State Consumer Disputes Redressal Commission
Ebenezer Higher Sec.School vs / Ashwini K Sharma on 22 August, 2015
M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)
FIRST APPEAL No. 1975 /2013.
DECIDED ON : 22.8.2015.
Secretary / Principal,
Ebenezer Higher Secondary School,
Bhagat Singh Nagar,
Airport Road, Gwalior (M.P.).
....APPELLANT.
VERSUS
Ashwini Kumar Sharma,
s/o late Shri Prabhudayal Sharma,
R/o through Parmveer Sood,
Bungalow of Babu Mathuraprasad,
In front of Arya Nagar,
Baradari Morar, Gwalior (M.P.).
....RESPONDENTS.
BEFORE:
HON'BLE SHRI JUSTICE RAKESH SAKSENA, PRESIDENT
HON'BLE SMT. NEERJA SINGH, MEMBER
COUNSEL APPEARING FOR THE PARTIES :
SHRI S.S. SIKARWAR, LEARNED COUNSEL FOR APPELLANT.
SHRI S.P. SHARMA, LEARNED COUNSEL FOR RESPONDENT.
ORDER
The following order of the Commission was delivered by Rakesh Saksena, J. :
Appellant / opposite party has filed this appeal against the order dated 23.8.2013 passed by the District Forum, Gwalior in complaint case No.256/2013 whereby the complaint filed by the respondent has been allowed.
- 2-
2. In short, the facts of the case are that complainant got his daughter admitted in class -I of the opposite party's school on 12.7.2012 and deposited admission fees Rs.7300/-, development fees Rs.5000/-, uniform fees Rs.800/- and Rs.650/- for books. The opposite party gave no receipt in respect of Rs.5000/- the development fees. In the money receipts, Diaries and other reading material provided by the School Authorities, they had mentioned Ebenezer Higher Secondary School affiliated to CBSE New Delhi and he was also informed that the said school was affiliated to CBSE. But later on he found that the Ebenezer Primary School situated at 7th Cross, Morar, Gwalior, in which his daughter was admitted, was the junior school for classes 1st to 7th , recognized by the District Education Officer, Gwalior and not affiliated to CBSE. It was only Ebenezer Higher Secondary School, Bhagat Singh Nagar which was recognized by CBSE. Finding the discrepancy in the name of the school displayed on the board fixed at the gate of the school, in the record of the school and other material provided by the school, complainant enquired into the matter from School Authorities, but no satisfactory answer was given. The complainant then made complaint to Collector that appellant gave false impression that the Junior Primary School was also affiliated to CBSE. Beging dis-satisfied by the conduct of the appellant, complainant made a request to him for cancellation of his daughter's admission and refund of fees deposited by him. Since management of the school paid no heed to his request and insulted him, complainant approached to District Forum claiming refund of the fees and grant of compensation.
3. The appellant filed written version stating that he issued receipts and other material in the name of Ebenezer Higher Secondary School, Bhagat Singh Nagar, Gwalior due to printing mistake of the press. Since all the material was printed in the name of Ebenezer Higher Secondary School, Bhagat
- 3- Singh Nagar, such receipts and other material was issued to complainant. The appellant stated that he had informed to complainant that the Ebenezer Higher Secondary School, Bhagat Singh Nagar was affiliated to CBSE Board, New Delhi and Ebenezer Primary School situated at 7th Cross, Morar was affiliated to M.P. Board, Bhopal. But when complainant's daughter was successful in getting admission in Kendriya Vidhyalaya, the complainant sought cancellation of her admission and created issues and made complaint to Collector.
4. Learned Forum on the basis of record adduced in the Forum concluded that all the receipts and progress book etc. issued to complainant indicated that the school was affiliated to CBSE Board, New Delhi. In no document appellant revealed that Junior School was recognized with the M.P. Board only. This clearly indicated that appellant deliberately and intentionally created impression that the school in which the complainant's daughter was admitted was also affiliated to CBSE New Delhi. Learned Forum also relied upon the inquiry report conducted under the order of Collector, Gwalior wherein the appellant was found guilty of committing irregularities, and a direction was given to District Education Officer to lodge the first information report with the police against him.
5. Aggrieved by the order passed by the Forum, the opposite party / appellant has preferred this appeal.
6. Learned counsel for the appellant submitted that everything was in the knowledge of complainant. He knew that the Junior School was affiliated to M.P. Board only and the Higher Secondary School, Bhagat Singh Nagar was affiliated to CBSE New Delhi. Counsel, though, admitted that the receipts of the fees and other material given to complainant reflected that the -4- Ebenezer Primary School was affiliated to CBSE, New Delhi, but tried to explain that this was due to printing mistakes in the said documents. Learned counsel submitted that since complainant got his daughter admitted in Kendriya Vidhyalaya, he wanted to get her admission cancelled in the appellant's school and sought for refund of all the fees deposited by him. When, as per rules, the appellant refused to return the fees after admission, complainant with a view to blackmail and harass the appellant made complaint to Collector and also approached to Forum.
7. Learned counsel for the respondent / complainant submitted that the appellant indulged in unfair trade practice by creating impression in the minds of consumers that the Junior Ebenezer School was also affiliated to CBSE New Delhi. Nowhere opposite party disclosed that the Junior School was recognized by the District Education Officer, Gwalior. Appellant took no steps to rectify the mistake, as alleged by him, by publishing any new material for the information of consumers. Learned counsel submitted that the inquiry at the instance of Collector also revealed that the appellant indulged in unfair trade practice deliberately.
8. Having heard the learned counsel for the parties and perusing the material on record, we find that the appellant adduced no material to indicate that the Ebenezer Primary School, Morar was recognized by the District Education Officer, Gwalior only. All the documents placed on record clearly indicated that appellant issued receipts, diaries and other material to students of Junior School, Morar which created impression that this school was also affiliated to CBSE New Delhi. We are unable to accept the submission of the learned counsel for the appellant that it was just a printing mistake that all the documents expressed affiliation of both the schools to CBSE New Delhi. The -5- Collector, on inquiry also found that the appellant committed irregularities in the matter of affiliation of the Junior School at Morar.
9. Even on re-evaluation of the evidence adduced in the case we find that District Forum committed no error in holding that appellant committed serious misconduct and unfair trade practice. Forum rightly held that the complainant was entitled for refund of the fees deposited by him after cancellation of the admission of her daughter. The order passed by the Forum is therefore, affirmed and the appeal is dismissed.
(Justice Rakesh Saksena) (Smt. Neerja Singh)
PRESIDENT MEMBER
Phadke