CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.363/2009

SH. RACHIT MALIK

S/O SH. JOGINDER MALIK,

R/O I-80, LAJPAT NAGAR-1^ST,

NEW DDELHI-110024

…………. COMPLAINANT                                                                                           

                                                Vs.

BANGALORE SCHOOL OF BUSINESS,

B-II/61 MCIE, MATHURA ROAD,

NEW DELHI-110044

                                                …………..RESPONDENT

                                                                        Date of Order:22.04.2016

O R D E R

A.S. Yadav – President

It is not in dispute that complainant took admission in MBA+PGP in the Bangalore School of Business i.e. OP and paid a sum of Rs.15,000./- on 23.12.08 towards registration fee etc.  Complainant further paid a sum of Rs.85,000/- on 14.01.2009 towards fees for 1^st semester.  It is also not in dispute that session was to start from 16.02.2009 however complainant sought withdrawal of the admission and refund of the fee on 06.02.2009 as due to some unavoidable circumstances he could not pursue with the course.  Complainant followed up the matter regarding refund of fee with OP number of times but the fee was not refunded.  Accordingly this complaint has been filed with a prayer that OP be directed to refund the amount paid by complainant to the tune of Rs.1 lakh and also to pay Rs.50,000/- for compensation.

OP in the reply took the plea that complainant sought admission with OP of his own free will and consent and with full knowledge of all the facts.  At the time of admission the complainant was categorically informed that he should seek admission only if he was sure of pursuing his education with the OP as according to the rules of the institution only the security was refundable and in case he withdrew his admission the rest of the fee component would not be refunded.

We have heard complainant as nobody appeared for OP and carefully perused the record.

It is submitted by complainant that OP is affiliated to Periyar University and is further sub affiliated to All India Council for Technical Education in India and as per public notice Advt. No.AICTE/LEGAL/04/01/07, issued by All India Council for Technical Education, the fees of the student shall be refunded and returned by the institution/University to the Candidate/Student in case the admission is withdrawn by the student. 

The Only point for consideration is that whether the complainant is a consumer.

In fact the complaint is not a consumer.  Here it is useful to refer to case of Bharti Jindal Vs Swami Vivekananda Group of Institutes & Anr 11(2014) CPJ 179 in that case complainant got admission in IT branch of the OP and deposited Rs.47080/- on 12.7.10 and Rs.18000/- on 14.7.10.  Due to family circumstances, the complainant could not join course, claimed refund of the amount.  Only Rs.16000/- refunded.  Relying upon Maharshi Dayanand Universities Vs Surjeet Kaur IV(2010) CPJ 19(SC) = V(2010) SCT 545 where it was held that matter of admission, fees etc cannot be a question of deficiency in service and barred to entertain the Consumer Dispute under CP Act.  It was held by SC in Bihar School Examination Board Vs Suresh Pd. Sinha IV(2009) CPJ 34 (SC) = VII(2009) SCT 109 as well as P.T. Kosny & Anr Vs Ellen Charitable Trust 2012(3) C.P.C. 615(SC) that “Education Boards and Universities are not ‘Service Provider’.

Similar view was taken by the Hon’ble State Commission recently in case of Rai University Vs Ankur Kapoor, appeal No.620/2009 vide order dated 03.02.2016.

For the reasons stated above, complaint is dismissed.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

        (D.R. TAMTA)                                                                       (A.S. YADAV)

            MEMBER                                                                             PRESIDENT