Punjab

Ludhiana

CC/22/293

HIMANI BHAT - Complainant(s)

Versus

PRINCIPAL, BABA JASWANT SINGH DENTAL COLLEGE LUDHIANA PUNJAB - Opp.Party(s)

26 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 293 dated  26.07.2022                                                       Date of decision: 26.08.2022. 

 

Himani Bhatt, age 27 yeas D/o. Sh. Dalip Kumar Bhatt, R/o. Lane 2/2, Block B, Roop Nagar Enclave, Jammu (J&K) 180013        .                                                                                                                                      ..…Complainant

                                                Versus

1. Principal, Baba Jaswant Singh Dental College & Research, Chandigarh Road, Ludhiana, Punjab.
2. Vice Chancellor, Baba Farid University of Health Sciences, Faridkot, Punjab.                                                                                                                                                                      …..Opposite parties 

                   Complaint Under Section 35 of the Consumer Protection Act.

 

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         None.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                None has been appearing in this case on behalf of the complainant. Even otherwise, the complaint was received through post.

2.                We have gone through the record.

3.                As per allegations made in the complaint, the complainant was a student of BDS with OP1 College from 2014 to 2019. The complainant had deposited a refundable security of Rs.23,500/- vide receipt No.12295 dated 11.09.2014 which has not been refunded by the OPs though a period of two years has passed after the complainant passed out.

4.                Having gone through the record, we are of the considered view that by way of this complaint, the complainant is claiming herself to be a consumer being a student of the OPs. She passed the course of BDS from OP1 college which is affiliated with OP2 University i.e. Baba Farid University of Health Sciences, Faridkot, Punjab. However, in Manu Solanki & Others Vs Vinayaka Mission University I(2020) CPJ-210 (NC) it has been held by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi that education is not a commodity and further that the educational institutions are not providing any kind of service and, therefore, in the matter of admission, fees etc. there cannot be a question of deficiency of service. It has further been held that any defect/deficiency in conferring of a degree/diploma, marks, certificates which may arise during course of imparting of education does not fall within purview of Consumer Protection Act. The Hon’ble National Commission has further held that only exception is coaching centers. However, the OPs are a college and university, primarily meant for imparting education cannot be said to be providing services to the student. Therefore, the complainant being a student cannot be said to be a consumer nor can it be envisaged that the OPs have been providing any kind of services to the complainant. Therefore, in our considered view, the complainant in the capacity of a student/ex-student is not covered under the definition of consumer qua the OPs. That being so, the complaint cannot be proceeded with any further and is liable to be dismissed.

5.                In these circumstances, in our considered view, the complaint does not deserve to be proceeded with any further and is hereby summarily dismissed. It is ordered accordingly. Copies of order be supplied to complainant free of costs as per rules.     

6.                File be indexed and consigned to record room.

 

                              (Jaswinder singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:26.08.2022.

Gobind Ram

Himani Bhatt Vs Baba Jaswant Singh Dental College            CC/22/293

Present:       None for the complainant.

                   None has turned up for the complainant today also.

                   Record perused. Vide separate detailed order of today, the complaint is dismissed being not maintainable. Copies of order be supplied to complainant free of costs as per rules. File be indexed and consigned to record room but after registering the same.

 

(Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:26.08.2022.

Gobind Ram