Consumer Complaint No.168 of 2014

Date of filing: 08.09.2014                                                             Date of disposal: 08.12.2014

Complainant: Swapan Jana, resident of Vill. +Post-Gholepukuria, P.S.-Nandigram, Dist.-Purba

                           Medinipur, Pin-721650.

-VERSUS-

Opposite Party: 1.  Sarva Shikha Charitable Trust, 60, B.B.Ghosh Road, Jailkhana

                                   More, Bardhaman, Arcade (5^th Floor), Dist.-Burdwan, Pin-713101,

                                   service through its Branch Manager.

                              2. The Principal, St. Paul College of Education, having its office at 1, 2^nd Main

                                   Road, BDA Layout, Parshnath Nagar (Pattegarapalya), Vijayanagar west,

                                   Bangalore-560079, Karnataka State, India.

                              3. Bangalore University, service through its Vice Chancellor, having its office

                                  at Jnana Bharathi Campus, Mysore Road, Bangalore-560056.

Present :  Hon’ble President: Sri Udayan Mukhopadhyay

    Hon’ble Member :  Sri Durga Sankar Das

   Hon’ble Member :  Smt. Silpi Majumder.

Appeared for the Complainant: Sanyuk Banerjee.

Appeared for the Opposite Party No.1:  Ld. Advocate Subrata Ghosh.

Appeared for the Opposite Party No.2:  Ld. Advocate H.S.Sakalesh Aradhya.

Appeared for the Opposite Party No.3:  None.

Order No.05, Dated: 08.12.2014

Today is fixed for filing written version by O.P. No.1 and SR & Appearance of O.P. No.3.  Complainant and O.P. No.1 are files hazira.  This case is against the educational institution. So, in view of the judgment of the Hon’ble National Commission being No.4620 of 2012, wherein we find that Hon’ble National Commission has mentioned that the judgment of Hon’ble Supreme Court being Revision Petition No.605/2012 in the matter of P.T.Koshy and Anr. Vs. Ellen Charitable Trust and Ors. has observed that “in view of the judgment of this court in Maharshi Dayanand University Vs. Surjeet Kaour 2010(II) SSC page-159, wherein Hon’ble National Commission placed reliance from earlier judgment and has categorically held that education is not a commodity.  Educational Institution are not providing any kind of service, therefore,  in matter of admission, fees, etc., there cannot be a question of deficiency of service, such matter cannot be entertained by the Consumer Forum under the C.P. Act, 1986. 

            In view of the discussion above, we are of the opinion that this Forum has no jurisdiction to entertain this type of dispute against the educational institution.  Hence it is

ORDERED

that the case be and the same is dismissed on contest without going into the merit of the case in the light of the discussion made in above.  Let the plain copy of this order be handed over all the parties free of cost.

                    (Udayan Mukhopadhyay)        

             Dictated and corrected by me.                                                           President       

                                                                                                                    D.C.D.R.F., Burdwan

                  (Udayan Mukhopadhyay)             

                           President

                   D.C.D.R.F., Burdwan

              (Silpi Majumder)                                                              (Durga Sankar Das)

                    Member                                                                            Member    

            D.C.D.R.F., Burdwan                                                          D.C.D.R.F., Burdwan