Delhi

New Delhi

CC/211/2014

Sh. Mohit Singh - Complainant(s)

Versus

M/S. All India Council for Technical Education - Opp.Party(s)

26 Sep 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                           NEW DELHI-110001

 

Case No.C.C./211/2014                                                Dated:

In the matter of:

Sh. Mohit Singh

R/o D-348, Gali no. 12,

Laxmi Nagar, Delhi-110092

Presently at : C-5/35 Yamuna Vihar

Delhi-110053                                                                 ……..COMPLAINANT

 

 

          

VERSUS

1. All India Council for Techical Education

Through its Chairman

Office at: 7^th Floor, Chander Lok Building

Janpath New Delhi-110001

 

2. University Grant Commission ( U.G.C.)

Through its Secretary

Office at: Bahadur Shah Zaffar Marg

New Delhi-110002           

 

3. Amity University

Through its Vice Chancellor/Registrar

Having its office at Amity Campus

Sector-125, Noida 201303

And also at

Sector-44, Noidas  ….....OPPOSITE PARTY

MEMBER: NIPUR CHANDNA

ORDER

The brief fact of the case are that the complainant with a view to pursue to his B-Tech (E.C.E) approached OP No. 3 and as such he was admitted in his proposed course of B.Tech against the Registration No. B.Tech E.C.E /2012/NS/1199 with OP No.3. After the completion of 2 Semester, when the complainant started his study for pursuing his course of B.Tech in 3^rd semester, he was selected in National Defense Academy and as such he made written request dt. 15.07.2013 to OP no.3 for refund of the deposited fee of Rs. 1,21,500/- for 3^rd Semester along with Rs. 20,000/- deposited as security. OPno.3 vide its letter dated 12.08.2013 informed him that his withdrawal from the B.Tech Course has been approved and refund of academic fee / security deposit will be processed as per rules and would be refund after adjusting any dues. It is further alleged by the complainant that vide letter dt. 23.09.2013 send by OP he received  a  cheque for sum of Rs.19,750/- towards refund of his deposit of Rs. 20,000/-, but  OP No.3 remained silent about the deduction of Rs. 250/- and non refund of the fees of Rs. 1,21,500/- as such through his letters dt. 13.01.2014 and 22.10.2013, he  again requested OP no. 3 to settle the dues and pay the fees deposited by him for 3^rd semester, but nothing has been heard from the OP and as such he sent legal notice to OP no.3 , but of no use. Complainant therefore, approached this Forum for the redressal of his grievances.

        Complaint has been contested by OP no.3. In its WS OP No.3 has taken the preliminary objection that complainant is not a consumer and the dispute involved in the present complaint is not a consumer dispute.

        Complainant filed his evidence by way of affidavit wherein, he has corborrated the contents of the complaint.

        This case was reserved for order on 28.05.2015, but thereafter on account of change of learned Members of the Forum order could not be pronounced and 04.08.2016, the matter was posted for re-arguments on 28.11.2016 and the arguments on behalf complainant were heard on 11.09.2017. We have gone through the written arguments filed on behalf of the parties, record of the case and relevant provisions of law. We are guided by the Hon’ble Apex court  Judgment where in the following order where passed:-

                The Hon’ble Supreme Court in SLP (Civil) No. 22532 of 2012 (P.T. Koshy & Ors. Vs. Allen Charitable Trust & Ors.) held that education is not in commodity. Educational Institutions are not providing any kind of service, therefore is matter of admission, fees etc. there cannot be a question of deficiency of service.  Such matter cannot be entertained by the Consumer Forum under the Consumer Protection Act, 1986.

        The complaint is accordingly not maintainable in this Forum. We, therefore, dismiss the complaint. However, the complainant is given liberty to seek redressal of grievance before any other Forum of Civil Court in accordance with law. So far as the question of limitation is concerned, complainant can take advantage of the decision rendered in Laxmi Engineering Works Vs. P.S.G. Industrial Institution 1995 (3) SCC 583.  

A copy of this order each be sent to both parties by post free of cost.

This final order be sent to server (www.confonet.nic.in ).

        The file be consigned to the record room.

Pronounced in open Forum on  _________________

 

(S K SARVARIA)

 PRESIDENT

 

 

 

                                                    (H M VYAS)                                               (NIPUR CHANDNA)

                                                     MEMBER                                                              MEMBER