Punjab

Ludhiana

CC/21/484

Harsimran Kaur - Complainant(s)

Versus

CT University - Opp.Party(s)

Gurwinder Singh

27 Jan 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 484 dated 22.10.2021                   

                                     Date of decision: 27.01.2022.

Mrs.Harsimran Kaur wife of Inderdeep Singh r/o House No.55-D, White Quarters, Ludhiana at present House No.3567, Jamalpur, Chandigarh Road, Near SBI Bank, Ludhiana.                                                                                                                                                                      …Complainant

                                                Versus

1.CT University through its Vice Chancellor, Ferozepur Road, Sidhwan Khurd, Ludhiana-142024.

2.Mr.Sachit Vardhan, Deputy Director Department of Research of CT University.                                                                                                    

3.Professor Dr.Lakhwinder Kaur, Department of Research of Punjabi in CT University.

4. University Grant Commission through its authorized signatory, Bahadur Shah Zafar Marg, New Delhi-110002.

                                                                                           ..Opposite parties

             (Complaint U/s 35 of the Consumer Protection Act, 2019)

 

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH.JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.Gurvinder Singh Sodhi, Advocate

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                Heard. As per the allegations in the complaint, the complainant obtained admission in OP1 University for Ph.D. Punjabi and he deposited Rs.19,500/- in December 2018 as registration fee. Thereafter, the complainant deposited the another amount of Rs.29,500/- as fee of first semester. The complainant was assured by the OP2 that OP1 was the best university for Ph.D Punjabi. OP3 also assured the complainant that the university would deliver the degree of Ph.D within a maximum period of three years. However, later on, OP3 did not give any time to the complainant for research work and started avoiding the phone calls of the complainant. The complainant sent many emails to the OPs regarding her research work. In the correspondence sent by Dr.Jagtar Singh Dhiman(Registrar of OP1 University) it was admitted that there were large number students pursuing their Ph.D programs in the university who were seeking research guidance. Thereafter, OP1 University asked the complainant to deposit the fee of second semester. When the complainant contacted OP2, the latter asked her to start research work. The complainant requested OP2 that the OP3 was not providing any help in doing the research work upon which, she was told that the OP3 had more than 10 students and therefore, the university had appointed new research guide namely Dr.Raj Kumar for Ph.D. When the complainant contacted Raj Kumar, he also kept postponing the matter on one pretext or the other. In this regard, no satisfactory answer was given by the OP1 and OP2. Instead they told the complainant that Dr.Raj Kumar had left the university and now Dr.Lakhwinder Kaur would be her research guide. Even the said teacher did not assist/help the complainant throughout the year in her research work. In January 2021, the complainant again approached the OP2 and requested for the refund of fee as the OPs have failed to provide any assistance in the research work of Ph.D due to which she could not even start the synopsis work even after two years from the date of admission. Instead of refunding her fee, the OP1 sent one email to the complainant for internal DRC of synopsis. OP3 started misbehaving with her leveling false allegations of misbehavior. Hence the complaint.

2.                It has been contended by the counsel for the complainant that the complainant is a consumer being a student of Ph.D Punjabi and since proper guidance in research work has not been provided by the OPs, this amounts to deficiency of service on the part of the OPs.

3.                We have considered the rival contentions raised by counsel for the complainant. However, we are not convinced on the point as to whether the complainant is a consumer. In Manu Solanki & others vs. Vinayaka Mission University-I(2020)CPJ-210(N.C.), it has been held by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi that education is not a commodity and further that the educational institutions are not providing any kind of service and therefore, in matter of admission, fees etc, there cannot be a question of deficiency of service. It has further been held in the cited case that post admission and having attended college for some period of time, if student leaves college with his own volition and seat falls vacant, which may or may not be filled by another candidate, fee cannot be refunded as issue is post admission. It has also been held that any defect/deficiency in conferring of a degree/diploma, marks, certificates which may arise during course of imparting of education does not fall within purview of Consumer Protection Act. The Hon’ble National Consumer Disputes Redressal Commission, New Delhi has further held in this very case that only exception is coaching centers which can be acquitted with the regular schools and colleges. However, in the instant case, it is not disputed that the OP1 is a university imparting education. The University while imparting education cannot be said to be providing services to the student. Therefore, as per law laid down in the cited case, the complainant being a student of Ph.D does not fall within the definition of the consumer in terms of the Section 2(1)(d) of the Consumer Protection Act. Therefore, the complainant has no locus standi to file and maintain the complaint against the OPs.

4.                As a result of above discussion, the complaint is summarily dismissed. Copies of order be supplied to complainant free of costs as per rules. File be indexed and consigned to record room.       

 

                              (Jaswinder Singh)                           (K.K. Kareer)

                          Member                                     President

 

Announced in Open Commission.

Dated:27.01.2022.

Gurpreet Sharma