. from the date of institution of the Suit till its payment.
2. The case of the plaintiffs is that while the sons and daughter (plaintiffs 2-4) of the plaintiff no.1 were studying in Free Progress Academy Centre No.2 situated at Konthoujam Village, Imphal West, its Principal, defendant no.3 and also the Treasurer, defendant no.4, approached plaintiff no.1 and requested him to get his daughter and son admitted in the Free Progress Academy Centre No.1, Hura, District Purulia in West Bengal, (defendant no.1), established by its Director, the defendant no.2. When the plaintiff no.1 has consented to the said proposal, the daughter and a son (plaintiff nos.2 & 3) were admitted in the school in August 1999. Subsequently, in December, 1999, they also got plaintiff no.4 admitted in that school. The plaintiff no.2 was admitted in Class-IX whereas plaintiff no.3 was admitted in Class-VI and the plaintiff no.4 was admitted in Class-IV.
3. The plaintiff no.1 allowed his sons and daughter to be taken to outside Manipur as he considered that they will be imparted with quality education and as such they will be acquiring good knowledge. At the time of admission, the plaintiffs paid admission fee and hostel as well as mess charges in advance for three months. Thereafter also they paid fees and charges. Further case is that the plaintiff no.2 passed Class-xth examination conducted by Central Board of Secondary Education being a student of Panisheola Indira Smriti Vidyapith, District- Hooghly, West Bengal and got admitted in Class-XI (Science) at Kanan Devi Memorial Senior Secondary School, Pangei, Manipur. Likewise, plaintiff no.3 passed Class-Xth examination from the said Board in the year 2002 being a student of Satyanarayan Academy Ramkrishna Nagar, District Bankura, West Bengal and was admitted to Ghaziabad Public School, Ghaziabad, UP in Class-XI (Science). So far as plaintiff no.4 is concerned, he left the school(defendant no.1) in the month of May, 2002. Thereupon when transfer certificate was asked to be issued, it was issued by defendant no.3 in the capacity of Principal of the Free Progress Academy Centre No.2, Konthoujam Village but not by the school (defendant no.1) where the plaintiff no.4 was studying.
4. Further case is that only after the transfer/reading certificate was issued, the plaintiff on making inquiry came to know that the school (defendant no.1) had never been registered or recognized and thereby it had never been a status of any school/institution for giving education to students. Rather, it was meant for imparting private tuition to the inmates by giving boarding and fooding facilities whereof the defendants charged tuition fee and also other charges for the hostel and food exorbitantly and as a result of which the plaintiff had to spend Rs.2.00 lakhs. It is also the case of the plaintiffs that the defendants after admitting the plaintiff nos. 2,3 & 4 sent them without the knowledge of plaintiff no.1 and also the other students to another school. Still the defendants claimed that they are the students of their school and went on charging the fees and thereby the defendants in that manner cheated the plaintiffs.
5. In the context of the aforesaid facts, it has been pleaded by the plaintiff no.1 that he suffered mental agony on account of being ashamed before relatives and persons of locality for not getting his sons and the daughter admitted in a recognized/registered school as the school (defendant no.1), though being called as a
