State Consumer Disputes Redressal Commission
Netaji Subhash Institute Of Technology vs Vipil Kr. Tyagi on 15 January, 2016
Daily Order IN THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision: 15.01.2016. Appeal No.825/12 (Arising out of the order dated 23.05.2012 passed in Complaint Case No.DF-VII/96/2010/6769 by the District Consumer Redressal Forum-VII, Delhi.) In the matter of: Netaji Subash Institute of Technology, Azad Hind Fauz Marg, Sector-3, Dwarks, New Delhi-1100078. Through its Dean (P.G.)/H.O.O. .............Appellant Versus Vipin Kumar Tyagi, Village & Post Office Dhanaura, Tehsil-Hapur, District-Ghaziabad, Uttar Pradesh-245101. ........Respondent CORAM O. P. Gupta, Member (Judicial) S. C. Jain, Member
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
O.P. Gupta, Member (Judicial) Being aggrieved by order dated 23.05.2012 passed by District Forum-VII, OP has come in present appeal. The complainant/respondent herein filed a complaint on the ground that he was enrolled in M.Tech Signal Processing full time course for the Session 2005-06 and paid Rs.27,000/- including Rs.2000/- as examination fee. Another Rs.2000/- were charged as thesis fee. There was no theory or practical examination for the 2nd year of M.Tech course. Hence, complainant requested for refund of Rs.2000/- charged in excess. He also prayed for compensation for mental tension, physical torture.
The OP contested the case stating that Rs.2000/- paid at the time of admission were examination fee and not thesis fee. When the complainant submitted thesis for 2nd year, he had to deposit Rs.2000/- as thesis fee. It relied upon the norms of University of Delhi, Government of Delhi in that regard.
The District Forum found that letter dated 10.06.2009 Ex. CW-1/D received by complainant from Asstt. Registrar (Academic) PG of the OP, there was no scheme for examination for M.Tech (full time course), the amount of Rs.2000/- charged at the time of admission was examination fee which should have been charged at the time of enrolment for the 2nd year. Hence, directions were given to refund Rs.2000/- with interest @10% per annum w.e.f.date of complaint i.e. 25.01.2010 till realization and Rs.5000/- as compensation + Rs.2000/- as cost of litigation.
In appeal the main plea of the appellant is that as per latest decision of Hon'ble Supreme Court in Special Leave to Appeal (Civil) No.22532/2012 titled P.T. Koshy & Anr. Vs. Allen Charitable Trust & Ors. decided on 09.08.2012 in which it was 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 cannot be a question of deficiency of services. Such matters cannot be entertained by the Consumer Forum under the consumer Protection Act.
In view of the above discussions, appeal is accepted and impugned order is set aside. The complaint is dismissed. However, it is made clear that no adjudication has been made on merits and it will be open to the respondent to file a Civil Suit after seeking exclusion or time spent in the present proceedings as per the decision of Hon'ble Supreme Court in Laxmi Engineering Works Vs. PSG Industrial Institute (1995) 3 SCC 583.
A copy of this order be sent to both the parties free of cost. One copy be also sent to District Forum for information.
(O.P. Gupta) Member (Judicial) (S. C. Jain) Member