Punjab

Ludhiana

CC/24/91

Kunal Kumar - Complainant(s)

Versus

Sri Sukhmani College of Law - Opp.Party(s)

complaint in person

21 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 91 dated 02.02.2024.                                                Date of decision: 21.02.2024.

 

Kunal Kumar S/o. Sh. Sat Pal (57, Friends Colony, Pakhowal Road, Vill. Daad, Ludhiana) 142022.                                                                                                                                                                                   ..…Complainant 

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1. SRI Sukhmani College of Law, through its Director/S, Principal & Regd. Office Saraswati Vihar, Dera Bassi, District Mohali.
2. Punjabi University, Patiala through its Vide Chancellor/Principal & Regd. Address Rajpura Road, Patiala.147002.
3. Ministry of Education Punjab through its Education Secretary, Room No.35, 7^th Floor, Punjab Civil Sectt., Sector-1, Chandigarh.160001.

                                                                                      …..Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Kunal Kumar in person.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                The complainant has invoked the jurisdiction of this Commission by filing the present complaint alleging therein that in May 2023, he gone through the advertisement  of OP college regarding vacant seat in BA-LB 1^st year claimed to be affiliated with Punjabi University, Patiala, the complainant made enquiry regarding fee and eligibility for getting admission in their college. As the complainant had cleared his BA in the year 1997 from Kurukshetra University, Kurukshetra and there was a gap of around 26 years, but OP college replied him in positive for admission. The complainant stated that on 17.07.2023, he visited said college and met with one Mr. Manjinder Singh who assured the complainant with best facilities to be provided by their college and believing his assurances, the complainant transferred Rs.25,500/- in OP college account with PNB Bank from his SBI Bank saving account No.38473996373. The complainant claimed to have got receipt No.1025 dated 19.07.2023 instead of 17.07.2023 in which his name Kunal S/o. Satpal, name of course year and Semester year was written along with UPI number  and amount received regarding Ist semester, the detail of which is reproduced as under:-

          1. Registration Fees

          2. Admission Fees

          3. Tuition Fees

          4. One Time Charges

          5. Development Charges

          6. Library Fees

          7. Computer Charges     

          8. Activity Fee

          9. Alumini Association  

          10. University Fee

          11. ……. Plain

          12. ……. Plain

The complainant further stated that the staff of OP college bounded him illegally to pay examination fees of Rs.5400/-, which he paid on 18.10.2023 through UPI system but till date no receipt was issued by them. However, the college demanded his original graduation degree, mark sheet which he submitted with OP College and applied him for exam after illegally getting fees from the complainant. The complainant was harassed by the college staff by sending multiple messages/calls despite the assurance of Mr. Sandhu regarding not charging any amount from him except Rs.25,500/- and told the complainant that they have terminated the services of Mr. Sandhu. The complainant further stated that Punjabi University fixed Ist Semester exams w.e.f. 11.01.2024 to 20.01.2024 and his centre was fixed at Divya Shiksha Gurukul College of Education, Lalru. Even the OP College asked the complainant to deposit next semester fees before start of Ist semester exams and then the admit card and identity card will be given.  On refusal of providing admit card and identity card the complainant got successful to download the same from website of Punjabi University but he was stopped to enter the examination centre at main gate by college staff. The complainant tried to contact officials of Punjabi University, Patiala on helpline number but to no effect. However, on 16.01.2024, the Principal of college sent a message to the complainant to deposit the fees after some time/days and he can collect admit card and identity card, which he got the same on his whatsapp number. The complainant further stated that he failed to sit in Ist semester exams due to negligence of college due to which he has suffered harassment. In the end, the complainant has prayed for issuing direction to the Ops to rearrange Ist Semester exams for him at centre convenient to the complainant without any charges and also to pay RS.3,50,000/- as compensation besides refund the examination charges of Rs.5400/-.

2.                Having gone through the record, we are of the considered view that by way of this complaint, the complainant is claiming himself to be a consumer being a student of the OP1 college, affiliated with OP2 University. In this complaint, the complainant has prayed for refund of examination fees of Rs.5400/- and for rearranging his Ist semester exams. 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 the 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 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.

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

 

(Monika Bhagat)                                (Sanjeev Batra)           Member                                             President 

 

Announced in Open Commission.

Dated:21.02.2024.

Gobind Ram.