Delhi

New Delhi

CC/631/2012

Rajendra Singh Bisht - Complainant(s)

Versus

M/S. Hope Hall Foundation School - Opp.Party(s)

02 May 2016

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./631/2012                                                                                   Dated:

           In the matter of:

RAJENDRA SINGH BISHT,

S/o Sh. Bhagwan Singh,

Residing at 640, Sarojini Nagar,

New Delhi-110023.

 

        ……..COMPLAINANT

 

VERSUS

         HOPE HALL FOUNDATION SCHOOL,

         Located at Sector VII,

         R.I. Puram,

         New Delhi-110022.

 

               .... OPPOSITE PARTY

 

ORDER  

        The complaint pertains to non-refund of school fees.  The complainant seeks relief in the Forum of refund of Rs. 35,165/- with 16% interest alonwith Rs. 10,000/- to be paid for harassment.

        In  nut shell the complainant has alleged in the complaint that he applied for admission of his son Sh. Tarun Singh Bisht in XI class on 12/7/2010 with the OP school in deposited Rs. 23,000/- on 9/7/10  and Rs. 12,165/- on 12/7/10.  Later on son of the complainant having qualify for admission in Kendriya Vidyalaya so the complainant did not want him to admit in OP school, so he applied for refund of the admission fee which was refused.

        Notice of complaint was issued to the OP but none appeared on behalf of the OP despite service so OP was proceeded with ex-parte on 13/12/12.  Thereafter complainant filed affidavit in ex-parte evidence and ex-parte arguments were heard and complaint reserved for final arguments. Later on the then Presiding Officer of this Forum resigned in November 2015 and one member of the District Forum had retired so the matter was again listed for re-arguments but none appeared for re-arguments on behalf of the complainant despite issuance of notice.

        We have perused record of the case and have gone through the relevant provisions of law.

        The question arises whether the provision of the Consumer Protection Act, 1986 are applicable to the education institute like school? In view of the decision of Hon'ble Supreme Court in Civil Appeal No 6807 of 20087 titled “ Maharashi Dayanand University Vs. Surjeet Kaur 2010 (11) SCC page 159 and subsequent decision of Hon'ble Supreme Court in SLP No. 22532/2012 titled as P.T. Koshy & Anr. Vs. Ellen Charitable Trust & Ors. decided  on 9.8.2012 wherein it was clarified that in Surjeet Kaur's case (supra) Hon'ble Supreme Court placing reliance on all earlier judgments has categorically held that education is not a commodity.   Educational institutions are not providing any kind of service, therefore, in matter of admission, fees etc. there cannot be a question of deficiency of service. Such matters cannot be entertained by the Consumer Forum under the Consumer Protection Act, 1986.

 

            In view of the law led down in P.T. Koshy’s case (supra) the present complaint is not maintainable and is dismissed.

 

Copy of the order be sent to the parties free of cost by registered post.  This order be sent to server (www.confonet.nic.in ).

File be consigned to record room.    

Pronounced in open Forum on 02.05.2016.

 

 

(S K SARVARIA)

PRESIDENT

 

                                                      (RITU GARODIA)                     (H M VYAS)

                                                          MEMBER                                 MEMBER