NURSERY TEACHERS TRAINING INSTITUTE vs JAGDISH LAL

THE appellant institute runs nursery teacher training course. Vide impugned order dated 8.3.2001 it has been directed to refund a sum of Rs. 5,300/- and pay interest @ 12% if it is not made within 60 days against the deposit of Rs. 11,100/- towards the admission of the respondent''s daughter. Feeling aggrieved he has preferred this appeal.

IT is a peculiar case inasmuch as the respondent''s daughter could not continue with the course and attended the same only for short duration of 6 days and on 31.8.1999 the respondent requested the appellant to cancel the admission and refund the amount after deduction of one month''s current fee. IT appears that the appellant is assailing the order on the principle that if every student starts leaving the institute in between and claiming the refund of the proportionate fees for the period he or she did not attend the course the appellant institute would be left high and dry and closed down. The appellant has relied upon a sort of in-house communication that no fees once accepted or money will be refunded if the candidate does not withdraw her/his name in time and after joining the institute the fees can be paid on 25.7.1992 to 29.7.1992 failing which the name of the candidate will be cancelled. Though the amount of Rs. 2,000/- was charged by the appellant towards building fund yet the same was not allowed by the District Forum on the ground that this fund was payable to the Child Education Society and, therefore, is not payable to the respondent.

In view of inordinately short duration of the period the respondent''s daughter attended the course we do not feel inclined to interfere with the order as almost 50% of the fees deposited by the respondent has been ordered to be refunded. However, this will not be treated as precedence for others who leave the course in between, say after a month or so, as the appellant is supposed to pay to the teachers who are engaged for the entire duration of the course. However, the interest awarded by the District Forum to the respondent is hereby waived, as on such deposits the parties are not entitled to any interest. The amount shall be paid within one month.

THE appeal is partly allowed in the aforesaid terms. FDR/Bank Guarantee, if any, furnished by the appellant be returned forthwith. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal partly allowed.