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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coastaldigest.com web desk
June 9,2020

Kozhikode, Jun 9: Kerala Chief Minister Pinarayi Vijayan's daughter Veena T is all set to marry DYFI National President and CPM state committee member PA Muhammad Riyas on June 15. Interestingly, it's the second marriage for both. 

Veena, the elder daughter of Pinarayi Vijayan and Kamala Vijayan, is an IT entrepreneur based in Bengaluru.

According to sources, the marriage will be a simple function in Thiruvananthapuram where only close relatives will participate. The marriage registration has already been done. 

"It's only a private affair of two individuals," Riyas told media persons, reluctant to divulge more details. 

The 44-year-old Muhammad Riyas started his political career with the Students Federation of India (SFI) and climbed up the rungs through DYFI. He had unsuccessfully contested against UDF's M K Raghavan from Kozhikode parliament constituency in 2009. 

The son of retired IPS officer P M Abdul Khadar, Riyas is the familiar face of the left in primetime TV discussions, strongly articulating the CPM stance. 

A law graduate, he had begun at the grassroots level and gradually worked his way up the ladder. 

His marriage to Dr Sameeha Saithalavi, a former syndicate member of Calicut University, happened in 2002. The couple separated in 2015 and they have two sons aged 10 and 13. 

The 40-plus Veena is MD of the IT firm Exalogic Solutions since 2014. 

Prior to that, she was the CEO of RT Technosoft, a Thiruvananthapuram-based company owned by NRI industrialist Ravi Pillai. Before that, she had a six-year stint with Oracle. She has a son from her first marriage. 

"They both were divorced for more than five years. They knew each other and the marriage decision was taken by them only. It's completely a private affair," said a DYFI leader.

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Agencies
February 8,2020

Mumbai, Feb 8: Anil Ambani, the brother of Asia’s richest man has pleaded poverty in his dispute with three Chinese banks seeking $680 million in defaulted loans.

“The value of my investments has collapsed,” Anil Ambani said, according to a court filing by the banks in a London lawsuit.

“The current value of my shareholdings is down to approximately $82.4m and my net worth is zero after taking into account my liabilities. In summary, I do not hold any meaningful assets which can be liquidated for the purposes of these proceedings.”

The lawsuit was filed by three state-controlled Chinese banks which argue that they provided a loan of $925 million to Ambani’s Reliance Communications Ltd. in 2012 with the condition that he personally guarantee the debt. The comments were disclosed on Friday as Ambani sought to avoid depositing hundreds of millions of dollars with the court ahead of a trial.

The embattled Indian tycoon says that while he agreed to give a non-binding “personal comfort letter,” he never gave a guarantee tied to his personal assets -- an “extraordinary potential personal liability.”

The 60-year-old is the brother of Mukesh Ambani, who’s worth $56.5 billion and is the wealthiest man in Asia. Anil, on the other hand, has seen his personal fortune dwindle over recent years, losing his billionaire status. His Reliance Communications filed for bankruptcy last year.

The banks asked Judge David Waksman to force Ambani to put up $656 million into the court’s account.

Representatives for Ambani’s Reliance Group said they couldn’t immediately comment. They said the group will issue a statement once the court issues the final order.

Ambani’s lawyer, Robert Howe, said the court shouldn’t order his client to make a payment he can’t make. The tycoon argues that an order requiring him to do so would hinder his ability to defend himself in the case, Howe said.

“There’s no evidence of some giant pot of gold that he can pull $1 million, let alone $10 million, let alone $100 million,” Howe said.

Bankim Thanki, an attorney representing Industrial & Commercial Bank of China Ltd., China Development Bank and the Export-Import Bank of China, said in a filing that Ambani’s statements are “plainly a yet further opportunistic attempt to evade his financial obligations to the lenders.”

Ambani was caught up in another legal wrangle last year when India’s Supreme Court threatened him with prison after Reliance Communications failed to pay Rs 5.5 billion ($77 million) to Ericsson AB’s Indian unit. The judges gave him a month to find the funds, and his brother, Mukesh, stepped in just in time to make the payment.

Anil said in a filing that he recognized that the judge would want to know if he could satisfy any order to put up funds from outside resources, including his family.

“I can confirm that I have made enquiries but I am unable to raise any finance from external sources,” he said. Judge Waksman had said in an earlier ruling that he believed Ambani’s defence would be shown to be “opportunistic and false.”

Ambani’s lawyer told the judge that as a result of the comments the tycoon’s relatives were unlikely to lend any funds.

There is a “very substantial risk they will never get it back,” Howe said.

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News Network
January 14,2020

Mangaluru, Jan 14: Ace Yakshagana guru Kadri Ramachandra Bhat Yelluru will be awarded the ‘Kundeshwara Samman’ award by Shri Kundeshwara Kshetra, Hirgana, Karkala taluk.

The award will be presented to him in a ceremony on January 21.

“A Yakshagana, ‘Bhargava Vijaya’, with Yakshadhruva Patla Sateesh Shetty will be held on the same day. A Tulu drama, ‘Panoditthundu’, will be staged by Sindhura team. The annual temple festival will be held on January 22,” a press release issued by Cultural Programme Convenor Jitendra Kundeshwara said here on Tuesday.

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