Does college/university comes under purview of Consumer courts?
I want to file case against my college for not providing services as were promised by them and I want my entire tution fees back from them! Does my college/university come under the purview of consumer courts?
In many such cases, which have come before the National Commission, the apex consumer court has clearly held that providing education is a service and has compensated the aggrieved consumer.
As per the Judgement – “Ram Kumar Aswani v. M/s A.K. Structural Foam Ltd. 1993 CPC 383″ – A student applying for revaluation of his result comes under the definition of a “Consumer”
In another case , Registrar H.P university v Suresh Kumar 2007(2) CPC, the Complainant could not get admission in M.A. class due to mistake of University which wrongly declared him unsuccessful- University directed to pay compensation of Rs. 50,000 with costs to the complainant
Also in the case of Guru Nanak Dev University v. jagjit Singh 2005(1) CPC 490 Pb. , After accepting admission fee from complainant GNDU Amritsar revoked admission due to not having necessary qualification – University directed to refund fee with interest.
Also in one of the cases , Classes were not started after the university received fee for less number of students (as it was not viable to run the course). The University was directed to refund the amount with cost- (Director, Mahatma Gandhi University v. Gopalkumar. 1999(1) CPC 292).
Therefore, in view of above mentioned judgement, university and colleges fall within purview of consumer court
As per the Law laid down by the H'onble Supreme Court of India, College/universities are out of the preview of the Consumer Courts as "Education is not a kind of service & Education itself is not a commodity".
The best possible remedy for you would be to file a suit of Recovery against your college to refund the entire fees.
Advocate Ankit MahajanDistrict Court, Tis Hazari, Delhi
Yes, you can file a consumer complaint against a college in case the college has provided deficient services. The facts of the case are material and correct advise can be given once all the details are bright to light.
Advocate Jiwan Pal SinghTis Hazari Court, Delhi
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