Case No. 78 of 2015. Case: Baby Nandini Garg Vs The Management of Shikshantar School and Ors.. Competition Commision of India

Case Number:Case No. 78 of 2015
Party Name:Baby Nandini Garg Vs The Management of Shikshantar School and Ors.
Judges:Ashok Chawla, Chairperson, S.L. Bunker, Augustine Peter, U.C. Nahta, M.S. Sahoo, Members and G.P. Mittal, J. (Member)
Issue:Competition Act, 2002 - Sections 19(1)(a), 26(2), 3, 33, 4
Judgement Date:September 28, 2015
Court:Competition Commision of India


Order under section 26(2) of the Competition Act, 2002

  1. The present information has been filed by Baby Nandini Garg (hereinafter, the 'Informant') against the Management of Shikshantar School (hereinafter, 'OP 1'); the Principal Secretary, Haryana School Education Department (hereinafter, 'OP 2'); the Director, Elementary Education, Govt. of Haryana (hereinafter, 'OP 3'); and the Assistant Director, Elementary Education, Govt. of Haryana (hereinafter, 'OP 4') [collectively, hereinafter 'OPs'] under section 19(1)(a) of the Competition Act, 2002 (hereinafter, the 'Act') alleging, inter alia, contravention of the provisions of sections 3 and 4 of the Act in the matter.

  2. As per the information, the Informant was a student of Nursery (Avir Group) class in Shikshantar School, Gurgaon (hereinafter, the 'School'); which is promoted by Unitech South City Educational Charitable Trust ('USECT'), a division of Unitech, a multinational company; and is affiliated to CISCE (Council for the Indian School Certificate Examinations).

  3. Briefly, it is stated that vide Admission No. 056/N/1415, the Informant was admitted in the said School in September, 2013 for the academic session 2014-15 and accordingly, her parents paid Rs. 1,40,000/- to the School in November, 2013 towards fees which includes institutional fees of Rs. 70,000/-, refundable caution money of Rs. 50,000/-, and admission fees of Rs. 20,000/-. Additionally, her parents paid Rs. 75,120/- to the School on 04.02.2014 towards annual fees of Rs. 38,160/-, tuition fees of Rs. 26,960/- (including transport fee of Rs. 4,060 for two months), and refundable transport security of Rs. 10,000/-. Thus, the parents of the Informant made a total payment of Rs. 2,15,120/- to the School.

  4. It is averred that it came as a shock to the parents of the Informant when they got to know that the transport facility would not be available for their child/ area and after frequent protests the School agreed to provide the transport facility for their child/ area only in the afternoon. It is stated that the parents accompanied their daughter for two days while returning from the School in the afternoon in the school transport and they found that there was no teacher in the school bus, the maid was not trained in handling the kids and did not even carry an I-card. The maid was least bothered about the children sitting in the bus. The parents of the Informant also observed that the bus lacked basic facilities such...

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