30/04/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This Appeal is directed against the judgment and order passed by Learned District Forum, Barasat, North 24-Paraganas in case no.CC 275 of 2012 allowing the complaint and directing the OP No.1 to refund the amount of Rs.23,022/- to the Complainant within one month from the date of order and also to pay litigation cost of Rs.6,000/-. 

            The case of the Complainant/Respondent, in short, is that her son Sri Soumyarup Halder applied for admission in Class-XI in science in the OP No.1.  The Complainant had deposited Rs.25,580/- for the admission of her son against proper money receipt.  The Complainant’s son was studying in a school at Burdwan and the session was going on in the said school and as the examination was forthcoming, the Complainant could not get the transfer certificate from the school at Burdwan and was unable to submit the transfer certificate for the admission of her son in the OP No.1.  The Complainant issued a letter to the OP No.1 on 07/09/11 for the refund of the entire sum of Rs.25,580/-, but to no effect.  The Complainant served legal notice upon OP No.1 and thereafter the complaint was filed before the Learned District Forum. 

            The Learned Counsel for the Appellant has submitted that the son of the Complainant was admitted in the Appellant school subject to filing of transfer certificate.  It is submitted that the OP/Appellant had sent reply against the letter sent by the Complainant praying for refund of the fees.  It is contended that once the admission is confirmed the Complainant cannot get refund of the sum of admission.  It is submitted that admission cannot be cancelled as asked for.  It is submitted that the complaint case is not maintainable. 

            The Learned Counsel for the Respondent has submitted that the Complainant’s son did not attend the class and the admission was made subject to filing of transfer certificate.  It is contended that no registration was done in the OP/Appellant’s school.

            We have heard the submission made by both sides and perused the materials on record.  The Complainant has prayed for refund of fees on the ground that the transfer certificate from Burdwan could not be obtained and her son did not attend any class in the OP Institution.  The Hon'ble Apex Court in SLP No.22532/2012 [P. T. Koshy & Anr. vs. Ellen Charitable Trust & Ors.] held as follows:

“In view of the judgment of this Court 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 matter of admission, fees etc., there cannot be a question of deficiency in service.  Such matters cannot be entertained by the Consumer Forum under the Consumer Protection Act, 1986.”

It has been clearly laid down that education is not a commodity and educational institutions are not providing any kind of service and that in the matter of admission fees etc. there cannot be a question of deficiency in service.  The instant case being one with the prayer for refund of fees would not come within the purview of C. P. Act, 1986.  The Complainant, therefore, is not entitled to get any relief.  The Learned District Forum was not justified in allowing the complaint. 

            The Appeal is allowed.  We set aside the impugned judgment and order.  The petition of complaint is dismissed.