Haryana

Ambala

CC/61/2014

BHUPINDER KUMAR - Complainant(s)

Versus

ICL HI TECH EDUCATION SOCIETY - Opp.Party(s)

AMRINDER SINGH

22 Sep 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                       Complaint Case No. :  61 of 2014

Date of Institution    : 25.02.2014

Date of Decision      :   22.09.2015

 

Bhupinder Kumar son of Sh. Revat Ram village Bhatgran, P.O. Piplage, Tehsil Bhuntar, District Kullu, Himachal Pradesh.  Now presently resident of house No.515,Sector 45-A,  Chandigarh.              

                                                                                                                                   ……….Complainant

Versus

1.       ICL Hi Tech Education Society Sountil, P.O. Shahzadpur, Tehsil Naraingarh, District Ambala through its President.

2.       Sanjiv Kumar Prabhakar, President, ICL Tech Education Society Sountil, P.O. Shahzadpur, Tehsil Naraingarh, District Ambala.

3.       Sh. Satish Prabhakar, Secretary, ICL Tech Education Society Sountil, P.O. Shahzadpur, Tehsil Naraingarh, District Ambala.

4.       Atul Jain-Director Governor, ICL Tech Education Society Sountil, P.O. Shahzadpur, Tehsil Naraingarh, District Ambala.

5.       Hemlata Jain-Director Governor, ICL Tech Education Society Sountil, P.O. Shahzadpur, Tehsil Naraingarh, District Ambala.

6.       Brig. N.P. Sharma VSM Retired-Chief Operating Officer, ICL Tech Education Society Sountil, P.O. Shahzadpur, Tehsil Naraingarh, District Ambala.

7.       Dr. Savita Sharma, Director Operations, ICL Tech Education Society Sountil, P.O. Shahzadpur, Tehsil Naraingarh, District Ambala.

8.       Lt. Col. J.S. Virk (Retired) Director BD and Admin, ICL Tech Education Society Sountil, P.O. Shahzadpur, Tehsil Naraingarh, District Ambala.

9.       Avinash, Coordinator ICL Tech Education Society Sountil, P.O. Shahzadpur, Tehsil Naraingarh, District Ambala.

10.     Vandana Chopra, Staff Member, ICL Tech Education Society Sountil, P.O. Shahzadpur, Tehsil Naraingarh, 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. Amrinder Singh, Adv. for complainant.

                   None for Ops.

ORDER:

1.                 Present complaint has been filed by the complainant alleging therein that   he is a B. Tech. qualified and for further studies, he wanted to take admission in M.Tech.. Shri Avinash who introduced himself as admission coordinator of Ops, assured the complainant that  this institute is well reputed and it offers M.Tech course under Kurukshetra University and the total admission fee is Rs.50,000/- per semester. On 14.08.2013, complainant paid a sum of Rs.30,000/- in cash as admission fee vide receipt No.876 dated 14.08.2013 and on 02.09.2013 complainant paid a balance sum of Rs.20,000/- in cash with Ops institute vide receipt  No.1102 dated 02.09.2013. The complainant was told by the college authorities to submit his B.Tech. result documents by 30.09.2013, and the same were submitted by the complainant on 12.09.2013.  That after paying total admission fee, complainant visited many times in the college for his classes but the college management told complainant that the classes will be started shortly. It has been further submitted by the complainant that later on he was informed by the college management through SMS on dated 08.11.2013 from the mobile number of the madam Vandna Chopra, that the admission of the complainant had been cancelled by the University.  The complainant visited the college and inquired about cancellation of his admission & SMS etc. whereupon  the college Management told the complainant that he had submitted his B.Tech. result at a later stage as a result of which his admission has been cancelled by the university but they failed to provide any satisfactory response either in writing or otherwise and this behavior of the college management shocked the complainant a lot and due to which one year of the complainant had ruined.  So, the complainant raised demand for refund of his admission fees but the Ops told the complainant that they will refund only Rs.30,000/- and rest of Rs.20,000/- will be refunded by the coordinator as an amount Rs.20,000/- has been paid to Coordinator Avinash as incentive. But despite various visits of the complainant, Ops did not refunded the fee deposited by the complainant on one pretext or the other.  Hence, the present complaint seeking relief as per prayer clause has been filed by the complainant.

2.                Upon notice, Ops appeared through counsel and raised preliminary objections qua non-maintainability of complaint, mis-joiner & non-joinder of necessary parties, no cause of action and no locus standi etc.  On merits, the allegations as leveled in the complaint have been denied except depositing of fee which is too as per record.  In the end, prayer for dismissal of compliant has been made.

3.                In evidence, the counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexures C-1 to C-5 and closed the evidence whereas on the other hand, no evidence was led by the Ops rather the same was closed by court vide order dated 21.09.2015.

4.                We have heard the learned counsel for the complainant 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. 2012(3) CPC 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 law 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:22.09.2015                                                                              Sd/-

                                                                                                         (A.K. SARDANA)

                                                                                                               PRESIDENT   

                                                                                                                  Sd/-

                                                                                                   (PUSHPENDER KUMAR)   

                                                                                                                MEMBER