IMPORTANT POINT
District Commission can pass an interim order even if the crux of the matter is still being decided in Supreme Court in other cases.

ORDER

Pukhraj R. Bora, President.—Being aggrieved by the interim order passed by the learned District Consumer Disputes Redressal Commission, Jalgaon [District Commission, Jalgaon] in consumer complaint bearing no.CC/38/2021 on 05/02/2021, the opponent therein has preferred the present revision petition.

Facts of the Case

2. The respondent herein has preferred aforesaid consumer complaint alleging deficiency in service on the part of the revision petitioner in not issuing leaving certificate of his son without payment of tuition fees for the entire next year. The son of the complainant was taking education in the respondent school in the 5th standard. After completing education in the 5th standard, the complainant admitted his son in another school at Barhanpur, Madhya Pradesh. The said school called upon the complainant to submit his school leaving certificate from earlier school. The complainant, therefore, made an application with the revision petitioner. The revision petitioner, however, put a condition requiring the complainant to pay entire tuition fees of next year for issuing such leaving certificate. Aggrieved by condition so imposed, the complainant approached the District Commission, Jalgaon by filing aforesaid complaint. In the said complaint, the interim relief application was also filed by the complainant i.e. respondent herein with a prayer that the opponent school be directed to issue school leaving

certificate immediately.

3. The revision petitioner appeared in the said matter before the District Commission and filed its written statement. The revision petitioner opposed the consumer complaint

on various grounds. The revision petitioner also raised preliminary objection about

the maintainability of the consumer complaint alleging that the complainant is not a consumer.

District Commission Decision

4. The learned District Commission after having heard the arguments on interim relief application was pleased to allow the interim relief application and thereby directed the revision petitioner to issue school leave certificate by accepting two months’ tuition fees from the complainant. Aggrieved by the same, present revision petition is filed.

Contention of the petitioner

5. Smt. Arifa Sayyed, learned advocate appearing for the revision petitioner relying on judgment delivered by the larger bench of the Hon’ble National Commission in case of Manu Solanki & ors. Vs. Vinayak Mission University – I (2020) CPJ 2010 – submitted that the institutions rendering education including Vocational courses and activities undertaken during the process of pre-admission as well as post-admission and also imparting excursion tours, picnics, extra co-curricular activities, swimming, sport, etc. except coaching institutions, will not be covered under the provisions of the Consumer Protection Act, 1986. The learned counsel further submitted that the learned District Commission has granted final relief to the complainant by way of interim relief which is impermissible and on that ground also the impugned order deserves to be set aside.

Contention of the respondent

6. Shri Santosh Chopda, learned counsel appearing for the respondent submitted that the decision given by the larger bench of the Hon’ble National Commission in the case of Manu Solanki & ors. Vs. Vinayak Mission University – is challenged before the Hon’ble Apex Court and the Hon’ble Apex Court has admitted the said matter. The learned counsel further submitted that in the case of Manu Solanki & ors. Vs. Vinayak Mission University – itself many judgments of the Hon’ble Apex Court taking contrary view are referred. The learned counsel submitted that moreover the objection as has been raised can be decided at the time of final hearing of the consumer complaint. The learned counsel also placed reliance on 2 judgments delivered by the State Commissions. The learned counsel further submitted that the demand made by the revision petitioner of the entire fees for the next academic year