Delhi

StateCommission

A/512/2017

AJAY VERMA - Complainant(s)

Versus

FIITJEE LTD. & ANR. - Opp.Party(s)

PAWAN VERMA

06 Aug 2018

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :06.08.2018

Date of Decision : 06.08.2018

FIRST APPEAL NO.512/2017

In the matter of:

 

Ajay Verma,

S/o. Shri Vinod Kumar,

R/o. House No.634,

Sector-14, Sonipat,

Haryana.                                                                                                         .........Appellant

 

Versus

 

1. Fiitjee Ltd.,

Registered Office:

Fiitjee House, 29-A Kalu Sarai,

Sarvpriya Viahr,

New Delhi.

 

Branch Office

1.  Fiittjee Punjabi Bagh Centre,

Central Market, Punjabi Bagh (West),

New Delhi                                                                    .....Opposite Party No.1

 

2. Dinesh Kumar Goel,

(Managing Director, Fiitjee Ltd.),

D-6/5, Vasant Vihar,

New Delhi-110057.                                                    …..Opposite Party No.2

 

3. Partha Haldar

(Director, Fiitjee Ltd.),

28/75, Road No.75,

Punjabi Bagh,

Delhi-110026.                                                  …..Opposite Party No.3

                       

 

CORAM

Hon’ble Sh. O. P. Gupta, Member (Judicial)

Hon’ble Sh. Anil Srivastava, Member

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                   Yes/No

2.      To be referred to the reporter or not?                                                                                                        Yes/No

Shri O.P. Gupta, Member (Judicial)

JUDGEMENT

 

1.       The present appeal impugns order dated 28.08.2017 passed by District Forum vide which the complaint of appellant was dismissed at the stage of admission on the ground that education was not a commodity and educational institution are not providing any kind of service. So they are not covered under Consumer Protection Act.

2.       The respondent did not file any reply to appeal.

3.       We have gone through the material on record and heard the arguments. The counsel for appellant submitted that as per receipt placed at page 34, the respondent had charged services tax of Rs.30,503/- meaning thereby that it had enrolled  itself with the Service Tax Department, it collected service tax. Thus it was providing service and is covered under Consumer Protection Act.

4.       The aforesaid argument of appellant carry some weight. Apartment from that main reason is that by now a difference has been drawn between educational institutions affiliated to university or which grant degree or diploma vis-à-vis educational  institutions which simply provide coaching. The later are covered under Consumer Protection Act. Judgement in Maharishi Dayanand University and P.T. Kaushik referred to by the District Forum were considered in later decisions.

5.       The later decisions which we are referring to are WLC College India vs. Ajay S. Bhatt III(2016) CPJ 280 NC, Dhirender Nath vs. M.R. Sarangi I (2015) CPJ 550 NC, Revision Petition No.3571/13 titled as Gulshan Kumar Vs. Anupama College of Engg. decided on 09.05.2017 by National Commission and I (2018) CPJ 628 titled as Maharishi Dayanand University vs. Paridhi Gupta.

6.       For the for going reasons the appeal is accepted, impugned order is set aside and the case is remanded back to District Forum to proceed in accordance with law. The copy of complaint has been supplied to respondent/OP, OP has been directed to file WS within 30 days and parties have been directed to appear in the District Forum on 17.09.2018.

7.       Copies of the order be sent to both the parties free of cost.

8.         One copy of the order be sent to District Forum for information.

9.         File be consigned to record room.

 

(ANIL SRIVASTAVA)                                                                                      (O.P. GUPTA)  

MEMBER                                                                                                           MEMBER (JUDICIAL)