Terming the act of KBDAV School, Sector 7, Chandigarh, unjustified in retaining the total fees of a student who had decided not to pursue his studies at the institute, UT district consumer disputes reprisal forum directed it to refund the admission fee after deducting administrative charges and processing charges.
The forum observed, “In our opinion, educational schools or institutions cannot be permitted to behave like business establishments that work with a profit motive. The respondent school is an education institution/school and cannot act like a commercial establishment and there is no justification on the part of the respondent in retaining the substantial fees paid by a student, who decides not to pursue his/her studies in the said school/institution.”
Complainant Ainesh Chandra, who had field an application through his father Arun Chandra, a resident of Nayagaon, alleged that he took admission in Class VI in the school for the session 2010-11 and deposited admission fee of Rs 15,900 on February 17 this year.
He was told that classes would start on April 7. He also appeared in the test for admission at St John?s School, Sector 26, Chandigarh, on February 27, 2010, the result of which was declared on March 25 and he was successful.
After considering his options, he decided to take admission in St John?s School and deposited a fee of Rs 11,135. Thereafter, he surrendered the seat in the respondent school before the start of the classes and sought a refund. He contacted DAV a number of times and on May 12, they handed over a cheque for Rs 3,000 against the deposit of Rs 15,900.
In their written reply, the respondent stated that the deposit of fee was towards admission and tuition fee for three months, which was non-refundable in view of rules mentioned on page 30 of the school diary.
Further, the rules regarding non-refund of fees and other charges were duly displayed on the notice board, which were never challenged by the complainant.
It was pleaded by the respondent that caution money of Rs 3,000 was refunded to the complainant after making deductions according to school rules.
The consumer forum stated that in its view, the respondents could deduct some amount towards processing fee and administrative charges and the balance amount should be refunded.
“Therefore, we are of the view that the respondent was unjustified in its act by retaining the total fees of Rs 15,900 of the complainant. The respondents should have, at the most, deducted a sum of Rs 1,000 only, towards processing fee and administrative charges, which they have incurred at the time of admission of the complainant,” the forum stated.
The forum directed the respondent to refund Rs 11,900 (after deducting Rs 1,000 as service/processing/administrative charges and Rs 3000 which has already been refunded to the complainant) along with litigation costs of Rs 5,500.
Read more: School gets rap for retaining fee – The Times of India http://timesofindia.indiatimes.com/city/chandigarh/School-gets-rap-for-retaining-fee/articleshow/7007065.cms#ixzz16syjAPlI