IMPORTANT POINTS
(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 not considered “services” under the Consumer Protection Act.

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 Complaint No. 401/2009.

4. For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum and the State Commission.

5. The pivotal issue across these 36 Revision Petitions revolves around determining whether educational institutions or services provided by them fall under the ambit of the Consumer Protection Act?

6. Brief facts of the case, as per the Complainant, are that OP-1 operates a study centre offering a Post Graduate Diploma in Financial Planning (PGDFP) through distance mode, authorized by OP-2 under the authorization code IASE-U/D/127. Relying on advertisements by OP-1 in newspapers and on its official website, the Complainant had sought admission and clarification regarding UGC recognition of the course. Based on information provided by OP-1, the Complainant enrolled in the PGDFP course for the academic year 2008-09, paying a total fee of Rs. 1,80,000. At the time of admission, OP-1 asserted that the course was UGC-recognized, based on documents from IASE University. OP-1 guaranteed 100% placement on course completion, as outlined in their placement policy. Additionally, OP-1 claimed the classrooms were Wi-Fi enabled and that students would participate in live market visits and projects. He was also informed that multiple certificates would be issued without further fees. The official website listed various students who had benefited from these promises. The website also depicted amenities such as a café and multiple clubs, which were never provided. Having completed a graduation course from Calcutta University, the Complainant enrolled in PGDFP program conducted by OP-1, expecting a mark sheet issued by OP-2. However, the mark sheets for Semesters 1 and 2 were issued by OP-1 and were strangely handwritten. Despite completing the course, no diploma certificate was provided. Repeated reminders and campus visits were of no consequence. The Complainant also did not receive the promised placement.

7. Due to OP-1’s actions, the Complainant suffered significant loss and harassment. Consequently, he filed Consumer Complaint No. 401 of 2009 before the District Forum, seeking a refund of course fees from OP-1, issuance of the diploma certificate by OP-2, and compensation from OP-1 along with litigation costs.

8. In reply before the learned District Forum, OP-1 contended that OP-1 is a company incorporated under the Companies Act, 1956, with its corporate office in New Delhi. It is engaged in imparting corporate training and job-oriented courses in financial services such as financial planning, analysis, stock trading, insurance, and retirement planning. OP-1 contended that it is an authorized education provider of the Financial Planning Standards Board India (FPSB) and the PGDFP course, launched in