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J. RAJENDRA
Dhananjay Agarwal S/o. Prahlad Prasad – Appellant
Versus
International College of Financial Planning – Respondent
ORDER
This common Order shall decide these 36 Revision Petitions, numbered RP/1684/2018 & RP/1750-1766/2018 along with RP/1823 - 1840/2018 filed under Section 21(b) of the Consumer Protection Act, 1986. These petitions challenge the impugned orders dated 12.12.2017, passed by the State Consumer Disputes Redressal Commission, West Bengal (the State Commission), pertaining to 18 Appeals Nos. FA/40/2014 to FA/57/2014. The State Commission modified the order of the District Consumer Disputes Redressal Forum, Unit-1, Kolkata (‘District Forum’) in 18 Consumer Complaints filed by the Complainants.
2. There was a delay of 86 days in filing RP/1684/2018 and 84 days in filing RP/1750-1766/2018. Considering the reasons stated in the applications and in the interest of justice, the delay is condoned.
3. Since the facts and questions of law involved in all the 36 Revision Petitions are substantially similar, except for minor variations in Dates & events, these 36 Revision Petitions are being disposed of by this common Order. To facilitate clarity and convenience, First Appeal No. 56/2014 shall be considered as the primary / lead case, with the facts outlined below being extracted from Consumer
(1) Educational matters – Educational matters do not come within the purview of Consumer Protection Act, 1986.(2) Education institutions – Educational institutions and the services they provide are n....
Educational institutions do not fall under the Consumer Protection Act, 1986 for post-admission disputes.
The Court ruled that educational institutions and their incidental activities are not subject to Consumer Protection Act provisions, affirming the need for liberalism in condoning delays for appeals.
Educational Institutions - Educational Institutions, Vocational courses and activities undertaken during the process of pre-admission as well as post-admission and also imparting excursion tours, pic....
Educational institutions do not qualify as service providers under the Consumer Protection Act, rendering complaints against them unmaintainable.
Education services offered by private institutes do not fall under consumer protections, as the evaluation process and resulting grievances show no deficiency in services rendered.
Forfeiture of entire fees paid by student on withdrawal from course within a fortnight of joining is unjustified but amounts to unjust enrichment.
Revisional jurisdiction - Only in a case where it is found that the State Commission has exercised its jurisdiction not vested in it by law, or has failed to exercise the jurisdiction so vested illeg....
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