Complainant Ms.Kawaljit Kaur through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) against the BVN College for Girls, Tehsil Dera Baba Nanak, Distt. Gurdaspur has prayed for the necessary directions to the opposite party to pay Rs.2,00,000/- as compensation and return the fees with interest @ 12% compound per annum from the date of complaint till its realization and opposite party be also directed to pay Rs.30,000/- as compensation for deficiency in service and Rs.20,000/- for physical and mental harassment alongwith Rs.5,000/- as litigation expenses.

2.       The case of the complainant in brief is that she passed her graduation degree from Ph.Mohan Lal S.D.College for Girls, Fatehgarh Churrian under Roll No.92014348502, Regd. No.2011MSF/A.12 affiliated to Guru Nanak Dev University, Amritsar. The combination in the graduation was English (Compulsory), Punjab (Compulsory), Computer Science, Punjab (Elective) and Economics. After passing the graduation she approached the opposite party for admission in M.Sc. (IT) and the opposite party granted her admission and charged Rs.7000/- as fee on 2.7.2014. She submitted her mark sheet to the opposite party and after verifying she was granted admission by the opposite party. She has further pleaded that later on the opposite party charged Rs.12,500/- on 8.9.2014 as second installment towards fee. Identity card was also issued to her. Since her admission she is attending her classes and she is daily traveling from her village to the college which is about 30 kms away from the college and she is spending Rs.100/- daily as bus fare. Now the opposite party has told her that her admission cannot be continued as she is not eligible for the course and the opposite party has refused to send her admission form to the University on this pretext and has also told her she need not come to the college to continue her study. The opposite party is using undue means to grab money from the students. In this regard it is submitted that the college is only meant for girls but the opposite party granted admission to the boys also in the M.Sc (IT). The opposite party has intentionally and willfully cheated her and charged fee from her and has also spoiled her one precious year of study.  Thus there is deficiency in service on the part of the opposite party. Hence this complaint

3.       On notice, the opposite party appeared and filed its reply through the counsel taking the preliminary objections that the complaint is not maintainable and the complainant has got no locus standi to file the complaint against the opposite party; the complaint is bad for non-joinder of necessary parties and the complainant is guilty of concealment of material and vital facts from this Forum. On merits, it was submitted that complainant has obtained less than 50% marks in Graduate Examination but she has shown in the Admission Form no.2997 showing that she has obtained 50% marks in Graduation degree but she has not supplied the copy of Graduation degree to the opposite party at the time of getting the admission from the opposite party. It was further submitted that after giving the admission Form, the documents were forwarded to the Guru Nanak Dev University for Registration for the admission of Session 2014-15 for M.Sc.(IT) Class Semester-1 Examination but the Guru Nanak Dev University, Amritsar found that the complainant has obtained less than 50% marks in graduation hence her admission was rejected vide letter no.6936 dated 1.10.2014 and complainant was duly informed about the rejection of the admission. As per the University rules and regulations, no candidate can get the admission for M.Sc (IT) Course who has obtained less than 50% marks in aggregate and this fact has been kept concealed by the complainant at the time of getting the admission from the College of the opposite party and as per the declaration given by the complainant, the complainant is not entitled for any kind of claim from the opposite party due to her own illegal act and conduct and as per the declaration given by the complainant which is duly mentioned on the admission form. All other averments made in the complaint have been vehemently denied and prayed for dismissal of the complaint.

4.        Complainant tendered into evidence her own affidavit Ex.CW1/A, alongwith other documents Ex.C1 to Ex.C8 and closed the evidence. 

5.       Ms.Ragini Mahajan Principal for the opposite party tendered into evidence her own affidavit Ex.OP-1, alongwith other documents Ex.OP-2 to Ex.OP-10 and closed the evidence.

6.       We have carefully gone through the pleadings of both the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

7.     We find that the complainant Kawaljit Kaur was accorded ‘Provisional Admission’ (at the OP college) to the M.Sc. (IT) post-graduate class on the strength of her ‘declaration’ (vides Ex.OP2 the Admission Form # 2997); to the effect that she has secured 50% marks in her ‘graduation’ TDC–III and thus she deposited Rs.7,000/- Ex.C6 & Rs.12,500/- Ex.C7 vide Receipt # 6267 & 6555 as Registration fee etc. Further the OP2 College forwarded her candidature to the GNDU authorities for ‘confirmation’ of her admission to the M.Sc. (IT) class semester-I. However, the GNDU cancelled the complainant’s admission vide Ex.OP10 communiqué # 6936 of 01.10.2014 for the reason that she had secured 1112 marks (out of the total 2400) i.e., less than 50% in her graduation and as such she did not fulfill the eligibility criterion of at least 50% marks (in graduation) for admission to the M.Sc. (IT) course. Further, the  ‘non-refund’ term of the fees deposited at the time of provisional admission duly finds a ‘clear’ mention on the money Receipts and the complainant has also consented to the same in her declaration on the ‘admission form’.  

8.       So, in the light of the all above we are not inclined to interfere in the university ‘rules & regulations’ pertaining to the ‘college admissions’ etc and moreover ‘education’ being only the ‘mental imparting/sharing’ of ‘deduced knowledge’ does not strictly attracts ‘consumer’ relationship as envisaged under the extant provisions of the Act. Finally, we do not see any acceptable (under the Act) merit in the present complaint and thus ORDER for its dismissal with however the complainant left at liberty to approach the GND university authorities to seek refund of her fees etc. The parties shall bear their own costs, here.

9.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                    .                                                       

                                       (Naveen Puri)

                                                                                    President   

Announced:                                                     (Jagdeep Kaur)

June 23, 2015                                                           Member

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