Delhi

StateCommission

A/09/218

SOM PAL SINGH - Complainant(s)

Versus

SARVODAYA INSTITUTE OF EDUCATION AND ANR. - Opp.Party(s)

28 Apr 2016

ORDER

IN THE STATE COMMISSION : DELHI

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

Date of Arguments : 28.04.2016

Date of Decision : 05.05.2016

Appeal No. 218/09

 

(Arising out of the order dated 18.02.2009 passed in Complaint Case No.637/07 by the

District Consumer Redressal Forum-East, Delhi.)

In the matter of:

Shri Som Pal Singh,

S/o Sagarmal,

R/o H.No.46, Balbir Nagar Extn.,

Nala Par, Goverdhan School Marg,

Shahdara, Delhi-110032.                                                                            …..........Appellant

 

VERSUS

 

Sarvodaya Institute of Education,

D-175, Laxmi Nagar, Vikas Marg,

Delhi-110092.

 

 

Vice Chancellor/Director,

Veer Bahadur Singh,

Purvanchal University, Jaunpur,

Directorate of Distance Education,

Jaunpur, Uttar Pradesh.

                                                                          ….....Respondent

                                                                

CORAM

O. P. Gupta, Member (Judicial)

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

 

 

 

 O.P. Gupta, Member (Judicial)

 

1. The present appeal is directed against order dated 18.02.2009 passed by District Forum-East in Complaint Case No.637/07.

 

2. The appeal can be disposed of on the short ground that consumer court has no jurisdiction in cases relating to educational institutions. The District Forum dismissed the complaint on merits by observing that institute was closed by the authorities through public notification and there was no fault on the part of OPs.

 

3. The counsel for respondent relied upon the decision of National Commission in Revision Petition No.314/07 titled as Veer Bahadur Singh Purvanchal University Vs. Kumari Deepika Pandey decided on 19.08.2015. After relying upon the decision of Hon’ble Supreme Court in Maharishi Dayanand University Vs. Surjeet Kaur, (2010) 11 SCC 159 and Jagmittar Sain Bhagat Vs. Director Health Services Haryana (2013) 10 SCC 136, the National Commission has held that the issue involved is no more rest integra.  Such like complainants are not consumer.

 

4. In view of the above, the revision is dismissed.

 

5. A copy of this order be sent to both the parties free of cost and one copy be sent to District Forum for information.

 

6. File be consigned to Record Room.

 

(O.P. Gupta)

Member (Judicial)

                         ​