K RAJENDRAN Vs. PRINCIPAL CSI EWART MATRICULATION

JUDGEMENT

(1.) THIS revision petition is against the order dated 12.10.2010 of the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (in short, 'the State Commission') in First Appeal No. 127 of 2007. By this order, the State Commission dismissed the appeal of the petitioner against the order dated 20.10.2005 of the District Consumer Disputes Redressal Forum, Chennai (North) (in short, 'the District Forum'). The District Forum had by its aforesaid order dismissed the complaint filed by the petitioner.

(2.) THE case of the petitioner (complainant before the District Forum) was that when he sought admission in early February 2001 to CSI Ewart Matriculation Higher Secondary School, Purasawalakkam, Chennai-84 for his second daughter, he was coerced to pay Rs.25,000/- towards the School's "New Auditorium Project (NAP)". In addition to the aforesaid amount, he was also required to pay Rs.5,220/- towards tuition fee and special fees, which included Rs.2,500/- towards Building Fund. He claimed that he sought to see the Principal of the school to seek clarification on two demands for payment for school building but was denied appointment. Thereafter, he wrote to the Principal and awaited clarification before paying the school fees. However, no clarification was received and by his letters dated 05.07.2001 and 18.07.2001 he requested refund of Rs.25,000/- that he had paid for admission of his daughter. In response, the School authorities replied through their Advocate that the complainant was not entitled to refund of the aforesaid Rs.25,000/- because he had paid it as a donation. He further alleged that as a result of these developments, his elder daughter, who was already studying in the same School, had to be withdrawn from the school and he had to incur additional expenditure. to get both his daughters admitted to another school. Alleging deficiency in service, he thus filed a complaint before the District Forum seeking refund of Rs.25,000/- along with interest @ 24% per annum from 07.02.2001 to 06.02.2003, Rs.2 lakh as compensation for mental agony, hardship etc. and Rs.5000/- as cost of the complaint.

(3.) THE complaint was contested by the School authorities mainly on the ground that the sum of Rs.25,000/- paid by the complainant was a voluntary donation towards the New Auditorium Project of the School and had nothing to do with the regular fees and special fees payable by a child on admission to the school. Since the payment of Rs.25,000/- was by way of donation, the School had informed the complainant through its Advocate that the amount could not be refunded though he did not pursue admission of his second daughter to the school, for which he had made this donation.