Haryana

Panipat

CC/147/2023

NEHA GUPTA - Complainant(s)

Versus

KURUKSETRA UNVERSITY - Opp.Party(s)

09 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PANIPAT
 
Complaint Case No. CC/147/2023
( Date of Filing : 21 Apr 2023 )
 
1. NEHA GUPTA
315 HOME NO, DES RAJ COLONY NEAR BARSANA KUNJ
PANIPAT
HARYANA
...........Complainant(s)
Versus
1. KURUKSETRA UNVERSITY
KURUKSETRA UNVERSITY
KURUKSHETRA
HARYANA
............Opp.Party(s)
 
BEFORE: 
  Dr. J.R. Chauhan PRESIDENT
  Smt. Anita Dahiya MEMBER
  Dr. Suman Singh MEMBER
 
PRESENT:
Complainant Neha Gupta in person.
......for the Complainant
 
Dated : 09 May 2023
Final Order / Judgement

Complainant in person has been heard on the point of admissibility of the complaint.

2.                 This complaint has been filed against Directorate of Distance Education, Kurukshetra University Campus and Kurukshetra University, Kurukshetra on the ground that she took admission in Kurukshetra University correspondence course in public administration bearing roll No.61 of 2015 batch of M.A. First Year but she could not complete second year as admit card for first paper was given to her on the same day and it was not possible for her to reach Panchkula college for examination in the year 2018. Now she has sought refund of admission fees and various other compensation under various heads against both the respondents.

3.                The present complaint is not maintainable against Kurukshetra University as Hon'ble Supreme Court in P.T. Koshy & Another Versus Ellen Charitable Trust & Others 2012 (3) CPC 615 (SC)  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. Similar view has been taken by Hon'ble Apex Court in Maharshi Dayanand University Versus Surjeet Kaur 2010(2) CPC 696. Further Hon'ble Supreme Court in Bihar School Examination Board Versus Suresh Prasad Sinha, IV (2009) CPJ 34 (SC) held that examination fee paid by a 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 complaints against them are not maintainable under the Consumer Protection Act. In view of these judgments, the present complaint is not maintainable against the respondents.

 4.               Even otherwise, the present complaint is barred by limitation. The complainant has alleged her admission in Batch of 2015 and admission card for examination was given on the same day in 2018 and due to this, she could not reach to the examination centre. Therefore, cause of action accrued to the complainant in the year 2018 and limitation period for filing of consumer complaint is two years from the date of cause of action but the present complaint has been filed before this Commission on 24.04.2023 which is apparently barred by limitation.

5.                For the reasons recorded above, the present complaint filed by Neha Gupta is not maintainable and same is hereby dismissed at this preliminary stage.

6.                A copy of this order be supplied to the complainant free of costs and file be consigned after due compliance.

 
 
[ Dr. J.R. Chauhan]
PRESIDENT
 
 
[ Smt. Anita Dahiya]
MEMBER
 
 
[ Dr. Suman Singh]
MEMBER
 

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