02 October 2012
My view, no. student not coming under definition of consumer under the act,. since it not involves any commercial meaning
Section 2(d) of the Consumer Protection Act says that consumer means any person who—
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person;
02 October 2012
With due respect to CMA Ramesh Krishnan I differ. The definition is very clear to say that any service rendered for consideration is covered under Consumer Protection Act. Moverover there are number of Judgement on this point confirming this view some of them are as under :- 1.Smt. N. Taneja And Another vs Calcutta Distt. Forum And Others [AIR 1992 Cal 95] 2. Deputy Registrar (College) and ors. Vs. Ruchika Jain & Ors. [III(2006)CPJ343 NC]
03 October 2012
Kind Attention: Mr.Ramesh Krishnan and Mr, Jain
Dear Sir(s),
Thank you very much for providing your inputs and guiding me in this matter.
As Mr. Jain highlighted, even I was of the opinion that Education Services Fall with the perview of "Consumer Protection Act,1986".
Specifically speaking, in my case, I had taken admission in S.N.D.T law college santacruz on 31-07-2012 i.e on the last day of admissions. So, the term commenced immediately on the very next day i.e.1-08-2012.
Due to some reason I had to cancel my admission so I called up the college office number on 4aug (within 4 days period) & informed them. I was told to come on 6-08-2012-monday and submit an application for cancellation. On 6 aug, I did as i was i told and submitted an application for cancellation and requested for the refund of fee paid rs.18665/-.
Much to my surprise, i was informed that i would only get a refund of only rs.1600 [Library deposit-rs.1500+caution deposite-rs.100] out of total fee paid of rs.18,665 as per the prospectus line "No refund of fees after term commences".
I've tried a lot to request them that in my case it was just not possible to comply with the requirement of cancellation before term commences as i took admission on the last day and term got commenced the very immediate next day.
However, all my request n pleadings have fallen on the deaf ears:-( n they have only refunded 1600 to me.
Now, from the UGC notification dated 22 June 2011- reference F.No, 6-1 (7)/2006 (CPP-I) I understand that incase of admission cancellation after term commencement, College should refund the fees collected with proportionate deductions of monthly fee.(Point 3 of the said notification).
Now, I need to understand whether I can move Consumer Court againt this college on the grounds of deficiency of services and not abiding the UGC guidelines.
CAclubindia
