Chandigarh

DF-II

CC/608/2021

Sidhant Gupta - Complainant(s)

Versus

Panjab University - Opp.Party(s)

In Person

01 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	608/2021
Date of Institution	:	14.09.2021
Date of Decision	:	01.11.2023

 

                     

            

 

Sidhant Gupta, H.No.1121-A, Sector 24-B, Chandigarh

 

                 ...  Complainant.

Versus

1.  Panjab University through its Vice Chancellor, Sector 14, Chandigarh -160014.

 

2.  Panjab University through its Registrar, Sector 14, Chandigarh -160014.

…. Opposite Parties

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
Present:-
	Complainant in person. Sh.Ajay Sood, Counsel for OPs.

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant has filed the present complaint pleading that he filled up the Entrance Examination Form of PU-CET P.G. (2020) for the admission in course of LL.M. in OPs- University (Annexure- C-I)  by paying Rs.2175 as fee for Entrance Test (Annexure-C2), which was to be conducted on 9-10^th.10.2020. On 30.09.2020, the OPs-University made a press release stating that due to COVID-19 Pandemic situation, the Panjab University has scrapped all the entrance tests i.e. PU-CET (P.G.) and also stated that all the registered candidates for PU-CET (P.G.) have to fill the Admission Form by 15th October 2020 for consideration in the Admission process. (Annexure-C3). Subsequently the OPs-University opened up the admission form for all the students to fill up the PU-CET (2020) and also extended the date to fill up the Entrance examination form till 21^st October 2020 and also extended the date for filling the admission form till 22^nd October 2020. But they never opened up the portal for those who wanted to withdraw their application form due to change in the admission process. (Annexure-C4). The complainant wrote email dated 13.10.2020 to the OPs for refund the amount of Entrance Examination Form to which he received the reply from the university on 14/10/2020 stating that "The fee for the entrance test once paid shall not be refunded/ transferred/ adjusted(Annexure-C5). The complainant raised the complaint with National Consumer Helpline with Complaint No. 2354665 (Annexure-C6) and the notice was also sent to the OPs but failed to yield any response. He also raised the complaint GRIEVANCE- STU-2020-63999-1 with Online Student Grievance Redressal Portal, against the OP No.1 and on 18/11/2020, he got the reply stating that "The decision of change was taken due to COVID-19 problems faced by the country. However, the grievance of the student has been sent to the COE, PU for immediate reply." (Annexure-C8). On 31.12.2020, he received response from the OPs through email stating as under:-

“This is for your information that regarding refund of entrance test fee- discussion in this matter is still awaited as it is under consideration." But till now 9 months has passed from this reply but no action has been taken by university with regard to the refund of the entrance exam fee.(Annexure-C14)”

 

         Thereafter, he sent e-mail to the OPs on 08.07.2021 but he did not get any response. It has been averred that OPs did not conducted the entrance exam despite the fruitful efforts made by many other universities for conducting the exams like NLUD, DELHI UNIVERSITY, CLAT, AIL and many other universities. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to refund the entrance fee along with interest, compensation for mental agony and physical harassment as well as litigation expenses.

2.      After service of notice upon the OPs, they appeared before this Commission and admitted the factual matrix of the case. However, the OPs took preliminary objections inter alia that the complainant has no locus standi to file the complainant and the Commission has got no jurisdiction to entertain and try the present complaint. It has further been stated that the complaint is liable to be dismissed in view of the judgments of the Hon’ble Punjab and Haryana High Court passed in CWP No.20899/2020 –Ayush Vs. UOI and Others and  CWP No.18893/2020-Anirudh Sharma Vs. Panjab University, Chandigarh.  It was clearly stated in the prospectus (Annexure P-1) that PU-CET (PG) fee is non-refundable.   It has further been stated that as per General rules, in no case, the fee for the “PU-CET (PG)2020 once paid shall be refunded/transferred/adjusted. Since the power of university to scrap the entrance examination has been upheld, no case is made out to give direction to return/refund the fee paid by the complainant for purchase of application form. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, the OPs prayed for dismissal of the complaint.

2.     The parties filed their respective affidavits and documents in support of their case.
3.     We have heard the complainant in person, Counsel for the OPs and have gone through the documents on record.
4.     The only issue involved in the present case is whether the complaint filed by the complainant is maintainable before the Commission in view of the judgments of the Hon’ble Supreme Court of India i.e. Maharishi Dayanand University v. Surjeet Kaur, 2010 (11) SCC, PT Koshy & Anr. v. Ellen Charitable Trust & Ors., 2012 (3) CPC 615 (SC) and the judgment of the Hon’ble Punjab and Haryana High Court passed in CWP No.20899/2020 –Ayush Vs. UOI and Others or not?
5.     In order to find out answer to the above mentioned issue, it is necessary to discuss the following judgments.
6.     In the judgment dated 12.01.2021 titled as CWP No.20899/2020 –Ayush Vs. UOI and Others, the Hon’ble Punjab and Haryana High Court has held as under:-

“After going through the contents of the writ petition and the written statement, at the outset, reference can be made to the judgment passed in Chiraag Malli's case (supra). In this case, the Division Bench has examined, in detail, the issue with regard to the decision of the University to scrap the entrance examination. After going through the minutes of meeting and the rules framed by Bar Council of India, the Division bench held that there was no mandate for holding of an entrance test for admitting students to the courses leading to the conferment of degree in law. It was further held that due to the prevailing COVID-19 pandemic, being an exceptional, unexpected and peculiar circumstance, the opinion formed by the Committee, constituted by the respondent-University, for scrapping the entrance examination does not call for any interference by the Court. Thereafter, a Division Bench of this Court in Anirudh Sharma's case (supra), has dismissed a petition, whereby direction was being sought to the University to take steps for conducting PU-CET (PG) entrance test for LL.M. or in the alternative return the examination fee charged from the petitioner (therein) for the purpose of conducting the examination. The said petition was dismissed keeping in view the judgment passed in Chiraag Malli's case (supra).

In view of the judgments passed in Chiraag Mali and Anirudh Sharma's cases (supra), no case for giving direction to the respondent University to return the examination fee is made out. Moreover, it is clearly stated in the prospectus (Annexure P-1) as under:-

 

“PU-CET (PG) FEE (Non-Refundable)

General Category : Rs.2175/-

SC/ST/PwD category    : Rs.1088/-

Additional Subject    :Rs.575/- per                           additional subject”

 

Further, as per General Rules, as reproduced above, in no case, the fee for the PU-CET (P.G.) 2020 once paid, shall be refunded/transferred/adjusted. Since power of the University to scrap the entrance examination has been upheld, no case is made out to give direction to the respondent-University to return/refund the fee paid by the petitioner for purchase of the application form.

 

No merits. Dismissed.

 

(RITU BAHRI)

12.01.2021                         JUDGE”

 

7.     In the present case also, the complainant has sought the refund of Rs.2,175/- paid as fee for Entrance Test to be conducted by the Panjab University, which was subsequently scrapped vide press release dated 30.09.2020 (Annexure C-3). In view of the aforesaid decision of the Hon’ble High Court, we have no hesitation to observe that since the power of the University to scrap the entrance examination has been upheld, no case is made out to give direction to the University to return/refund the fee paid by the complainant.
8.     Otherwise also, in the case Maharishi Dayanand University v. Surjeet Kaur, 2010 (11) SCC 159, the Hon'ble Supreme Court examined in detail the jurisdiction of the Consumer Fora to entertain a complaint with respect to deficiency of service by Educational Institutions and held that they are not service providers and a student who takes an examination is not a "consumer", under the Consumer Protection Act, 1986. The decision was followed in the case PT Koshy & Anr. v. Ellen Charitable Trust & Ors., 2012 (3) CPC 615 (SC), whereby it has been 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.
9.     The principle of law settled in the aforesaid judgments is squarely applicable to the facts and circumstances of the complaint in hand. Thus, it is held that the complaint is not maintainable.   
10.     In view of the above discussion, the present complaint is dismissed being not maintainable before this Commission, with no order as to costs.
11.     The pending application(s) if any, stands disposed of accordingly.
12.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission  01.11.2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER