VIJAY BAHADUR SINGH SOLANKI Vs. ANKIT

JUDGEMENT

(1.) Shri Vijay Bahadur Singh Solanki, Manager of Vandana Higher Secondary School, Gujaini, Kanpur City has filed this set of two revision petitions, being Revision Petition Nos.4174 of 2009 and 4175 of 2009. In both these revision petitions, he seeks to assail a common order dated 27.08.2009 passed by the U. P. State Consumer Disputes Redressal Commission, Lucknow (State Commission for short), vide which his two appeals against the order dated 5th December, 2008 of the District Consumer Disputes Redressal Forum, Kanpur City (District Forum for short) allowing the complaints of two sets of complainants, have been dismissed.

(2.) Facts of the case are that the respondents-complainants took admission in the petitioner's school in the 11th class during the academic year 2006-07 on payment of Rs.500/- per student as admission fee, Rs.150/- per month as the school fee for twelve months, Rs.200/- per student for the conduct of half yearly and annual examinations and Rs.500/- per student for appearance in the competitive examination of Science stream. It is also alleged that they paid Rs.600/- per student as tuition fee for eight months. All of them cleared and passed the school examinations for the 11th class and were sent up for studies into the 12th class during the academic session 2007-08. Tuition fee @ Rs.150/- per month was charged from them and entry in this regard was made in the fees card issued to the students. It is also alleged that Rs.150/- per subject per month for Physics, Chemistry, English and Mathematics, totaling to Rs.600/- for the four subjects, were also charged from them for the tutor. In addition, Rs.750/- per student for the conduct of practical examination and Rs.1500/- per student for the 12th class examinations to be conducted by the Secondary Education Board were charged from each one of them. However, when the time came for their appearing for the board examinations, the petitioner's school failed to hand over the admission ticket for the examinations, firstly asking them to come on the 3rd of March, 2008 and later telling them that the cards have not been received from the Board authorities and yet later telling them that the cards would be distributed at Gian Manjusi Inter Collete, which is the center for their examinations. When they reached the Gian Manjusi Inter College, the petitioner's school again failed to provide the admission cards, which resulted in utter frustration by the complainants, as they could not appear for the board examinations. The matter was reported to the school authorities as also the District Inspector of Schools but of no avail.

(3.) It was in this background that a consumer complaint was filed seeking refund of Rs.60,000/- per student and in addition, the other expenditure incurred by them during the course of a period of two years, which they spent in pursuing their studies with the petitioner's school. The District Forum issued notice to the opposite party, the present petitioner, but did not have the advantage to hear their say and, therefore, proceeded ex-parte against the school. The District Forum on the basis of evidence adduced by the complainants passed the following order :-