Educational institutions do not fall within the scope of the Consumer Protection Act, and therefore, complaints related to educational services may not be maintainable under the Act.

ORDER

Mr. Justice R.S. Sharma, President.—The complainant filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986 (instead of filing complaint under Section 17 of the Consumer Protection Act, 1986) against the OPs seeking following reliefs:

(1) To grant compensation towards financial loss suffered by the complaint during last 6 years to the tune of Rs. 25,20,000 (Rupees twenty five lakh twenty thousand) along with interest.

(2) To grant compensation for mental agony, which was suffered by the complainant during last six years, to the tune of Rs. 4,00,000 (Rupees four lakh).

(3) To grant Advocate fees and other relief, which this Commission deems fit.

2. Briefly stated the facts of the complaint of the complainant are that the complainant completed M.B.A. in the year 2004-2005 and she passed third and fourth semesters from the O.P. No.1 institution. As per order of Government of Chhattisgarh, Pt. Ravishankar Shukla University, Raipur, will have right to provide degree to students of all the private educational institutions. The complainant is entitled to get degree from the O.P. No.2 for which the O.P. No.1 gave written intimation. The complainant passed the M.B.A. on 14.9.2005 from the O.P. No.1 institution and thereafter she went to out of station from Raipur for service. In the meantime, Government of Chhattisgarh issued a notification that all the private educational institutions will only organize examination and the degree will be issued by the O.P. No.2. The complainant was in need of M.B.A. degree for the service, therefore, on 5.2.2010 she deposited Rs. 400 towards charges in the office of the O.P. No.2 and the O.P. No.2 assured her that within a period of two months degree will be sent by post. After 5.2.2010, the complainant several time tried for obtaining degree, but degree could not be received, therefore, in the month of September, 2010 she lost her job. Thereafter in the year 2012 the complainant passed the preliminary and main examination of the Public Service Commission, but she could not be selected because she was not having degree of M.B.A. There was full possibility of her selection in the final examination, because she was having M.B.A. Degree. In the year 2012, the complainant contacted the Registrar, Mr. Chandrakar, then the letter of the complainant was sent to the Examination Department. On the instructions of the Registrar, the complainant met with Mr. R.K. Agrawal, Deputy Registrar, then he told her to come after 2-3 months. The Registrar accepted that in the ledger, division is not mentioned which is an administrative error. In the case of complainant along with 35 other students, divisions are not mentioned. The Registrar assured that the same will be rectified at the earliest. On 12.7.2012, the father of the complainant written a letter to the O.P. No. 2 and informed that in spite of lapse of 2 years from the date of paying charges for degree, the same was not received and requested to provide the same at the earliest. The O.P. No. 2 instructed the father of the complainant to submit the original mark sheet after making correction because in the table of original mark sheet of fourth semester, marks of all semesters is not mentioned. The father of the complainant complied with the instructions of the O.P. No. 2 and submitted the rectified mark sheet in the office of O.P. No. 2. Thereafter the father of the complainant was directed to get signature of the authorised officer in the correction in the mark sheet and to submit it to the O.P. No.2, then the father of the complainant obtained the signature of the authorised officer and submit the same. The office of the O.P. No.1 has been closed. The mark sheet of fourth semester of the complainant is deposited with the O.P. No.1. On 11.2.2015, the office of O.P. No.2 instructed the complainant to submit the marksheets of all four semesters, so that the matter can be considered. On 28.2.2015, again the O.P. No.2 demanded the m