BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

DATED THIS THE 28^TH DAY OF OCTOBER 2022

PRESENT

SRI. RAVISHANKAR                          : JUDICIAL MEMBER

SMT. SUNITA C. BAGEWADI              : MEMBER

Appeal No. 2426/2017

O R D E R

BY SMT. SUNITA C. BAGEWADI, MEMBER

The OP preferred this appeal against the order dated 21.07.2017 passed in C.C.No.634/2016 on the file III Additional District Consumer Disputes Redressal Forum, Bangalore.

2. The brief facts of the case are that on 19.09.2015, the complainant sought for admission of his 3 years 5 months old child Chi. Aryan V.N. in nursery with the OP institution which is to be commenced from June 2016.  The OP collected the sum of Rs.91,450/- from the complainant i.e., Rs.60,000/- by way of cheque bearing No.231293 dated 24.09.2015 towards induction fee and another sum of Rs.31,450/- by way of cheque bearing No.231292 towards first term fees.  While it is so, much earlier to the commencement of the Academic Year which is to be commenced from June 2016, in view of the unavoidable circumstances that would cause hardship and inconvenience to the child, the complainant has been forced to seek from the OP for cancellation of the admission of the child in their institution and for refund of entire fee paid.  Thereafter, on 2^nd February 2016, the complainant addressed the letter to the OP for cancellation of admission of his child and requested to refund the entire fee of Rs.91,450/-.  Even though the OP received the said letter from the complainant refused to acknowledge the receipt of the same by insisting to send the said letter by way of e-mail.  Therefore, the complainant has sent the same letter with receipts attached by way of email to the OP.  Thereafter, on receipt of several emails and requests made by the complainant, the OP was only obliged to refund the sum of Rs.31,450/- to the complainant by way of cheque bearing No.895219 dated 08.02.2016 drawn on Axis Bank, J.P. Nagar, Bangalore which was only after a lapse of 35 days.  But the OP did not inclined to refund the balance fee of Rs.60,000/- to the complainant.  Finally on 07.04.2016, the OP called the complainant through their Principal and conveyed their total refusal to refund the fee due of Rs.60,000/- to the complainant.  The OP has unreasonably and illegally withheld the refund of the fee of Rs.60,000/-.  Hence, the complaint.
3. On issuance of notice, OP appeared through their counsel and filed their version and pleaded that the complaint is not maintainable either on law or on facts.  At the time of admission Master Aryan V.N., the complainant had been issued an induction fee receipt vide No.7929 dated 24.09.2015 for Rs.60,000/- “non-refundable”.  The fee receipt specifically and irrevocably states that the amount paid under the receipt as induction fee is non-refundable, which the complainant was fully aware of and had consented at that time of admission formalities.  The fee was paid by the complainant on his own accord willingly on behalf of his ward with the prime intention of seeking admission to the Pre-KG in the OP school and received the non-refundable induction fee receipt.  Further it is submitted that considering the fact that the ward had not attended a single day during the academic session 2016-17, the OP taking into consideration genuine hardship encountered by the complainant vide his email dated 02.02.2016 due to shifting of residence to Kerala have refunded the entire amount of Rs.31,450/- which was paid towards term 1^st fees for the academic year 2016.  Thus, there is no deficiency