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A PIL has been filed in the Supreme Court seeking “uniform maximum relief” in the school fee for the period of national lockdown and for taking the school fees at that time when you are not getting all the benefits that should be provided by the school.
The petitioner, Advocate Reepak Kansal has approached the court stating that it is “illegal” for the schools to demand fees and expenses, without rending service.
It is stated that there is no force Majeure clause in the school admission forms and the school admission forms and the school is bound with terms and conditions which are mentioned in the admission form.
“There is no Force Majeure clause in the said admission form, therefore demanding fee and expenses without rending service is illegal and against the principle of natural justice, the petitioner has contended in light of the Consumer Protection Act.
Further, it was said by the respondent side that there is no clause in the admission form that in case of epidemic/adverse situation/ nation lockdown, etc. the school administration would provide online classes and charge the same set of fees and expenses for the same. There are several side effects and demerits of online classes which is totally different from the concept of schooling, the plea states.
For the students who have given prior consent and attended online classes, the petitioner states, the parents may be charged for the expenses of the said parents may be charged for the expenses of said online classes proportionally.
In this backdrop, the petitioner has urged the court to give an interpretation of the force Majeure clauses in the current circumstances and also to direct the government to take a decision in regard to waiving off/ providing uniform maximum relief in the school fees.
As the parents are not getting all the services that were provided by the school but the school s is taking the full fees as it violates the fundamental rights as well as various sections of the Consumer Protection Act the petitioner has submitted.
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