JUDGEMENT

By this common order I shall be deciding 5  (five) appeals bearing No. FA 520/11 to 524/11 as there is same question which arise out of same order dated 17.08.11 passed by district forum X. Infact the district forum also disposed of all the 5 cases by common order. 

2. It is not necessary to discuss the facts as the complaints can be disposed of on the short ground that appellant is not covered under Consumer Protection Act. According to counsel for the appellant, the appellant is an educational institution.  Hon’ble Supreme Court has held in Maharishi Dayanand University vs. Sujeet Kaur (2010) 11 SCC 159 that student is neither a consumer nor university renders service to its students. Hence, Consumer Fora have no jurisdiction to entertain complaint.  Some what similar view was taken by Hon’ble Supreme Court in Bihar School Examination Board vs. Suresh Prasad Sinha 2009 8 SCC 483.

3.     The counsel for respondent submitted that appellant is not a university.  It is a private coaching institute. But the National Commission has taken same view regarding coaching institution also.  In this regard reliance can be placed on decision in Revision Petition No. 4333/14 titled as Mayank Tiwari vs. Fitzee Ltd. decided on 08.12.14.

4.The counsel for respondent also took objection that this plea was not taken in the written submission filed by  the appellant before district forum nor this argument was raised in the district forum.

5. Counsel for appellant suitably replied by submitting that objection is purely legal an same goes to the root of the case. It can be taken at any time.  Moreover by the time of decision by district forum in 2011, the decision of Hon’ble Supreme Court in SLP No. 22532/12 titled as P.T Koshy vs. Ellen Charitable Trust decided on 09.08.12 holding that education is not a commodity and educational institutions are not providing any kind of service, has not come. 

6. In view of this aforesaid discussion the appeals are accepted.  Impugned orders are set aside and complaints are dismissed.  However, the complainants/respondents herein are given liberty to seek their remedy at appropriate forum by excluding the time spent in proceedings before consumer Fora as per decision of Hon’ble Supreme Court in Bira Technology vs. Neutral Glass Allied Industries (2011) 1 SCC 525.

        Copy of this order be sent to both the parties free of cost.

Copy of this order be sent to district forum for information.

        Copy of this order be placed on files of appeal No. FA 521/11 to FA 524/11.