GANGA HIGHER SECONDARY SCHOOL Vs. C NITHYA MINOR

JUDGEMENT

(1.) The opposite party in O. P. No.97/2002 on the file of the District Consumer Disputes Redressal Forum, Erode, is the appellant herein. The case of the complainant was as follows: (a) She joined the opposite party school after paying a total sum of Rs.18,300 - Rs.10,000 on 19.6.2001 at the time of submitting the application, Rs.2,000 on 5.7.2001 as caution deposit, Rs.4,400 (out of fees Rs.2,900 and exam fees Rs.1,500) on 5.7.2001 and establishment charges of Rs.1,900. The food provided in the hostel was not of good quality. She fell ill and could not continue her studies by staying in the hostel. She, therefore, had to quit the school. She took treatment from one Dr. N. K. Arul Jothi. All the amounts due to the hostel were also paid by the complainant in full at the beginning itself. Within 10 days of getting admitted the complainant informed the opposite party that the hostel food did not suit her and demanded the return of the fees paid by her while quitting the residential school. The opposite party delayed the repayment of the amounts stating that the School Board had to be consulted. He also delayed the issuance of transfer certificate to facilitate her to join another School. The opposite party issued the transfer certificate to the complainant only on 25.2.2002 even though the complainant had left the school on 24.7.2001. He had purposely refused to receive the application for issuance of transfer certificate and finally received it on 11.2.2002 and issued the transfer certificate on 25.2.2002. Therefore, she lost the chance to join another school and in the process lost one academic year. She caused a legal notice to be issued to the opposite party for refund. Since there was no response, the complaint came to be filed for refund of Rs.18,300 with interest @ 18%, Rs.10,000 as compensation for the illness due to poor quality of food provided in the hostel and Rs.50,000 as compensation for loss of one academic year due to delay in issuing transfer certificate and for cost in a sum of Rs.1,000.

(2.) The opposite party resisted the complaint stating that the complainant left the school without any reason and had absented herself from 3.8.2001. Because of her long absence, her name was removed from the attendance register on 29.9.2001. On 11.2.2002 her father applied for transfer certificate. It was issued on his next call on 25.2.2002. As per the prospectus issued by the opposite party, institution transfer certificate in between the academic year could be had only on payment of entire term fees and it was made clear that the caution deposit of Rs.2,000 would not be refunded to those who left the school in between.

(3.) Before the District Forum, on the side of the complainant, Exs. A1 to A8 were marked while on the side of the opposite party Exs. B1 to B10 were marked.