Case No.220/2014

Santosh Kumar Chaudhary Vs School of Open Learning University of Delhi.

12.08.2014

Present:-  Complainant in person.

        Complainant has filed the present complaint against the O.P University alleging that he had taken admission in O.P University and has also deposited a fee.  However despite notices the O.P has not refunded his fees.  He has relied upon decision of Hon’ble National Commission reported as Bhartiya College of Agriculture  Vs  Sagar Sinha, Anil Kumar Sahu II (2014) CPJ 50 (NC).  However, in Maharshi Dayanand University Vs. Surjeet Kaur 2010(11) SCC 159 decided by Hon’ble Supreme Court on 19/07/2010 in Civil Appeal No.6807 of 2008 it has been held that the student is neither consumer nor the O.P University is rendering any kind of service nor the complaint involved question of any consumer dispute, therefore, the complaint is not maintainable before District Forum nor District Forum has any jurisdiction to entertain such complaint for refund of the fee.  This very view has been reiterated in P.T. Koshy & Anr. Vs. Ellen Charitable Trust & Ors. decided on 09/08/2012 in Civil Appeal No.22532/2012 decided by Hon’ble Supreme Court, where it has been following the judgment of Maharshi Dayanand University Vs. Surjeet Kaur (Supra) and it has been held that educational institutions are not providing any kind of service, therefore, matter of admission, fees etc. cannot be entertained by consumer forum under Consumer Protection Act.  In view of this authority this forum has no jurisdiction to entertain the present complaint since the complainant is neither consumer nor O.P University is a service provider nor the complaint involved any question of consumer dispute.  This forum has no jurisdiction to entertain the present complaint.  Complaint is, therefore, dismissed.  A copy of order be given to the parties.  File be consigned to record room.

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