JUDGMENT
PER : Hon. Shri. Sameer S. Kamble, Member
1. The complainant filed a present complaint against the opposite party under section 12 of Consumer Protection Act, 1986 seeking refund of fees along with compensation and cost of the complaint.
2. Brief Facts of Complaint:
A. It is the case of the complainant that, along with his wife, he approached the Opposite Party, for admission of their daughter Ida Rohit Arora in play group for the academic year 2020-2021. The Opposite Party quoted fees of Rs.3,07,500/-. In order to secure the admission, the complainant has
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paid entire fees in advance as demanded by the opposite party. The complainant paid the fees in manner shown in following table;
| Sr. No. |
Date |
Amount in Rs. |
| 1. |
09.08.2019 |
1,50,000.00 |
| 2. |
08.11.2019 |
1,57,500.00 |
|
Total |
3,07,500.00 |
B. The complainant pleaded that, Opposite Party has directed to pay the fees through pay order in the name of Kookabura Education Pvt. Ltd. The school was supposed to open in June 2020, however, the complainant has paid entire fees prior to opening of school for the academic year 2020- 2021 4. The complainant pleaded that I paid the entire fees as demanded by the Opposite Party.
C. It is pleaded that, due to Covid-19 pandemic the pre-school/playgroup did not open for the academic year 2020-2021 for which entire fees are paid in advance. It is pleaded that the Opposite Party made a WhatsApp message and informed the complainant to collect the learning packet from the Opposite Party and to teach the child at home. Before taking the admission complainant had gone through the website of the Opposite Party www.kookaburra.co.in and further read its internal page
http://www.kookaburra.co.in/program.html The Opposite Party has described in its site "All the teaching techniques employed at KOOKABURRA are based on research. Every child is beautifully unique and we would like nothing more than to help them build on their strengths,
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as a result equipping them with the tools required to overcome their weaknesses too".
D. It is pleaded that on 27th November 2020 the opposite party sent whats app message for admission for academic year 2021-2022. The complainant by whatsapp message on 28 November 2020 requested for refund of fees as they had also financial difficulties and as his kid had not attended the physical school which is so necessary for children of this age. On 4th February 2020 complainant received whatsapp message from opposite party to send an undertaking stating the complainant require Kookaburra facilitators special help for his child social and emotional progress which they are unable to give at home and further stating that the parent will not held the school responsible for the covid issue. E. The complainant requested for refund of the amount of fees paid to the opposite party as the school/play group did not open. The complainant and his wife followed up with opposite party for getting refund but in vain and therefore complainant sent notice through his advocate dated 16/02/2021 requesting refund of school fees Rs.3,07,500/-, the opposite party through their advocate sent reply dt. 24/03/2021 stating that they were still in process of seeking instructions.
F. It is pleaded that, the opposite party insisted to get learning packets and no physical learning was given to child.
G. On admission and issuance of notice to the opposite parties, the opposite party did not appear and also failed to file its written statement. Therefore, this complaint proceeded ex parte against them.
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3. On perusal of pleadings, evidence and documents, we framed the following point of issues to arrive at proper conclusion.
| Sr. No. |
Point of Issues |
Remarks |
| a. |
Whether the complainant is a consumer? |
AFFIRMATIVE |
| a. |
Whether the complainant proved that the opposite party is guilty of deficiency in service and unfair trade practice? |
AFFIRMATIVE |
| b. |
What Order and Compensation? |
AS PER FINAL ORDER |
4. FINDINGS
As regards to point of issue no. a : - The complainant has produced a receipt for payment of school fees which clearly proves that the complainant has paid the school fees for admission of his daughter to opposite party school. Payment receipts issued by school is direct evidence with regard to hiring of services of the opposite party. Therefore we answer this point of issue in affirmative.
As regards to point of issue no. b : -
On perusal of receipts issued by the opposite party with regards to payment of school fees, it is proved that services of school were hired by the
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complainant for admission of the complainant's daughter in the playgroup section. It is also proved that, due to covid-19 pandemic started in March 2020 and due to lockdown the school was not started. Considering the age of the complainant's daughter and covid-19 pandemic situation in the entire country, as per guidelines issued by the then government there were restrictions put on movement of people. Providing a learning kit will not suffice the purpose of school. It is proved that the opposite party has failed to provide the school services to the complainant's daughter and that this fact is not denied by the opposite party, hence considered as admitted. Therefore the opposite party is guilty of deficiency of service.
The opposite party in its reply dt. 24/03/2021 to complainant's notice stated that, they are in process of seeking instructions, and that in learning kit complainant has received only toys, games and some pictures, which is insufficient to learn and teach small kids, therefore same is unlawful and proves unfair trade practice of the opposite party. Thus we answer this point of issue in affirmative.
As regards to point of issue no. c : -
It is proved that the opposite party is guilty of deficiency in service and unfair trade practice. The complainant without getting school services from the opposite party had to struggle to get a refund of fees paid, which proved mental agony to him as well as his daughter. The complainant has proved fees paid and not refunded back by the opposite party, therefore complainant proved his entitlement for refund of fees alongwith interest for opportunity loss. Further the complainant has provided mental agony and harassment, therefore the complainant also proved his entitlement for compensation and cost.
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In view of the above, we order as follows; since the entire pleading is in English language, therefore, we passed the order accordingly.
ORDER
1. The complaint is partly allowed.
2. The opposite party is held guilty of deficiency in service and unfair trade practice.
3. The opposite party shall pay to complainant Rs. 3,07,500/- alongwith interest @9% p.a. from the date of filing of complaint till the date of acutal and full realisation.
4. The opposite party shall pay to complainant Rs.1,00,000/- towards compensation for mental agony.
5. The opposite party shall pay to complainant Rs.10,000/- towards cost of this complaint.
6. The opposite party shall comply with this order within 60 days from the date of receipt of copy of this order.
7. Provide free certified copy of this order to both the parties. Date :- 01/09/2025
Place :- Bandra - Mumbai.
Sd/- Sd/-
(Sameer S. Kamble) (Samindara R. Surve)
Member President
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