ALPINE SCHOOL Vs. JAGDISH KAPOOR

JUDGEMENT

(1.) This appeal has been filed against order dated 2.5.2000 passed by District Consumer Disputes Redressal Forum, Panchkula in complaint case No. 84 of 1997. The contextual facts in brief are as under :

(2.) In the reply filed on behalf of OPs, the preliminary objection taken is that the present complaint is not maintainable, as educational institutions do not provide a service on hire and a student is not a consumer under the Consumer Protection Act. It is next averred by the OPs that the father of the complainant was fully aware of the rules of the school wherein it is laid down that fees and other charges are not refundable under any circumstances. The complainant No. 1 had very carefully read all the documents and signed them after obtaining verbal clarifications.

(3.) In the parawise reply, it is submitted by the appellants/respondents that the assertion of the complainant for having signed the blank voucher for preparing bank draft is totally wrong as the charges were deposited by the complainant No. 1 at the school counter, in cash. It is further averred that with reference to para No. 23 of the school prospectus in which it is clearly mentioned that the parents of newly admitted children will be allowed to meet their children only six weeks after the admission, so that the children settle down comfortably and the visiting rules are enforced very strictly. It is stated that the child was himself nervous and suffering from anxiety and the school is in no way responsible for that , as best care is always taken by the hostel/school staff to acclimatise the child in the new surroundings and to adjust him/her to the requirements of the community living in the school hostel. It is further averred that it is obvious that the withdrawal of the child from the school is no way due to any fault of the school but was at the parents own request. As per last paragraph of the registration/admission form (Annexure II) it is clearly stated that under no circumstances the parents will apply for refund for any fees deposited with school irrespective of whether the child had remained with the school for full terms or left the school in mid-session for whatever reasons, such as withdrawal for personal reason of parents or expulsion from school on account of ill health or unsatisfactory performance or even for undisclosed reasons, as per decision of the school authorities. The agreements signed by the father of the complainant (Annexurers VI and VII) which explain all the aspects of the admission including the non-refund of fee/charges. The relevant para No. 4 of the School Agreement states as under :