NURSERY TEACHERS TRAINING INSTITUTE Vs. JAGDISH LAL

JUDGEMENT

(1.) The appellant institute runs nursery teacher training course. Vide impugned order dated 8.3.2001 it has been directed to refund a sum of Rs.5,300/- and pay interest @ 12% if it is not made within 60 days against the deposit of Rs.11,100/- towards the admission of the respondent's daughter. Feeling aggrieved he has preferred this appeal.

(2.) It is a peculiar case inasmuch as the respondent's daughter could not continue with the course and attended the same only for short duration of 6 days and on 31.8.1999 the respondent requested the appellant to cancel the admission and refund the amount after deduction of one month's current fee. It appears that the appellant is assailing the order on the principle that if every student starts leaving the institute in between and claiming the refund of the proportionate fees for the period he or she did not attend the course the appellant institute would be left high and dry and closed down.

(3.) The appellant has relied upon a sort of in-house communication that no fees once accepted or money will be refunded if the candidate does not withdraw her/his name in time and after joining the institute the fees can be paid on 25.7.1992 to 29.7.1992 failing which the name of the candidate will be cancelled. Though the amount of Rs.2,000/- was charged by the appellant towards building fund yet the same was not allowed by the District Forum on the ground that this fund was payable to the Child Education Society and, therefore, is not payable to the respondent.