Haryana

Ambala

CC/355/2012

MANISHA RAWAT - Complainant(s)

Versus

GURU NANAK INSTITUTIONS - Opp.Party(s)

ASHISH SAREEN

27 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                        Complaint Case No.:   355 of 2012

Date of Institution    :   29.11.2012

Date of Decision   :     27.11.2015

Ms. Manisha Rawat D/o Sh. Komal Singh Rawat resident of H.No.23, Indira Colony, Jandli, Ambala City.

                                                              …….Complainant

                                                                                              Versus

1.       Tarlochan Singh, Chairman, Guru Nanak Institutions, Hema Majra Road, Mullana, Ambala.

2.       Sachin Chawla, Dean of Guru Nanak Institutions,  Hema Majra Road, Mullana, Ambala.

                                                                                       ……Opposite Parties

Complaint under Section 12 of the  Consumer Protection Act.

CORAM:    SH. A.K. SARDANA, PRESIDENT.

                   SH. PUSHPENDER KUMAR, MEMBER.                  

Present:       Sh. Ashish Sareen, Adv. for complainant.

                   Sh. Ashutosh Aggarwal, Adv. for Ops.

ORDER

                    Present complaint has been filed by complainant alleging therein that  she took admission in M.B.A. Ist year for the session 2012-13 and deposited a sum of Rs.42,500/- with Ops which includes Rs.35,000/- registration fees & Rs.6500/- as bus fees on 16.08.20102 vide receipt No.222.   It has been further alleged that  due to domestic problem,  complainant  had to leave the  college and  she requested  many times on phone as well as personally for refund of fees  but of no use. However, a sum of Rs.6000/- which was deposited as bus fee was refunded to her.  The complainant further alleged that as per guidelines of UGC, she is entitled for refund of fee because she submitted application to OP No.2 before 30^th August 2012 and thus the fee after deducting Rs.1000/- might have been refunded to the complainant but Ops  have refused to refund the same which is a deficiency in service on their part.  As such, having no alternative, complainant has preferred the present complaint.

2.                Upon notice, Ops appeared through counsel and filed written statement raising preliminary objection qua complainant is not a consumer as per Consumer Protection Act. It has been denied that  the complainant every submitted any request letter dated 27.08.2012 as alleged rather a request letter dated 12.09.2012 was made for refund of Rs.6500/-  charged as bus fee which was duly accepted and Rs.6000/- were refunded on 27.09.2012. On merits, admission of the complainant as well as deposit of fees with their  institute has been admitted  by the Ops whereas  submission of request letter prior to 31.08.2012  has not been admitted.  It has been further urged by the Ops that since the course had been started, the complainant was not entitled for refund of the fees and prayed for dismissal of the complaint with costs.

3.                In evidence, the counsel for complainant tendered affidavit of complainant as Annexure CW1/A alongwith documents as Annexures C-1 &  C-2 and closed the evidence whereas on the other hand, counsel for Ops tendered evidence of  Sh. Rajnish Kohli, Assistant Registrar as Annexure RX alongwith documents as Annexure R-1 to R-3 and closed the evidence on behalf of Ops.

4.                We have heard the learned counsel for the parties and gone through the record very carefully. Before proceeding further, the foremost question arises for consideration before the Forum is “Whether the educational institutions are providing any service to the students?”

                   In P.T. Koshy & Anr. Versus Ellen Charitable Trust & Ors. reported in 2012(3) CPC Pg. 615 (SC), Hon’ble Apex court after referring to judgment Maharshi Dayanand University Vs. Surjeet Kaur 2010 (11) SCC 159 has held that education is not commodity and Educational institutions are not providing any service. Therefore, in the matter of admission, fee etc. there cannot be a question of deficiency in service. Such matters cannot be entertained  by the Consumer Fora under the Consumer Protection Act, 1986. 

Further in case titled as Bihar School Examination Board Vs. Suresh Parshad Sinha, reported in CPJ 2009(IV) Pg.34 (SC), Hon’ble Supreme court has  held that the examination fee paid by student is not a consideration for availment of service, but charge paid for privilege of participation in examination.  It has also been held that education Boards and universities are not ‘Service provider’ and the complaints against them are not maintainable under the Consumer Protection Act. 

                   Further, in another case titled as ICL Institute of Management and Technology Vs. Ranjit Singh & Anr. First Appeal No.166 of 2014 decided on 12.05.2014, our Hon’ble State Consumer Disputes Redressal Commission, Haryana, Panchkula has held that the complaint for refund of fees was not maintainable under the Consumer Protection Act before the Fora.

                   In view of the legal position enunciated above, present complaint is not maintainable before this Forum under the Consumer Protection Act, hence, the same is hereby dismissed with no order as to costs. However, the complainant shall have liberty to seek his grievance before the proper Forum or Civil Court, as per law.  Complainant can seek help for condonation of delay in accordance with law laid down in Luxmi Engineering Works Vs. PSG Industrial Institute reported in SCC 1995(3) Pg. 583. Copies of this order be sent to the parties concerned, free of costs, as per rules.  File after due compliance be consigned to record room.

        

Announced:27.11.2015                                                          Sd/-

                                                                                         (A.K. SARDANA)

                   PRESIDENT                 

 

 

                                                                                              Sd/-

     (PUSHPENDER KUMAR)

                                                                                      MEMBER