EDUCATION SECTOR IN INDIA
• Public sector & Private Sector
• It is held by Ministry of Human Resource
• Budget Allocated : 991 billion rupees
• Established compulsory education: 1st april 2010
• Total literacy rate: 74% (2011)
Contd..
•It is alleged or behalf of the appellant/complainant that on receiving message
from the respondent about availability of the admission from management quota in
their college, his parents did contact them. They were asked to deposit
Rs.56,008/- and the admission was taken. It may be noted that at that time
process for admission for free seat as per Government procedure was in progress.
•when mother of the appellant approached the respondent and claimed
cancellation of admission and refund of fess, she was asked to meet Trustees of
the respondent.
•On that she was informed that admission of the appellant was already cancelled,
vacancy was filled by giving admission to another student and since request for
cancellation made after 10 days of initial admission, no refund of fees would be
available.
GAP FOUND:
•The alleged rules for refund of fees cannot be enforced or given effect by the
Court of Law including Consumer Fora, which is quasi-judicial authority, in view
of circumstances narrated earlier and the law as settled by the Apex Court,
supra.
•Imparting of education being covered under Section 2(1)(o) of Consumer
Protection Act, 1986, present dispute is very much a consumer dispute and could
be entertained by the Consumer Fora.
ORDER:-
1. Misc. Appl. No.1964/2007 for condonation of delay is allowed and delay is
condoned.
2. Appeal is allowed. Impugned order/award dated 20/02/2007 is quashed
and set aside.
3. Respondent/O.P. do refund Rs.56,008/- to appellant/complainant along
with interest @ 9% p.a. from 03/08/2004 till realization.
4. Respondent/O.P. to bear its own cost and pay Rs.5,000/- as cost to the
appellant/complainant.
5. Copies of the order be furnished to the parties.
Thank you

Consumer dispute of education sector - Legal aspects

  • 2.
    EDUCATION SECTOR ININDIA • Public sector & Private Sector • It is held by Ministry of Human Resource • Budget Allocated : 991 billion rupees • Established compulsory education: 1st april 2010 • Total literacy rate: 74% (2011)
  • 5.
    Contd.. •It is allegedor behalf of the appellant/complainant that on receiving message from the respondent about availability of the admission from management quota in their college, his parents did contact them. They were asked to deposit Rs.56,008/- and the admission was taken. It may be noted that at that time process for admission for free seat as per Government procedure was in progress. •when mother of the appellant approached the respondent and claimed cancellation of admission and refund of fess, she was asked to meet Trustees of the respondent. •On that she was informed that admission of the appellant was already cancelled, vacancy was filled by giving admission to another student and since request for cancellation made after 10 days of initial admission, no refund of fees would be available.
  • 6.
    GAP FOUND: •The allegedrules for refund of fees cannot be enforced or given effect by the Court of Law including Consumer Fora, which is quasi-judicial authority, in view of circumstances narrated earlier and the law as settled by the Apex Court, supra. •Imparting of education being covered under Section 2(1)(o) of Consumer Protection Act, 1986, present dispute is very much a consumer dispute and could be entertained by the Consumer Fora.
  • 7.
    ORDER:- 1. Misc. Appl.No.1964/2007 for condonation of delay is allowed and delay is condoned. 2. Appeal is allowed. Impugned order/award dated 20/02/2007 is quashed and set aside. 3. Respondent/O.P. do refund Rs.56,008/- to appellant/complainant along with interest @ 9% p.a. from 03/08/2004 till realization. 4. Respondent/O.P. to bear its own cost and pay Rs.5,000/- as cost to the appellant/complainant. 5. Copies of the order be furnished to the parties.
  • 8.