Education is not a commodity; fee to be refunded if student quits: Court to school

News Network
November 9, 2017

Bengaluru, Nov 9: “Education is not a commodity but a pious service rendered to humanity," a city consumer court told a Bengaluru school, asking it to pay Rs 51,000 to a parent who had pulled his daughter out of the school's kindergarten after paying an admission fee of Rs 55,000.

It all began after Brookefield resident Thejas John Philipose decided to withdraw a kindergarten admission he had secured for his daughter at Euro School Foundation, Whitefield, by paying an admission fee of Rs 55,000 on Nov 7, 2015.

Stating that he was transferred on work to Kerala and was relocating, Philipose cancelled the admission for academic year 2016 in March itself and demanded a refund of the fee paid. The authorities, however, refused to refund the so-called `non-refundable' admission fee.

A helpless Philipose approached the Bengaluru Rural and Urban 1st Additional District Consumer Disputes Redressal Forum on April 29, 2016 with a complaint against the school authorities.

The court heard arguments from the parent and the education institution represented by its principal. While Philipose demanded a refund, alleging un fair trade practices by the school, the Euro School representative averred that Philipose had signed a declaration, stating that 'fees once paid will not be refunded' before seeking admission for his daughter and that the clause was clearly mentioned in the school admission brochure. The litigation lasted nearly 18 months, at the end of which the court came down heavily on Euro School Foundation.

It asserted that a school brochure and its conditions can't be treated as an agreement or a contract for the admission of a child. "Education is not something one should sell in the open market, whereas providing it is a pious service rendered to humanity," the court said.

It added that a child's school admission is not a business transaction and thus a signature on a declaration of `non-refundable fee' doesn't hold value, especially in a situation where a parent has sought refund well in advance before the commencement of the academic year. In Philipose's case, the refund was requested in March 2016 while KG classes were scheduled to commence only in June.

The court ordered Euro School Foundation to refund Rs 50,000 from the admission fee paid after deducting a sum of Rs 5,000 towards school administration charges. The school was further asked to pay the parent Rs 1,000 towards litigation charges.

Comments

Rahul
 - 
Thursday, 9 Nov 2017

Medical students courses are much expensive so they have to take back from others.

AK Shetty
 - 
Thursday, 9 Nov 2017

True. But other students (Medical) should consider they are doing service. They are taking much more money from patients

Suresh Kumar
 - 
Thursday, 9 Nov 2017

Wise words - “Education is not a commodity but a pious service rendered to humanity,"

Hari
 - 
Thursday, 9 Nov 2017

Many colleges in Karnataka still not refunding to students

Kumar
 - 
Thursday, 9 Nov 2017

True.We welcome this decision

Ganesh
 - 
Thursday, 9 Nov 2017

Most wanted judgement

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News Network
January 18,2020

Bengaluru, Jan 18: Amidst the ongoing probe into the multi-billion IMA ponzi scam, another similar scam has come to light in the city wherein around 2500 depositors, most of them Muslims, are fearing that them may lose Rs 350 crore.

Shockingly, Shafiullah, Rafiullah, and Zabiullah, three brothers who run the Baraka Investment Consultant Private Limited, have accused the police of taking over 10 crore rupees bribe from them.

The depositors say that when they recently demanded their investments back from the accused the trio, they allegedly told them that they had paid the Central Crime Branch (CCB) and the RT Nagar police over 10 crores and they could collect that money from the police.

The aggrieved investors alleges that the RT Nagar police have charge-sheeted the three accused only on the complaints of 13 affected depositors who lost precisely Rs 97 lakh and the case is being probed under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 instead of Karnataka Protection of Interest of Depositors in Financial Institutions Act, 2004 (KPID Act) or the Banning of Unregulated Deposit Schemes Ordinance, 2019 (BUDS) Ordinance.

Aggrieved victims alleged that when the Baraka Investment Consultants had a Registration Certificate of Establishments from Department of Labour issued on November 28, 2017. The CCB took up a suo-motu case against Tellnet Computers on August 16, 2018, after they received complaints from Baraka investors.

Apparently, the CCB knew that Baraka Investment Consultants and Tellnet Computers was one and the same and operating from the same office, but they did not mention the name of Baraka in the case initially for reasons best known to them, said the victims of the Ponzi scheme. A few victims who wished to remain anonymous told BM that a CCB police inspector and one of the accused, Zabiullah, were childhood friends, neighbours and both hailed from Chikkaballapur. This is one of the reasons, they allege, the inspector has protected the accused by downplaying the scam.

The case registered by the CCB states that there are only 500 to 600 depositors who deposited amounts between Rs 50,000 to Rs 1 lakh expecting returns ranging from Rs 5000 to Rs 7000 a month, but in reality there are more than 2500 investors who have deposited amounts ranging from Rs 50,000 to Rs 50 lakh, expecting returns between 12% to 24%, said the victims. Despite this, the CCB was sitting on the case and making no investigations, the victims alleged.

It was later on in May 9, 2019, an FIR was registered by the RT Nagar police when many victims approached the police commissioner and petitioned him. “Even in this case, the accused Zabiullah was not arrested. Zabiullah’s two brothers, Shafiullah and Rafiullah, and his father Abdul Rahman were arrested, but were later granted conditional bails,” one of the victims Mohammed Yahya (42), a software engineer said.

Yahya had invested Rs 10 lakh with Baraka. “Though this case has been charge-sheeted, the police have not made any recoveries or they have not confiscated any properties of the accused,” alleged victim Habibur Rehman (42) who had invested Rs 5 lakh in Baraka. “There is clear-cut evidence that the accused was dealing in foreign exchange using the investors’ money without their knowledge and was offshoring and parking crores and crores in countries like Russia, Dubai, Malaysia, and Singapore. Though the police knew about this, they did nothing to stop it or bring it back,” said Azgar Pasha (44), a businessman who had invested Rs 41 lakh.

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News Network
July 12,2020

Tumakuru, Jul 12: A four-year-old boy was killed by a leopard at Rajendrapur hamlet at Hasige Hobli village near Huliyurdurga in Kunigal taluk.

Police said on Sunday that this was the third such attack by big cats in the district in a span of six months.

Forest officials said that the boy had gone with his mother to wash clothes at a tank and the animal attacked him while playing there on Saturday late evening. 

A passerby who witnessed the incident scared the animal, it escaped leaving the boy’s body behind.

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News Network
February 10,2020

Mangaluru, Feb 10: Life of a 40–year-old man, who suffered a massive cardiac arrest, was saved by an ambulance driver who covered 80-km distance between Dharmasthala and Mangaluru in just 40 minutes.

The patient, a Chikkaballapur native sustained a heart attack near Sakleshpur on Saturday while he was on his way to Dharmasthala. He was provided preliminary treatment at a private hospital in Ujire, where doctors advised his relatives to shift him to a hospital in Mangaluru immediately.

The patient’s condition was critical and the odds were completely against him. Moreover owing to the ongoing double lane project work, the road too had been dugout. Despite all this, ambulance driver Hameed drove at a fast pace and managed to take the patient to the hospital within 40 minutes.

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