Delhi

East Delhi

CC/729/2014

K.C KHATTAR - Complainant(s)

Versus

VIDYA MANDIR SCHOOL - Opp.Party(s)

07 Oct 2015

ORDER

CC No.729/2014

K.C.Khattar vs. The Principal, Nutan Vidya Mandir School

18/01/2016

Heard the Arguments and perused the record.

During the course of arguments the respondent has orally challenged the maintainability of the present complaint before the Consumer Forum in view of the Hon’ble Supreme Court Judgment in Civil Appeal No. 22532/2012 in the matter titled P .T. Koshy & Anr. Vs. Ellen Charitable Trust & Ors decided on 09/08/2012 on the ground that it being an educational institution is squarely covered by the said judgment and the Consumer Forum has no jurisdiction to entertain the present complaint.  Though this plea has not been taken up prior to the stage of oral arguments by the respondent in its pleadings, in the interest of justice and to decide the matter in a fair & judicious manner we will adjudicate upon the question prior to deciding this complaint on merits.  It is pertinent to mention here that in so far as the question raised by the respondent regarding the maintainability of this complaint is concerned, suffice will be to say that the judgment of P .T. Koshy & Anr. Vs. Ellen Charitable Trust & Ors (Supra) is only applicable to educational institutions that are regulated by statutory bodies like the All India Council of Technical Education (AICTE), Universities, Secondary School Board etc. and are related to delivery of education as a part of the curriculum that has been prescribed for obtaining a qualification prescribed by law.  The present complaint has been filed against the respondent school which is an educational institution regulated by the State Board for Schools, a statutory body,  and it  is related to delivery of education as a part of the curriculum that has been prescribed for obtaining a qualification prescribed by law. As such the respondent, being an educational institution, is squarely covered by the judgment of P .T. Koshy & Anr. Vs.  Ellen Charitable Trust & Ors (Supra).  Taking into consideration the observations & discussion made supra, the present complaint is not maintainable before the Consumer Forum under the The Consumer Protection Act, 1986 and is returned to the complainant for filing it before a court of competent jurisdiction, if so advised.

File be consigned to the R/R.