Delhi

Central Delhi

CC/97/2013

AJAY CHAUDHRY - Complainant(s)

Versus

DELHI ACADEMIC OF MEDICAL SCIENCES PVT LTD. - Opp.Party(s)

27 Feb 2015

ORDER

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Complaint Case No. CC/97/2013
 
1. AJAY CHAUDHRY
R/O GP-45, GANGA NAGAR MERUT UP
...........Complainant(s)
Versus
1. DELHI ACADEMIC OF MEDICAL SCIENCES PVT LTD.
4-B PUSA ROAD ,3rd FLOOR, GROVER BUIDING ND 5
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. RAKESH KAPOOR PRESIDENT
 
For the Complainant:
For the Opp. Party:
ORDER

ORDER

PER SH. RakeshKapoor, President

     The Hon’ble Supreme Court of India In the case of P.T.Koshy& Anr. Vs. Ellen Charitable Trust & Ors (Special Leave Petition) Civil Appeal No. 22532/2012, decided on 09.08.2012,   has held as under :-

 

In view of the judgment of this Court in Maharshi Dayanand University Vs. Surjeet Kaur, 2010 (11) SCC 159 = 2010 (2) CPC 696 SC, wherein this Court placing reliance on all earlier judgments has categorically held that education is not a commodity. Educational institutions are not providing any kind of service, therefore,  in the matter of admission, fees, etc., there cannot be a question of  deficiency  of  service.  Such matters cannot be entertained by the Consumer Forum under the Consumer Protection Act, 1986.

In view of the above, we are not inclined to entertain the special leave petition.  Thus, the Special Leave Petition is dismissed”.

 

 

In all the four complaints as noted above , the complainants have alleged deficiency in service on the part of the Ops which are educational insitutions imparting education to various students. In view of the afore said judgment , we are inclined to hold that these complaints are not maintainable in this forum and are hereby dismissed.

          Copy of the order be made available to the parties as per rules.

          Files be consigned to Record Room.

          The original  order shall be kept in complaint titled as  Dr. Ajay Choudhary V/s Delhi Academy of Medical Sciences Pvt Ltd (CC no. 97/13) and copies shall be kept in cases  bearing numbers 338/14, 489/12 & 45/14.

 

             

        Announced in open sitting of the Forum on_____________

 

 
 
[HON'BLE MR. RAKESH KAPOOR]
PRESIDENT

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