THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
I.A.162/16 in C.C.307/2010
Dated this the 15th day of April 2016.
( Present: Smt.Rose Jose, B.Sc., LLB. : President)
Smt.Beena Joseph, : Member
Sri.Joseph Mathew, B.A, LLB : Member
ORDER
Present: Joseph Mathew, Member:
This petition is filed under Section 12 of Consumer Protection Act.1986.
Petitioner is a Diploma holder in Wood and paper Technology. The OP No.1 is the Manager of OP2 and OP3 is the branch of OPNo.2. The Opposite parties are conducting Diploma Course in Fire & Safety Engineering. The petitioner is so aspirant and keen to join Defense service in India, very especially as Fireman. His case is that the 3rd OP falsely represented that their institution is the one and only institution in India having State and Central Govt. approval for Diploma in fire and Safety Engineering Course and it has got affiliation with Sikkim Manipal University of Health, Medical and Technological Sciences and also a member of the Indian Society for Technical Education. They also assured that the Diploma in fire & Safety course from their Institute is good enough to fetch job in relevant arena in both governmental service and defense service in India and even abroad.
Believing these assurance he had joined for the Diploma Course in fire and Safety Engineering with the OP after paying Rs.32000/- as the course fee. It is submitted that with their assistance he had availed an educational loan for Rs.32000/- having interest rate at 13% per annum from the south Malabar Grammin Bank, Edachery branch. He had passed the course on 02.02.2008 and thereafter he went to Dubai, U.A.E in search of job. While he was at Dubai he received interview card to the post of Fireman Grade-II in Ordnance Factories, Chanda. He attended the interview and succeeded whole tests as to Fireman Grade-II.
It is further submitted that, the General Manager Ordnance Factories Chanda cancelled his candidature for that post due to the reason that as per the intimation from the 3rd opposite party the N.I. F.E.Vatakara is a Privately run training centre and does not have any governmental approval from State or central Govt. According to the petitioner the intimation in this regard is transmitted to the Manager Ordnance Factories by the 3rd OP and it was against their assurance and promise that the Course is having both State and Central Govt. approval. The said act of the Opposite parties are unfair trade practice and also deficiency in service on their side and that resulted unlawful gain to the opposite parties and loss to the petitioner. This caused much hardships and other difficulties to him. Hence this petition seeking reliefs.
The opposite parties in their version contended that this petition is not maintainable either in law or on facts of the case. It is admitted that the petitioner had successfully completed the course of Fire & Safety conducted by them. It is submitted that they have neither represented to the petitioner or his father nor anywhere in the advertisement or brochure issued by them claimed that the course conducting by them had approval from State or Central Govt. The averment of the petitioner against this was denied by them. They have not in any way involved in the loan availed by the petitioner as alleged. They have never advised the petitioner to apply for job in Defense service on the strength of the certificate issued by the 1st and 2nd opposite parties. According to them the petitioner had come out successful in the test conducted by the Ordnance Factories is by virtue of the training undergone by him at their institute. More over it is stated that the petitioner had no grievance regarding the nature of the training imparted by them. NIFE is an approved learning centre of Sikkim Manipal University of Health, Medical & Technological Science. They have not made any wrongful gain claiming to be an approved learning Centre of the State or Central Govt.
All other allegations of the petitioner was denied by the opposite parties as false and baseless. They have not cheated him by any fraudulent misrepresentation as alleged and the petitioner has not suffered any hardships on account of any of their act. This petition is filed only an experimental basis to extract money from them. There is no deficiency in service on their side as alleged and hence prayed to dismiss the petition with cost to them.
Evidence consists of the affidavits filed by both the parties, Exts.A1 to A9, B1 to B4 and deposition of PW1.
During the pendency of this petition the opposite parties filed IA.162/16 questioning the maintainability of this petition before this forum. According to them the petitioner as a student is not a consumer as per Sec.2(1)d of Consumer Protection Act and as such this petition is not maintainable before this Forum. So we have taken this aspect as a preliminary issue for decision before going to the merits of the original petition. They invited our attention to the decision taken by the Hon’ble National Commission in Regional Institute of Co-operative Management Vs.Naveen Kumar Chaudhary 2014(3) CPR152(NC). In this case the Hon’ble N.C. Placed reliance on the decisions taken by the Hon’ble Supreme Court in Bihar School Examination Board Vs.Suresh Prasad Sinha and P.T.Koshy &Anr Vs Ellan Charitable Trust & Ors . in Civil appeal No.22532/2012 decided on 09.08.2012. In this case it was held by the Hon’ble SC that” In view of the judgment of this Court in Maharshi Dayanand University Vs. surjeet Kaur 2010(II)SCC 159-2010(2) CPC696(SC) 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 the matter of admission, fees etc. there can not be a question of deficiency of service. Such matters can not be entertained by the Consumer Forum under the C.P.Act 1986.”
Based on the decision of the Hon’ble SC in cases cited Supra, the Hon’ble N.C. dismissed the special leave petition in Regional Institute of Co-operative Management Vs.Naveen Kumar Chaudhary.
We are also bound by the decisions of the Hon’ble N.C. and the Apex Court. Hence relying on the above cited decision it is found that the original petition No.C.C.307/2010 is not maintainable before this Forum. As such we are not going to the merits of the original petition
In the result the I.A is allowed and the original petition.C.C.307/2010 is dismissed as not maintainable before this Forum. No order as to cost.
Dated this the 15th day of April 2016.
Date of filing:20.08.2010.
SD/-MEMBER SD/-PRESIDENT SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1.Power of Attorney executed by Sanoop.A.K.Dtd.26.05.2010.
A2. Prospectus issued by NIFE, Cochin.
A3. Passbook issued by South Malabar Gramin Bank, Edachery dtd.01.08.2007.
A4. Certificate as to Diploma in Fire and safety Engineering, Cochin dtd.20.02.2008.
A5. Transcript of Grades as to Diploma in Fire and Safety Engineering dtd.20.02.2008.
A6. Photocopy of passport No.H16 16 4 18)issued by Passport office, Kozhikode dtd.18.12.08.
A7. Registered letter issued by General Manager, Govt. of India, Ministry of Defence, Indian
ordnance Factory, Chanda, Maharashtra dtd.10.04.10.
A8. Lawyer notice with postal receipt(3 in Nos) Acknowledgement card(3 in Nos) dtd.07.06.10.
A9. Reply Lawyer notice dtd.24.06.2010.
Documents exhibited for the opposite party:
B1.Received original Diploma certificate from the institute is endorsed by the complainant in the
records of the opposite party and the copy of the same is produced.
B2. Terms and conditions contained in the prospectus.
B3. Application for admission of the complainant issued by NIFE.
B4. Certificate issued by Sikkim Manipal University dtd.12.05.2009.
Witness examined for the complainant:
PW1. Sadanandan (Father of the complainant)
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
