Haryana

Ambala

CC/12/2014

RAM SINGH - Complainant(s)

Versus

GURU NANAK INSTITUTIONS - Opp.Party(s)

TARUN MEHTA

23 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                         Complaint Case No.:   12 of 2014

Date of Institution    :  03.01.2014.

Date of Decision   :     23.12.2015

Ram Singh son of late Sh.Gobind Ram, resident of H.No.56, Karanpuri, Ambala Cantt.

                    …….Complainant

                                                                         Versus

 

1.       Guru Nanak Institutions Hema Majra Road, Mullana District Ambala through its Managing Director.

 

2.       The Managing Director Guru Nanak Institutions, Hema Majra Road, Mullan District, Ambala.

3.       The Registrar, Guru Nanak Institutions, Hema Majra Road, Mullan District Ambala.

                                                                                       ……Opposite Parties

 

Complaint under Section 12 of the  Consumer Protection Act.

 

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

                   SH. PUSHPENDER KUMAR, MEMBER.

                  

Present:       Sh. Parvesh Goel, Adv. counsel for complainant.

                   Sh. Ashutosh Aggarwal, Adv. counsel for Ops.

 

ORDER

                    Present complaint has been filed by the complainant alleging therein that his son took admission in Mechanical Engineering- 4 years course in the institute of Ops and deposited a sum of Rs.40,000/- vide receipt No.1549 dated 25.06.2013 & Receipt No.1607 dated 03.07.2013.  It has been further alleged that due to some personal problems, complainant’s son had to leave the college and thus requested many times to the Ops for refund of fees but of no use. 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 that present complaint is not maintainable since complainant is not a consumer as per provisions of Consumer Protection Act. On merits, it has been urged that  final cut off dates of all admissions  was 15.08.2013  whereas the application for refund of fee by the complainant was advanced to the Ops on 12.09.2013 i.e. after the last cut off date and in this case as per guidelines of AICTE, the complainant is not eligible for any refund as alleged and prayed for dismissal of the complaint with costs.

3.                In evidence, counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexures C-1 to C-17 and closed the evidence whereas on the other hand, counsel for Ops has tendered affidavit of Sh. Rajnish Kohli Registrar of OP institute as Annexure RX alongwith documents as Annexures R-1 to R-4 and closed the evidence. 

4.                We have heard the learned counsel for the parties and gone through the record very carefully.  Counsel for complainant argued that the complainant is legally entitled for refund of fee alongwith security etc. received by the Ops in light of the case law rendered by  Hon’ble  Punjab State Consumer Disputes Redressal Commission, Chandigarh reported in II(2012)CPJ 188 titled as Nitish Dhameja Vs. Punjabi University & Anr.  And case law delivered by Hon’ble  Chhattisgarh State Consumer Disputes Redressal Commission, Pandri, Raipur  in appeal No.613 /2010 decided on 01.01.2011 in case titled as Disha College Through: Vice Principal Vs. Miss Shalini Gupta whereas OP’s counsel argued that as per latest law delivered by Hon’ble Supreme Court as well as our Hon’ble State Commission, the complaint for refund of fee is not maintainable under Consumer Protection Act.

 5.               In view of the case law submitted by counsel for the parties, 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, we are of the view that 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: 23.12.2015                                                                  Sd/-

                                                                                               (A.K. SARDANA)

                            PRESIDENT                 

 

                                                                                               Sd/-

     (PUSHPENDER KUMAR)

                                                                                      MEMBER