DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, LUCKNOW

CASE No.1042 of 2013

       Ashish Kumar,

       S/o Sri Avadh Lal,

       R/o Gram & Post-Aadampur, 

       Janubi, Nagram, Lucknow.

                                                                    ……Complainant

Versus

                  Sri Ram Swaroop Memorial College of Engineering &

                  Management, Lucknow

                  (Memorial Group of Professional College) Tiwariganj,

                   Faizabad Road, Lucknow-227105.

                   Through Director/ Competent Officer.

                                                                               .......Opp. Party

Present:-

Sri Vijai Varma, President.

Smt. Anju Awasthy, Member.

Sri Rajarshi Shukla, Member.

JUDGMENT

This complaint has been filed by the Complainant against the OP for refund of fees of Rs.60,000.00 and for compensation etc.

          The case in brief of the Complainant is that for MBA he had appeared in the entrance examination of professional/technical courses organised by GBTU on which he got a college Ram Swaroop Memorial College of Engineering and Management, Lucknow in counselling on 25.07.2013 and by depositing Rs.10,000.00 he got admission. Thereafter on 05.08.2013 the Complainant had deposited Rs.50,000.00 as fees. The Complainant also attended the regular classes of MBA for one month. After one month the Complainant was informed that he got less than 50% marks in graduation, hence his admission would be cancelled and vide letter dated 12.09.2013 the admission of the Complainant was cancelled by the OPs on which the Complainant asked for refund of the fees but the OPs did not refund the fees, hence this complaint for refund of fees etc.

-2-

          The OP has filed the WS wherein they have refuted the contention of the Complainant.

          As per the judgment of the Hon’ble NCDRC in III (2014) CPJ 120 (NC) Regional Institute of Cooperative Management Vs Naveen Kumar Chaudhary & others wherein it has been held that the educational institutions are not the service providers and the students did not come within the purview of the definition of consumer under the Consumer Protection Act. In P.T. Koshy & Anr. Vs Ellen Charitable Trust and Ors. it has been held by the Hon’ble Supreme Court that “In Maharshi Dayanand University Vs Surjeet Kaur 2010 (11) SCC 159 wherein this 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 the 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.”

          From the facts of the instant case, it is clear that this case relates to the refund of fees and as per the aforesaid judgments it is abundantly clear that the OP being educational institutions, are not service provider in a case involving refund of fees etc. and therefore this complaint is not maintainable under the Consumer Protection Act in this Forum. Therefore, this complaint is liable to be dismissed. However, the Complainant can seek remedy before the appropriate Forum or Civil Court as per law.

ORDER

          The complaint is dismissed.

The parties to bear their own costs.

(Rajarshi Shukla)     (Anju Awasthy)                   (Vijai Varma)

       Member                     Member                    President   

Dated:  8   June, 2015