LAWS(NCD)-2015-2-178

EUROKIDS INTERNATIONAL PRE-PRIMARY SCHOOL Vs. WENDY FERNANDES

Decided On February 10, 2015
Eurokids International Pre-Primary School Appellant
V/S
Wendy Fernandes Respondents

JUDGEMENT

(1.) The complainant got her autistic child aged about four years admitted in Junior K.G. class of Eurokids International Pre-School in the Academic year 2012-2013, A sum of Rs. 20,800 was paid by her towards admission fee, registration, half yearly fee, cost of books, cost of uniform, etc. However, the child was withdrawn from the school after twenty days and the complainant sought refund of the proportionate fee etc., paid by her. She also claimed that the school had not issued any books or uniform to the child. The complaint was opposed by the petitioner, inter alia on the ground that the provisions of the Consumer Protection Act are not applicable and as per the rules of the school, the parents have to pay half yearly fee which includes registration, kit, term fee, uniform, tuition fee, etc., and the said fee is not refundable even if the child is later withdrawn from the school.

(2.) Vide its order dated 1.9.2014, the District Forum directed the petitioner to refund a sum of Rs. 15,000 to the complainant, along with interest on that amount @ 10% per annum, besides compensation amounting to Rs. 10,000 and cost of litigation amounting to Rs. 5,000.

(3.) Being aggrieved from the order of the District Forum, the petitioner approached the concerned State Commission by way of an appeal. Vide impugned order dated 28.10.2014, the State Commission dismissed the appeal with costs assessed at Rs. 2,000. The petitioner is now before this Commission challenging the orders passed by the Fora below.