Tamil Nadu

StateCommission

A/120/2023

Somisetty Lakshimi Narasaiah - Complainant(s)

Versus

Centre for e-Governance Anna University, Rep. by its Director & Anr. - Opp.Party(s)

Party in Person

21 Mar 2023

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI – 600 003.

 

BEFORE :                  Hon’ble Justice R. SUBBIAH                                        PRESIDENT

 Thiru R VENKATESAPERUMAL                                   MEMBER                        

                      

F.A. No.120/2023

 

(Against Order dt.13.12.2022 in C.C. Sr. No.1167/2022 on the file of the DCDRC, Chennai (South))

 

DATED THIS THE 21^ST DAY OF MARCH 2023

 

Somisetty. Lakshmi Narasaiah,

Navarathna Apartments F1,

No.17/9, Balagangadhar Street,

Adambakkam,

Chennai – 600 088.                                                         … Appellant / Complainant.                                                            

Vs.

1. Centre for e-Government Anna University,

Represented by its Director,

Sardar Patel Road,

Guindy,

Chennai – 600 026.

 

2. Anna University – MIT Campus,

Represented by its Dean,

Chrompet,

Tambaram Taluk,

Chennai – 600 044.                                            … Respondents / Opposite parties.

 

Appellant / Complainant                                : Party in person

 

This appeal coming before us 21.03.2023 and on hearing the arguments of the appellant and on perusing the material records, this Commission made the following:-

ORDER

HON’BLE THIRU.  JUSTICE R. SUBBIAH, PRESIDENT.  ( Open Court).

  

1.       This appeal has been preferred by the appellant/complainant against the order passed by the District Commission, Chennai (South) rejecting the complaint filed by the appellant herein at the S.R. stage on the reasoning that the education is not a commodity and that the educational institutions are not rendering services.  Therefore, the complainant cannot be considered as a consumer as per the Consumer Protection Act, 2019.

2.         Aggrieved over the same, the present appeal has been filed by the complainant.

3.           The appellant herein has filed the complaint as against the opposite parties alleging deficiency of service for the following reliefs:

            (i) To direct the opposite parties to refund the amount of Rs.8,200/- &

            (ii) to pay the costs of the proceedings to the complainant.

4.         The issue is as to whether the education institutions are providing any account of service or not is no more res-integria.

5.         In this regard, we would like to refer the some of the judgments which read as follows:-

1. In P.T.Koshy & Anr Vs Ellan Charitable Trust & Ors, reported in 2012(3) CPC 615 (SC) Supreme Court has held that the “students are not consumers” and “Education” is not a commodity and that Educational Institutions are not rendering “Service”
2. In Maharishi Dayanand University – Vs – SurjeetKaur, reported in 2020(11)SCC 159 dated 19.7.2020, it was held by the Supreme Court that “the Board is not a service provider” and a student who takes an examination is not a ‘consumer’ and consequently complaint under the Act will not be maintainable against the “Board”.
3. In Civil Appeal No.17802/2017 and 17803/2017 dated 30.10.2017 in Anupama College of Engineering – Vs Gulshan Kumar and others” the Hon’ble Supreme court placing reliance of the judgement of the Apex Court in Maharishi Dayanant University Vs Surjeethkaur, has held that, “Education is not a commodity. Educational institutions are not providing any kind of service, therefore, in matter of an admission, fees etc, there cannot be question of deficiency of service” such a matter cannot be entertained by the Consumer Forum under the Consumer Protection Act 1986.

 

In view of the decision laid down in the above judgement we do no find any infirmity in the order passed by the District Consumer Disputes Redressal Commission, Chennai (South) in rejecting the complaint filed by the complainant.  Hence, this appeal is liable to be dismissed.

            In the result, this appeal is dismissed.

 

 

R  VENKATESAPERUMAL                                                                                                                      R. SUBBIAH

                         MEMBER                                                                                                                            PRESIDENT

 

KIR/TNSCDRC, Chennai/Orders/March 2023.