DISTRICT CONSUMER DISPUTES REDRESSAL FORUM NORTH

ROOM NO.2&3 OLD CIVIL SUPPLY BUILDING;TIS HAZARI: DELHI

Case No.166/2011
Ramit Jaal Vs. G.G.S.I University.
25.07.2014
Present:- A.R. of the complainant.
Counsel for the O.P.
Complainant has filed the complaint alleging that he had taken
admission in B.Tech course (Mechanical and Automation Engineering) in
Northern India Engineering College, Shastri Park, Delhi of O.P-2. He has
deposited of Rs.53,000/- as fee. Subsequently he got admission in NIT
Jullunder in August, 2009 and withdrew admission from the O.P
University. He applied for refund of the fee but the same has not been
refunded, hence the present complaint has been filed for refund of the fee
along with cost and compensation as claimed.
2.

O.P appeared and filed the written statement in which it has not

been denied that the complainant had taken admission in B.Tech course
of O.P University. However, the case of the O.P is that in the Prospectus2009 it has been specifically provided that candidate seeking withdrawal
of his admission after second counseling would not be entitled for refund
of the fee.

Therefore, when the complainant withdrew after taking

admission in the second counseling, he is not entitled for any refund of

fee.
3.

Parties have filed their respective evidence.

We have heard A.R. of the complainant and Ld. Counsel for the O.P.

We have carefully gone through record of the case.

The first question

arises in the present case is whether the O.P University is a service

provider and complainant is a consumer?

In Maharshi Dayanand

University Vs. Surjeet Kaur 2010(11) SCC 159 decided by Honble

Supreme Court on 19/07/2010 in Civil Appeal No.6807 of 2008 it has
been held that the student is neither consumer nor the O.P University is
rendering any kind of service nor the complaint involved question of any
consumer dispute, therefore, the complaint is not maintainable before
District Forum nor District Forum has any jurisdiction to entertain such
complaint for refund of the fee.

This very view has been reiterated in

P.T. Koshy & Anr. Vs. Ellen Charitable Trust & Ors. decided on
09/08/2012 in Civil Appeal No.22532/2012 decided by Honble Supreme
Court, where it has been following the judgment of Maharshi Dayanand
University Vs. Surjeet Kaur (Supra) and it has been held that
educational institutions are not providing any kind of service,
therefore, matter of admission, fees etc. cannot be entertained by
consumer forum under Consumer Protection Act.

In view of this

authority this forum has no jurisdiction to entertain the present complaint

since the complainant is neither consumer nor O.P University is a service
provider nor the complaint involved any question of consumer dispute.
This forum has no jurisdiction to entertain the present complaint.
Complaint is, therefore, dismissed.

A copy of order be given to the

parties. File be consigned to record room.

President

Member

Member