NIPUR CHANDNA, MEMBER
ORDER
01.05.2023
The present complaint case is on admission stage. The present complaint is filed by the complainant who is father of Sh. Akshay Kumar, who got admission with OP University in B.Tech CSE-AI vide admission No. 20210467 and Enrolment no. 200020223017. It is alleged by the complaint that on demand of OP-1 he paid 3rd semester fees of Rs. 1,25,000/- vide receipt dated 29.09.2021 as a tuition fee. He further paid a sum of Rs. 25,000/- as admission fee and a sum of Rs. 25,000/- as security refundable by OP-1. It is alleged that the son of the complainant was not able to continue the study with OP as he was not comfortable to study through V.C mode. It is further submitted that the son of the complainant faced various difficulties and was not able to understand lectures for which the complainant lodged various complainants with OP but of no use. Being aggrieved by the conduct of OP complainant approached OP and requested to refund the amount deposited by him. Despite his various visits and follow up OP refund only security amount of Rs. 25,000/- and unlawfully gulf the entire fees deposit with it. The complainant approached this Commission with the prayer to direct OP to refund the balance amount deposited by him along with cost of Rs. 50,000/- for pain and mental agony suffered by him with litigation cost of Rs. 20,000/-.
We have heard the arguments advance at the bar on admissibility of the present complaint. File perused.
Admittedly, the complainant has filed the present complaint seeking the refund of fees, interest, compensation etc. This Commission does not have the jurisdiction to try and adjudicate the present dispute between the parties as the education is not a commodity. Reliance has been placed upon the judgement of Hon. Supreme Court in P.T. Koshy & Anr. Vs. Ellen Charitable Trust, SLP(Civil) No. 22532/2012, vide judgment dated 09.08.2012.
In the present case, the complainant is neither a consumer nor the OP University is the service provider and the dispute involved in the present complaint is not a consumer dispute.
In view of the above discussion we are of the considered opinion that complainant is not a consumer and the present complaint is not maintainable before this Commission. Moreover the present complaint has been filed by one Sh. Sunil Kumar. The complainant failed to justify his locus standi for filing the present complaint as the complainant is not the student of OP University against whom the relief has been claimed. The present complaint is therefore, hereby dismissed on two counts one is of the locus standi and second is the present dispute is not a consumer dispute and complainant does not fall within the definition of consumer with liberty to the complainant to approach appropriate court as per law.
This final order be sent to server (www.confonet.nic.in). A copy each of this order each be sent to both parties free of cost by post. File be consigned to Record Room.
Announced in open Forum on 01.05.2023.
( SANJAY KUMAR ) (NIPUR CHANDNA )
PRESIDENT MEMBER
