- (1.) THE complainants are the appellants herein. The complainants have laid the complaint pleading as follows: the second complainant is the son of the first complainant. The first complainant admitted his son, the second complainant, in the course run by the opposite party known as Hotel Management Course. A sum of Rs.30,000/ - was paid as Registration Fees at the time of admission along with a sum of Rs.27,000/ - as term fees and Rs.7,000/ - as uniform fees and Rs.250/ - as fine, totalling Rs.73,500/ -. The complainant thereafter paid another sum of Rs.57,000/ - on 29.12.1997 for the second term. The 1st complainant's son, the second complainant, had to enter on medical leave before paying the amount and, therefore, he could not attend the college even for a day during the second term commencing from January, 1998. The first complainant's son had to thus discontinue his studies. The local guardian of the second complainant wrote several letters to the opposite party requesting for the refund of Rs.57,000/ - paid in advance for the second term. On 2.3.1998 the 1st complainant was shocked to receive a letter from the opposite party stating that he must pay the fees for all the three yeas, otherwise his certificate will not be returned. The 2nd complainant has given his original mark sheets of the 10th and 12th standard as well as the conduct certificate and transfer certificate issued by the school at the time of admission in the opposite party. The opposite party is now refusing to return the certificates stating that unless the amounts are paid, the certificate will not be returned. The original certificates are necessary for the second complainant to pursue his studies in any other institution of his choice as advised by the doctor. On account of the complainant's inability to get back the original certificates, the complainants are put to much mental hardship. The complainants issued a legal notice to the opposite party. Instead of complying with the same, the opposite party replied claiming Rs.1 lakh as a condition precedent for giving the certificates. The opposite party had failed to render service. They have acted in a negligent manner and their conduct is unbecoming of an institution and amounts to unfair trade practice. Therefore, the complaint was laid.
(2.) THE opposite party contended that even at the time of admission it had been stated clearly that fees once paid cannot be refunded under any circumstances and in case of any discontinuance. The application has been duly signed by the student as well as the parent/guardian. The registration fee of Rs.30,000/ - has been remitted by the student and in turn the opposite party remitted the entire registration fees of Rs.1,68,000/ - for and on behalf of the student for the various diplomas and degrees. The amount is collected from the student in instalments over a period of three years. The allegation that the second complainant had to enter on medical leave is not admitted. The complainants having specifically agreed to pay the complete fees prescribed for the rest of the period till the third years in the event of discontinuance, have no right to insist return of the amount paid. It is true that a letter was written on 2.3.1998 demanding the entire fees for three years and the said demand is legal and valid. The complainants are under obligations to pay the entire fees. The complainants are estopped from demanding the return of the amount paid. The complainants were directed to go over to the office of the opposite party before returning the certificates. The opposite party never refused to return the original marks sheets of 10th and 12th standard, conduct certificate and transfer certificate. When a student discontinues, the seat goes vacant for the remaining year resulting in financial loss of more than Rs.5 lakh to the opposite party. Though the opposite party was well within right to refuse to return the certificates, however, took a lenient and sympatheic consideration and offered to return the same if the student remits the balance of Rs.1 lakh. The other allegations in the complaint are denied.
(3.) THE lower Forum dismissed the complaint without costs stating that the Forum has no jurisdiction. Hence, the present appeal. The complainant was admitted in the college run by the opposite party in Hotel Management Courts. It is not disputed that he paid a sum of Rs.73,500/ - at the time of admission. The breakup of the same being Rs.30,000/ - towards registration fees, Rs.27,000/ - as term fees, Rs.7,000/ - as uniform fees and Rs.250/ - as fine and thus totalling to Rs.73,500/ -. Further for the second term, Rs.57,000/ - were paid by the complainants on 29.12.1997. Of Rs.57,000/ -, Rs.30,000/ - represented the registration fees and Rs.27,000/ - towards the term fees. The complainant was unable to pursue the studies, which, according to the second complainant, is on account of his ill -health. The complainants, therefore, while informing about the inability of the student to continue, have asked for only the return of Rs.57,000/ - paid as fees in advance for the second term. It is not disputed that the second complainant did not even attend a day the course during the second term. It is also not disputed that at the time of admission, the original certificates such as 10th, 12th marks sheets, conduct certificate and transfer certificates, were handed over by the second complainant to the opposite party and are being retained by them. In such circumstances, the first complainant issued a notice through his lawyer on 4.9.1998 stating that as the second complainant could not pursue his studies owing to his health problem and had not attended even for a day during the second term, they have requested the opposite party to return the sum of Rs.57,000/ - paid for the second term and also return of all the original certificates. The opposite party has replied stating that the complainants have to remit the balance of Rs.1 lakh and only on receipt of Rs.1 lakh, the certificates can be collected. Ex. A is the brochure or the prospectus issued by the opposite party. It is stated that the college is approved by All India Council for Technical Education, a statutory body of the Government of India. It also mentions the structure of course. It refers to the nature of education and training and the admission procedure. It further says that the fees indicated in the enclosure have to be paid on or before the due dates failing which the students will not be permitted to attend the class and fees once paid will not be refunded and that the Management reserves the right to modify the fees structure without prior intimation. The opposite party, therefore, relying upon this would submit that the fees once paid cannot be refunded. The fees structure mentions about the nature of the fees to be paid. It also says that if the fees is not paid on 31st of May, 31st of October and 31st of December, fine of Rs.250/ - per day delay is imposed and fee could be paid with fine within 15 days thereafter. On the 16th day, it is assumed that the student has discontinued the course without intimation. It also provides that the students who wish to discontinue the course or who are dismissed on disciplinary grounds have to pay the complete fee prescribed for the rest of the period till the third year of the course.;