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
April 19,2020

Indian Overseas Congress (IOC) Chaiman Dr Sam Pitroda held video conference with senior IOC office bearers across Middle Eastern countries on 14th April 2020 to review the impact of COVID-19 pandemic among Indians residing in the region. Almost all speakers appreciated the efforts initiated and  implemented by  respective governments to contain spread of the deadly virus as well as measures taken towards welfare of the people affected by the lockdown. 

IOC Presidents, Mohammed Mansour - Bahrain, Abdullah Manjeri - Saudi Arabia, Dr J Ratan kunar - Oman and Girish kumar - Qatar, highlighted the quality treatment of patients and finacial aid provided by governments and other authorities. Bahrain IOC president Mansour , also  apprised about the 'Food for Needy' drive in Association with KHK Heroes foundation, initiated by HH Sheikh Khalid Bin Hamad Al Khalifa and quality treatments as well as financial aid to local and expat residents.

Anura Mathai, IOC  Global Event Coordinator, spoke about certain problems of Indians in the UAE. IOC Middle East Convener, Mansoor Palloor, emphasised and requested IOC Chairman to urge Indian government to arrange immediate repatriation of indians stranded in Gulf countries. AICC Secretary, Himanshu Vyas, IOC Secretary Dr Arathi Krishna, Dr Arshi Malik (Abha), Mohiuddin Sirajudeen (Jeddah), Advocate Joseph Palathara (Dammam) Prasad Kodru, Jayati Maitra Ziyad Ahmed (Qatar) and Khursheed Alam (Gen Secretary- Bahrain) also apprised the participants about various issues relevant to the pandemic and suggested further initiatives to be undertaken. 

Dr Sam Pitroda briefed about sustained and consolidated efforts by all IOC members  during this unprecedented situation facing the world and assured that he would convey IOC  concerns to the government and try his best to ensure all possible help is made available to all needy Indians.

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News Network
April 9,2020

New Delhi, Apr 9: The Delhi Police has traced Tablighi Jamaat leader Maulana Saad Kandhalvi, who has been on the run after an FIR was registered against him for organising a religious gathering last month despite restrictions to combat the coronavirus, sources said on Wednesday.

The cleric has been traced to Zakir Nagar in southeast Delhi, sources said.

His lawyer Tauseef Khan, however, said Saad is under self-quarantine and will join investigation after his quarantine period is over.

On March 31, Delhi Police's Crime Branch lodged an FIR against seven people, including the cleric, on a complaint by Station House Officer Nizamuddin for holding the congregation here allegedly in violation of the orders against large gathering and not maintaining social distancing to contain the spread of coronavirus.

A day later, the Delhi Police's Crime Branch wrote to Saad and others, seeking the details under Section 91 of the Code of Criminal Procedure. A second notice was also issued to him this week.

"Saad is currently under self-quarantine and will join investigation once the period of 14 days gets over," his advocate, Tauseef Khan, told PTI.

Saad's quarantine is expected to end next week.

His lawyer said a reply to the second notice will be given soon.

In an audio message last week, Saad said he was exercising self-quarantine after several hundreds who visited the Tablighi Jamaat's Nizamudddin markaz tested positive for coronavirus.

Visited by thousands last month, the Nizamudddin centre also turned out to be a hotspot for spread of coronavirus not only in national capital and country.

According to the FIR, the Delhi Police contacted the centre on March 21 and reminded them of the government order that prohibited any political or religious gathering of more than 50 people.

However, no one paid any heed to the police's direction, it said. Moreover, an audio recording purportedly of Saad was found in circulation on WhatsApp on March 21, in which he was heard asking his followers to defy the lockdown and social distancing and to attend the religious gathering of the Markaz.

On March 24, the government ordered 21-day nationwide lockdown and restricted any social, political or religious gathering.

The same day a meeting was held at Hazarat Nizamuddin police station between SHO and officer bearers of the centre.

The meeting was attended by Saad, Mohammad Ashraf, Mohammad Salman, Yunus, Mursaleen Saifi, Jishan and Mufti Shehzad and they were informed about lockdown orders.

So far, several hundred cases of COVID-19 cases across the country have been found to be linked to the Tablighi Jamaat congregation held in Delhi last month.

More than 25,500 Tablighi members and their contacts have been quarantined in the country after the Centre and the state governments conducted a "mega operation" to identify them.

At least 9,000 people participated in the religious congregation in Nizamuddin. Later, many of the attendees travelled to various parts of the country.

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KT
April 12,2020

Apr 12: The board and management of troubled NMC Healthcare should be held accountable for the financial irregularities, said Abdulaziz Al Ghurair, chairman of the UAE Banks Federation.

"Banks have dealt with the exposure professionally and they lent to a company which was listed on FTSE-100 index with world-class regulator and the world's largest audit firm doing their audit. Even if they present their balance sheet today, people will still lend to them. This is a world-class fraud and the management and board members should be held accountable. We should have a different track to handle this company. It is not a normal track that we can go," Al Ghurair said during a virtual press conference on Sunday.

It is estimated that the more than 80 local, regional and international banks have exposure to healthcare firm. The UAE bourses had asked all the listed companies in the UAE to announce their exposure. The UAE banks last week announced nearly Dh10 billion exposure to NMC Healthcare, which is owned by the billionaire BR Shetty.

Abu Dhabi Commercial Bank has the highest exposure to NMC at Dh3 billion. Dubai Islamic Bank and its subsidiary Noor Bank announced Dh2 billion exposure while Emirates NBD and its Shariah-compliant unit Emirates Islamic Bank revealed Dh747.34 million exposure. Ajman Bank has Dh151.8 million while Al Salam Bank pegged its exposure at Dh161.5 million. All these lenders revealed their exposure for the first time on Sunday.

Abu Dhabi Islamic Bank said it had extended Dh1.07 billion in financing to NMC Healthcare, and an additional Dh113.67 million exposure to Islamic bonds issued by NMC.National Bank of Fujairah pegged its exposure to NMC at Dh289.1 million, while Sharjah-based United Arab Bank said its exposure was Dh135.3 million.

NMC recently revised its debt position to $6.6 billion, well above earlier estimates.

London's High Court last week placed hospital operator NMC Health into administration, on the application of Abu Dhabi Commercial Bank.

"I know leading bank in UAE have already legal guardian of the company so now management cannot hide anything. The new team will manage and discover what happened," said Al Ghurair.

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