1. The version of the complainant is that being uncle of the petitioner Malik Mushtaq got admitted to the complainant in the respondent No.1 school and paid all the dues of annual admission fee Rs.
2. 4000/-, monthly fee for three month Rs. 9300/-, hostel annual fee Rs. 1500/-, uniform fee Rs. 1500/- Respondent No.1 school is full time boarding school. The complainant has been providing unhygienic food & drinking water along with unhealthy residential conditions. The uncle of the complainant made complaint to the respondent No.1 who became angry and terminate the complainant from the school without any notice. The complainant has demanded Rs. 16300/- as paid amount, Rs. 50,000/- for loss of academic year and Rs. 10,000/- for inconvenience. He has also claimed Rs. 5000/- as cost of traveling and Rs. 25000/- as lawyer fee. The petitioner sent a legal notice to the respondent through registered post and afterwards filed this complaint. The respondent appeared in the court and submitted his written reply on behalf of respondent.
3. Respondent No. 1 has admitted that the complainant has paid all the fees , however respondent No.1 has denied the allegations leveled against the respondent No. 1. He has prayed for dismissal of the complaint.
4. Arguments heard, record perused.
5. On perusal of record it is found that complainant sent a legal notice to the respondents which is mark A, postal receipt is mark B, affidavit of Malik Mushtaq is mark C and fees card of complainant is mark D. Mark D shows that the respondent No. 1 received fee from complainant for the months of September, October and November 2010. The respondent has produced the register without mentioning that for what purpose this register has been used. Fees register for the months of October and November 2010 show that the complainant paid the concerned fees. Record in the shape of lose paper has been produced by the respondent No.1 which shows the name of the complainant at serial No. 314 dated 18.9.2010. This also shows the payment of Rs. 6000/-. During arguments learned counsel for the respondent has taken a plea that the name of the complainant was not entertained in the registered meant for the admission as certificate which was to be provided by the complainant was not produced in the school. The record produced by the respondent is also doubtful. It is hard fact that the name of the complainant was not admitted in the respondent No. 1 school as per rules and regulation. But fees were received by the respondent No. 1. Therefore the complainant was at the mercy of respondent No.1 during the period which he remained resided in the respondent school. The uncle of the complainant rightly took of the complainant from the respondent school. Therefore the complaint in hand is hereby accepted with costs and respondent No. 1 is directed to return an amount of Rs. 16300/- to the complainant for the fee paid by the petitioner. The respondent will also pay the counsel fee to the petitioner. File be consigned to record room after its due completion.