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KUMKUM RANI, B. S. MANRAL
Manager, Kasiga School – Appellant
Versus
Arvind Soni – Respondent
ORDER
Kumkum Rani, President—This appeal has been directed against the impugned judgment and order dated 26.11.2022 passed by learned District Consumer Disputes Redressal Commission, Haridwar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 41 of 2022, styled as Sh. Arvind Soni Vs. Manager, Kasiga School, wherein and whereby the consumer complaint was allowed and the appellant / opposite party was directed to refund the balance security deposit to the tune of Rs.1,49,000/- to the respondent / complainant together with interest @6% p.a. from the date of filing of the consumer complaint, i.e., 29.01.2022 till payment, besides to pay Rs.5,000/- towards compensation and Rs.5,000/- towards litigation expenses.
2. The facts giving rise to the present appeal, in brief, are, as such that in the month of April, 2018, the respondent / complainant got his ward Master Parth Soni admitted in Kasiga School in Class - XI. At the time of admission of his ward in the School, the complainant had deposited sum of Rs.1,50,000/- towards security deposit and he was assured that at the time of issuance of transfer certificate of complainant’s ward as well as No Dues Cer
(1) Educational Institutions are not “Service Providers” – Educational institutions, while performing statutory or core educational functions (including matters of admission and fees), do not render ....
Educational institutions do not qualify as service providers under the Consumer Protection Act, rendering complaints against them unmaintainable.
District Commission can pass an interim order even if the crux of the matter is still being decided in Supreme Court in other cases.
Educational institutions are not considered 'providers of service' under the Consumer Protection Act, 1986, and thus are not liable for fee refunds.
“Educational Institutions do not fall within ambit of the Consumer Protection Act, 1986.”
When OP could not provide hygienic food and water, which compelled complainant student to discontinue course, loss to complainant’s career cannot be compared with financial loss of OP.
Educational institutions do not fall under the Consumer Protection Act, 1986 for post-admission disputes.
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