NCDRC

NCDRC

RP/2306/2014

FIITJEE LTD. - Complainant(s)

Versus

DUPAGUNTLA VAISHNAVI - Opp.Party(s)

MR. MUKESH M. GOEL & MR. DILIP KUMAR

04 Feb 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2306 OF 2014
 
(Against the Order dated 19/02/2014 in Appeal No. 132/2013 of the State Commission Andhra Pradesh)
1. FIITJEE LTD.
29-A KALU SARAI SARVPRIYA VIHAR, THROUGH ITS A.R SH.ASHISH KR.AGGARWAL
NEW DELHI - 110016
...........Petitioner(s)
Versus 
1. DUPAGUNTLA VAISHNAVI
D/O S.SIVA KUMAR, R/O H.NO-1-9-295/19 SRI LAKASHMI NILAYAM, VIDYA NAGAR
HYDERABAD
A.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Mr. Mukesh M. Goel, Advocate and
Mr. Dilip Kumar Arya, Advocate
For the Respondent :
Mr. K. Visweswara Rao, Advocate

Dated : 04 Feb 2019
ORDER

Heard the learned counsel for the parties and perused the impugned orders dated 18-02-2016 and 19-02-2014 in CC No.695 of 2014 and CC No.132 of 2013 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission at Hyderabad (hereinafter referred to as ‘the State Commission’). The State Commission by the impugned orders directed the Petitioner to refund the amount of Rs.1,81,356/- along with interest @6% p.a. from the date of complaint till realization along with costs of Rs.2,000/- and Rs.1,77,373/- with interest @6% p.a. from the date of claim till realization together with compensation of Rs.5,000/- and costs of Rs.2,000/- respectively.

2.       We may mention here that Hon’ble Supreme Court in the case of Maharashi Dayanand University Vs. Surjeet Kaur, 2010 (11) SCC 159 and P.T. Koshy Vs. Ellen Charitable Trust 2012 (3)CPC 615 SC have held that the educational institutions, while imparting education to students do not render any service so as to fall under the Consumer Protection Act, 1986. Therefore, the Complaint is not maintainable for refund of the balance amount if a student or the Complainant withdraws from the course after attending the same for some period.

3.       However, on a suggestion made by us, showing magnanimity, the Petitioner had offered to give Rs.1,00,000/- as a lumpsum amount to each of the Complainant in the two cases. However, this shall not be treated as a precedent and shall not be made effective on other cases. We appreciate the gesture shown by the Petitioner. The amount be paid within four weeks. The order impugned is set aside.

4.       The Revision Petitions stand disposed of.  

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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