Tribunals and Commissions(1997) 10 NCDRC CK 0025

MOHIT SOOD vs MANAGING COMMITTEE, BLOOM MODEL HIGH SCHOOL

National Consumer Disputes Redressal Commission · Decided on 14 October 1997 · Citation: 1998 1 CLT 70 : 1998 1 CPC 161 : 1998 1 CPJ 237

HON’BLE JUDGES
J.B.Garg , Sada Nand , P.Ojha J.
RESULT
Complaint dismissed

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Judgment

3 paragraphs · 422 words
1.

MOHIT Sood, Vishali and Chandan Wahi, three students residing in Chandigarh were admitted in the School known as Bloom Model High School, Sector 21-A, Chandigarh. They were expecting that they shall be allowed to take Central Board of Secondary Education Examination for 1995- 96. Since me School could not secure affiliation the loss claimed by the three claimants in para 10 of complaint is briefly reproduced as under : Rs.

2.

THE written reply of the respondents is that the matter relating to education and examination was not within the purview of this Commission. Besides this the complainants and their parents were well aware about want of actual affiliation and that the respondents made their best efforts in Punjab & Haryana High Court and in the Supreme Court of India but they could not succeed. THE respondent had been imparting best education and they rendered services of education in lieu of the fees paid on behalf of the complainant. THE respondent also spent a sum of Rs. 23,300/- out of their own funds as late fee for the examination in the interest of students and their parents. The original dispute relating to the unrecognised Schools of Chandigarh came before the Punjab & Haryana High Court in C.W.P. No. 3290 of 1996. The observations made by the Division Bench in the aforesaid judgment placed on record by the complainants themselves are reproduced as under : "To our mind the Schools failed in the earlier litigation and to save their own skin, put forward the students under the garb of compassionate plea taken in the present writ petitions. The petitioners are equally guilty. They and their parents had full knowledge about the disaffiliation of the Schools since 1990-91, but still they preferred to continue the studies in those Schools and now at this stage they cannot be allowed to say that they may be permitted to take the examination of the Board to be held in the month of March, 1996. The petitioners must suffer. They had concealed the material facts. It is not believable that the petitioners or their parents were not aware about the litigation in which the Management of the Schools had lost".

They would go to show that the complainants were receiving education at their own risk in a School which they and their parents knew was not affiliated. There appears to be no justification for awarding any compensation or refund to the complainants. The conclusion is that this complaint fails and it is hereby dismissed. Complaint dismissed. ______________