This story is from April 9, 2013

Student leaves, school told to refund part of fee

A district consumer court has ordered an international school to refund part of the fee it had collected from a student who later shifted to another school.
Student leaves, school told to refund part of fee

BANGALORE: A district consumer court has ordered an international school to refund part of the fee it had collected from a student who later shifted to another school.
Directing the Royal Concorde International School, HRBR Layout, to refund Rs 20,000 of Rs 25,100 it had collected as first-term fees to the girl's parent along with 9% interest and Rs 2,000 costs, the 4{+t}{+h} District Consumer Redressal Forum observed that educational institutions cannot be allowed to enrich themselves at the cost of fee paid by students.
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Shivaraman H, a resident of Kasturi Nagar, had moved the forum in July 2012 after the school refused to return the Rs 25,000 paid as part of the annual fee of his daughter, a class XI student. She had also applied at two branches of Kendriya Vidyalaya, which had not yet begun admissions. Kendriya Vidyalayas give first preference to children of central government employees, SC/STs and the single girl child. The girl later managed to secure admission in Kendriya Vidyalaya, DRDO, which charges less fee.
The court observed that the school's decision was an unfair trade practice.
Pointing out that parents will aspire to provide good education to their children even if it entails taking risk, the forum said: "Middle-class and poor parents will raise loans paying exorbitant interest. So, under the circumstances, if parents face problems like the present case, it is proper on the part of the educational institution to relax the rules and refund the amount to the parents by deducting a nominal sum towards administrative charges. But, instead of doing so, the opposite party (the school) made drastic rules not to refund any amount."

The bench of forum president J N Havanur and member A Muniyappa said: "When the school issues a transfer certificate to the complainant's daughter for joining another school, it is their duty to refund the amount to complainant as the school did not give education completely to the complainant's daughter during that particular year. If the school is allowed to retain the amount as per its rules, it is nothing but allowing the school to enrich itself at the cost of the complainant, and it amounts to unfair trade practice in the educational institution."
Father's case
Shivaraman admitted his daughter in class XI of Royal Concorde International School, a CBSE affiliate, by paying first-term fees of Rs 25,100 on April 14, 2012. His daughter attended school for 12 days till June 20, 2012. In the meantime, she got admission in Kendriya Vidyalaya, DRDO, on June 19, 2012. He sought a transfer certificate from the international school stating that KV is a good school following a similar syllabus at less fees. The school declined to refund fees citing its rules. Shivaraman agreed to receive a partial refund which, too, was rejected by the school.
School's defence
The school argued that it never objected to the complainant sending his daughter for education and it was always ready to provide service for the fee taken from the parent. The said fact was well within the knowledge of the complainant himself and he himself had undertaken not to ask for refund or transfer of fees. The complainant had requested the school for refund of fees of his daughter, but by then admissions were over for the academic year, and there was no chance for the school to take a new admission in place of the girl. Stating that it had provided a seat for the daughter of the complainant and the same could be seen through the attendance register, the school demanded the complaint be dismissed in the interest of justice.
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About the Author
Hetal Vyas

Hetal Vyas has been covering legal news since 2005 and joined The Times of India in September 2010. She is currently Principal Correspondent, Legal, and covers the Bombay High Court for the Metro team.

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