ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 2531 OF 2016
(Against the judgment/order dated 27-08-2016 in Complaint Case
No. 206/2012 of the District Consumer Forum-II, Agra )
Agra Public School
H.O. Old Vijay Nagar Colony, Agra
Through its Principal Mahesh Chand Sharma
...Appellant
Vs.
01.Mast. Om Shankr Upadhyay
S/o Sri Chandra Shekhar Sharma
R/o C-521, Trans Yamuna Colony, Agra.
02.Dr. Maria Public School
Dr. Maria Residential Academy
Sikandra, Dehtora, Agra., Through its Principal
...Respondents
BEFORE:
HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT
HON’BLE MR. RAJENDRA SINGH, MEMBER
HON’BLE MR. SUSHIL KUMAR, MEMBER
For the Appellant : None appeared.
For the Respondent : Sri S K Srivastava, Advocate.
Dated : 16-10-2020
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT
This is an appeal filed under Section-15 of the Consumer Protection Act 1986 before this State Commission against the judgment and order dated 27-08-2016 passed by the District Consumer Commission-II, Agra in Complaint Case No. 206/2012 Master Om Shankar Upadhyaya V/s Agra Public School, H.O. Old Vijay Nagar Colony, Agra and another whereby the District Consumer Commission has allowed complaint and passed order in Hindi which is extracted below.
'' परिवादी का परिवाद विपक्षी संख्या 01 के विरूद्ध स्वीकार किया जाता है तथा विपक्षी संख्या 01 को आदेशित किया जाता है कि वह 150000/- (एक लाख पचास हजार रूपया) तथा उस पर परिवाद प्रस्तुत करने की तिथि से वास्तविक अदायगी तक 07 प्रतिशत साधारण वार्षिक ब्याज सहित परिवादी को
एक माह के अन्दर अदा करे। इसके अतिरिक्त वाद व्यय के रूप में 10000/-रू0 (दस हजार रूपया) परिवादी को विपक्षी संख्या 01 एक माह के अन्दर अदा करे।
विपक्षी संख्या 01 को आदेश दिया जाता है कि वह निर्णय/आदेश के दिनांक से एक माह के अन्दर उपरोक्त सम्पूर्ण धनराशि जिला फोरम द्वितीय आगरा में चैक अथवा ड्राफ्ट द्वारा जमा करे।''
Feeling aggrieved by the judgment and order passed by District Consumer Commission the opposite party No.01 of complaint has filed this appeal before this State Commission.
At the time of hearing none appeared for the appellant.
:2:
Learned Counsel Sri S K Srivastava appeared for respondent No.01.
None appeared for respondent No.02 despite sufficient service of notice.
We have heard learned Counsel for the respondent No.01 and perused impugned judgment and order as well as records.
In brief relevant facts for determination of appeal are that the respondent No.01 has filed above complaint before District Consumer Forum-II, Agra now the District Consumer Commission-II, Agra against appellant Agra Public School and respondent Dr. Maria Public School wherein it has been stated that the respondent No.01 Master Om Shanker Upadhyay was student of eleventh class in appellant school and was studying there with subject of computer science. He passed examination of eleventh class with computer science and he was promoted to class Twelve by appellant school. In Class Twelve also he studied in computer science. He paid Rs.14,400/- fees for computer science course to appellant school for two years.
In complaint it has been further stated by respondent No.01 that form for the examination of class twelve was filled by the teachers and officers of appellant school. The respondent No.01 was confident that the form has been correctly filled by the teachers and officers of the appellant school but when he appeared at Dr. Maria Public School, Agra; respondent No.02 for practical examination he was asked to appear in physical education instead of computer science and when he and his father requested appellant to take necessary steps for correction of subject, the officers of appellant threatened them and asked them to go away.
In complaint it has been stated by respondent No.01 that due to deficiency in service of appellant No.01 two valuable years of respondent No.01 were spoiled. Consequently feeling aggrieved respondent No.01 filed complaint before District Consumer Commission against appellant and respondent No.02 with following prayers.
- To direct the opposite party to refund whole the fees and other charges, which was received by them and incurred by the complainant as mentioned in the paras No. 3 & 4 of this complaint i.e. Rs.1,34,000/- alongwith interest @ 24% p.a. to the complainant.
(B)To award the compensation Rs.8,00,000/- to the complainant against opposite party.
(C)To award the expenses of this complaint to the complainant.
(D)Any other relief, which Hon’ble Forum deems fit and proper, may be pleased to award to the complainant against the opposite party.
Appellant as well as respondent No.02 appeared before District Consumer Commission and opposed complaint by filing written statements separately.
The District Consumer Commission after having gone through pleadings of parties as well as evidence on record allowed complaint and passed order extracted above.
:3:
Learned Counsel for the respondent No.01 submitted that the impugned judgment and order passed by District Consumer Commission is in accordance with law and evidence. Appeal has no merit.
We have considered the submission made by learned Counsel for the respondent.
In view of proposition laid down by Hon’ble National Commission in the judgment dated 20-01-2020 rendered in consumer Case No. 261 of 2012, Manu Solanki and others V/s Vinayaka Mission University and other cases of bunch, the respondent No.01 who is complainant in complaint is not a consumer as defined in Section 2(1)(d) of the Consumer Protection Act 1986 and the service provided by the appellant to respondent No.01 is not a service as defined in Section 2(1)(o) of the Consumer Protection Act 1986. As such the complaint is not maintainable under the Consumer Protection Act 1986.
In view of proposition laid down by Hon’ble National Commission in the above case the impugned judgment and order passed by District Consumer Commission is without jurisdiction and against law.
The appeal is allowed. The impugned judgment and order passed by District Consumer Commission is set aside and complaint is dismissed with liberty to respondent No.01 who is complainant in complaint to approach competent court or authority in accordance with law.
In appeal both parties shall bear their own costs.
Rs.25,000/- deposited under Section-15 of the Consumer Protection Act 1986 in this appeal shall be refunded to appellant alongwith interest accrued as per rules.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( RAJENDRA SINGH )
MEMBER
( SUSHIL KUMAR )
MEMBER
Pnt.
