1

Consumer Protection Digest On

Education Cases

Academic service - Spoil of academic carrier of student is no defence in a time barred complaint -Board of School Education v. Raj Kumar, 1995(2) CPC 388 Hr.

Act of God - To be an act of God an occurrence should be incapable of being prevented - 1991 CPC 586 T.N.Admission - Admission of complainant was set aside by University due to illegibility - Complainant in the

absence of necessary qualification cannot be admitted to the course of BDS - Deputy Registrar (Colleges) M.D. University v. Ruchika Jain, 2005(2) CPC 450 Hr.

Admission in BAMS course by wrongly stating that institution was affiliated with University - Owner of institute & not the principal held liable for deficient service - Ajit Singh Kamra v. Daljit Kaur, 2003(1) CPC 278 Pb.

Admission in Dental Institute on wrong representation about affiliation to University Instituted liable for to refund deposits with 18% interest per annum - 1998(1) CPC 222 N.C.

Admission in Institution wrongly alleging that it is affiliated with University - Case of negligence proved - Refund of fees etc. with compensation allowed - 1998(1) CPC 254 Pb.

Admission in IT Course by misrepresentation - College not affiliated with University - Students held entitled to refund of fees with compensation - 2003(1) CPC 439 Chd.

--Admission to higher class in the same school cannot be denied on the basis of securing minimum percentage of marks - 1997(2) CPC 539 Delhi

After accepting admission fee from complainant University revoked admission due to not having necessary qualification - University directed to refund fee with interest - 2005(1) CPC 490 Pb.

Complainant given admission in B.D.S. Course by concealing real strength of students - College authorities held liable for causing loss to complainant - Refund with 18% interest allowed - 1997(2) CPC 136 N.C.

--Complainant got admission in the Computer course and paid Rs. 10,000 voluntarily as admission fee - He is not entitled to refund of fee after 7 months of admission - 2001(2) CPC 681 Chd.

Complainant paid admission fees for B.Ed. correspondence course - Admission not given by University - Complainant entitled to refund of fees paid with interest - 2004(2) CPC 651 N.C.

Complainant withdrawing his son on his own choice - School Authorities not liable for deficiency in service - Principal Saint Xaviers High School v. Sunil Dutt Sharma, 1998(1) CPC 165 Chd.

Complainants daughter volunteerly shifted to another College from Appellants Institution - Appellant directed to refund admission fee with 9% interest without compensation - 2004(1) CPC 243 Guj.

Deduction in admission fee made by School authorities as permitted by prospectus - Consumer authorities cannot interfere in the matter - 1997(1) CPC 263 Hr.

Guardian changing his mind about admission of his child in school - Refund of admission fee cannot be claimed as school authorities are not at fault - 1996(2) CPC 242 Chd.

Mere photograph of Board showing that school is recognised does not prove deficiency in service on the part of school authorities - Swarna Bhushan Sahu v. St. Pauls English Medium School, 1995(2) CPC 452 Orissa

Non refund of admission fee of the College is not a deficiency in service - 1995(1) CPC 184 N.C.--Only that amount can be refunded which is permissible by rules of prospectus of school - Fora not competent to

change such rules - Raman Bansal v. The Principal, Chaman Vatika, 1998(1) CPC 422 Hr.Opposite partys college collecting fees for Master of Personal Management course for which it was not

authorised to grant admission - Held liable for deficiency in service - 2000(2) CPC 522 M.P. Parties agreed for refund of admission fee - No interference in appeal warranted - 1995(2) CPC 284 N.C.Refund - Complainant paid Rs. 8000 as admission fees in B.D.S. course - After joining another Dental College

claimed refund of fee - Held not entitled to refund in terms of prospectus - 1999(2) CPC 470 H.P. Refund of fee was declined as per the norms laid down by the Panjab University - No deficient service on the part

of the respondent proved - Swati Aneja (Ms.) v. Dev Smaj College for Women, 2002(2) CPC 497 Chd.Student after paying Rs. 50,000 as admission fee to Opposite Party shifted to another college voluntarily - O.P.

not liable to refund admission fee - 2004(1) CPC 383 Chd.

2

Respondent college charged Rs. 14,000 and Rs. 2,000 for courses not duly recognized by any university - OP directed to refund entire amount with Rs. 25,000 as compensation and Rs. 10,000 as punitive damages - 2008(2) CPC 484 H.P.

Admission fees Complainant deposited Rs. 40,000 for admission in Management course of OP institute After 4 days he got admission in another institute- He is entitled to refund 75 % of deposited amount - 2009(2) CPC 577 U.P.

--A student voluntarily withdrawing from the college is entitled to refund of tuition fees and hostel charges not admission fee - Adarsha Residential College v. Narayana Rao Noule, 1998(1) CPC 81 A.P.

All applicants except complainant were ordered refund of security for school admission from respondent school - Complainant also deserves the refund of the amount - 1996(2) CPC 165 Hr.

--As per Regulations of OP college fee once paid was refundable if seat vacated by the complainant was filled up by other student before last date of admission Complainant, unable to prove this fact not entitled to refund of fee - 2010(3) CPC 622 Pb.

--Petitioner student did not attend classes even for a single day and had withdrawn candidature before second counseling Refund of fees of Rs. 2,30,000/- with 12% p.a. interest ordered - 2009(3) CPC 57 N.C.

--Student deposited admission fee but left the college of his own will Claim for refund of fees not justified Forfeiture of fees ordered - 2009(2) CPC 736 Pb.

Admission fees refund- Educational Institute is bound to refund admission fees by deducting Rs. 1,000 only or the proportionate amount of fees - 2010(2) CPC 619 N.C.

Admission in dental college Student deposited amount of Rs. 76,250/- with the College but shifted to another College Fees not refundable as per terms of prospectus Only security amount etc. amounting to Rs. 25,000/- ordered to be refunded - 2009(3) CPC 74 Pb.

Admission of students - In matters relating to holding of examination University discharges its statutory function But in the case of admission, it is a service provider for consideration Complaint held maintainable - 2010(3) CPC 307 Uttrakhand

Advertisement Institute published false advertisement College neither affiliated nor recognized for imparting education Respondents lost two academic years Deficient service proved Institute directed to pay Rs. 1 lacs as compensation and costs of Rs. 1 lack each - 2009(1) CPC 604 S.C.

--OP published an advertisement in newspaper offering a course with 100% job guarantee Issued certificates proved to be false Unfair Trade Practice proved Entitled to relief - 2010(3) CPC 473 N.C.

Appeal - An appeal by an aggrieved person is maintainable against an ex parte order under Consumer Protection Act - 2003(2) CPC 199 Chd.

Single order passed on four complaints - Joint appeal against impugned order not permissible - D.A.V. Institute of Physiotherapy v. Miss. Navleen Kaur, 1998(1) CPC 254 Pb.

--An appeal can be treated as revision by State Commission - Board of Secondary Education, Madhya Pradesh v. Navneet Kumar, 1997(1) CPC 367 Pb.

Attachment - MD of college did not deposit amount of college - Attachment of college property not proper but personal property of OP should be attached - 2008(1) CPC 680 N.C.

B.D.S. course - Classes of BDS were not started even after receiving Rs. 1,12,900 as admission fee - Refund with 12% P.A. interest alongwith Rs. 8,000 as compensation directed to be paid to complainant - 1999(2) CPC 655 Chd.

Refund - Complainant paid Rs. 8000 as admission fees in B.D.S. course - After joining another Dental College claimed refund of fee - Held not entitled to refund in terms of prospectus - 1999(2) CPC 470 H.P.

Breach of School Rules Student was removed from school for non-payment of fees As per Rule 25, it was compulsory to deposit fees by 10th of every month Compensation awarded by Fora below set aside Complaint dismissed - 2010(3) CPC 419 N.C.

Bus Pass - Student wrongfully denied concessional bus pass - Held, entitled to bus pass with compensation of Rs. 3,150 - State of Haryana v. Sandeep Singh, 1995(2) CPC 384 Hr.

Capitation fee - Deduction of 1% from capitation fee, when admission is refused to student is not justified - Director of Admissions, Dr. T.M.A. Pai Foundation, Manipal v. Dr. Radha Narayanan, 1995(1) CPC 235 Ker.

3

Coaching classes - Complainant after paying coaching fee of Rs. 21,000/- withdrew in midstream and demanded refund of admission fee OP not liable to refund the admission fee as complainant had violated the terms of agreement 2010(1) CPC 563 N.C.

College admission - Cancellation of admission after receiving necessary amount in arbitrary manner - College authorities directed to pay Rs. 27,000 as compensation and cost for deficiency in service - Principal, DAV College, Sector 10, Chandigarh v. Rajesh Kumar, 2008(2) CPC 222 Chd.

Complainants were given admission for BDS course by misrepresentation - Course was not recognised by Dental Council of India - Each complainant held entitled to refund of amount with 12% interest and Rs. 20,000 - 2001(1) CPC 140 N.C.

Deposit of Rs. 1 lac as security and Rs. 8,000 as tution fee by complainant who was relieved by OP with its consent - Complainant entitled to refund of security deposits with 18% interest - 2003(2) CPC 488 Pb.

College fees - Student withdrawing voluntarily from college - Cannot claim refund of fees paid to the college - K. Siva Prasad v. Correspondent, Smt. Y. Krishna Veni Rao, 2004(1) CPC 216 A.P.

--Appellant student claimed refund of total deposited fees after migrating to other college of her own Will Total amount not refundable Only refund of 15% amount enhanced illegally was reasonable 2010(1) CPC 398 Pb.

Compensation - A student while on school picnic on bank of river was drowned due to negligence of accompanying teacher - OP directed to pay compensation of Rs. 3,38,000 for sheer negligence - 2007(1) CPC 119 Guj.

Answer book not evaluated properly despite deposit of fee - O.P. directed to evaluate answer book and to pay compensation of Rs. 3,000 - 2006(1) CPC 336 Raj.

Board failed to provide roll number despite payment of requisite fee causing mental agony to complainant - Board directed to pay compensation of Rs. 10,000 to complainant - Punjab School Education Board v. Gurpreet Singh, 2007(2) CPC 190 Chd.

Bullet injury caused by gun of Principal of Academy during students tour - Case does not come under ambit of Consumer Protection Act - Karnail Singh v. Sri Dashmesh Academy, 2005(1) CPC 486 Pb.

Cancellation of admission after receiving necessary amount in arbitrary manner - College authorities directed to pay Rs. 27,000 as compensation and cost for deficiency in service - Principal, DAV College, Sector 10, Chandigarh v. Rajesh Kumar, 2008(2) CPC 222 Chd.

Certificate of computer training found not genuine as Institution of OP was not recognized - OP directed to refund amount of fee with compensation and cost of Rs. 16600 - Uptron Academy of Computer Learning (Uptron ACL) v. Manjit Singh, 2007(2) CPC 467 Chd.

Compensation should be determined keeping into view seriousness of injuries and status of complainant - Rajesh Mani Kaushik, Advocate v. Haryana Institute of Fine Arts, 1999(1) CPC 500 Hr.

Compensation should be determined taking into account the actual loss suffered by complainant - 1998(1) CPC 254 Pb.

--Complainant could not apply for the post of lecturer in Govt. College due to delay in declaration of her result of computer course OP directed to pay compensation of Rs. 1.25 lacs with 9% interest - 2009(3) CPC 609 H.P.

Complainant demanding compensation of Rs. 5 lacs without any sound proof of loss suffered - Rs. 10,000 was found sufficient to meet the ends of justice - Tilak Raj v. Haryana School Education Board, Bhiwani, 1992 CPC 61 Hr.

--Complainant enjoying entertainment of electrical swing sustained injury due to its detachment - Owner and driver of swing including Organizer and Director of fair are liable to pay the compensation - 2008(1) CPC 652 N.C.

--Complainant not allowed to appear in examination as his roll number was wrongly allotted to another student University directed to pay compensation of Rs. 20,000 with cost 2009(1) CPC 32 N.C.

Complainant was forced to discontinue two years computer course after 6 months against agreed terms - Opposite Party liable to refund total fee with 18% interest - Jawahar Goyal, Managing Director, N.I.I.T. v. Ashu Rani, 2004(1) CPC 574 Pb.

--Complainant was forced to pay Rs. 2300 as tuition fee Even School Leaving Certificate was denied OP directed to pay a sum of Rs. 50,000 with 9% p.a. interest - 2010(2) CPC 718 H.P.

--Complainants daughter denied admission in B. Tech course as she could not pay illegal money of Rs. 3 lacs demanded by OP OP directed to pay compensation of Rs. 25,000 alongwith cost of Rs. 5,000 2009(1) CPC 69 Delhi

Complainants were given admission for BDS course by misrepresentation - Course was not recognised by Dental Council of India - Each complainant held entitled to refund of amount with 12% interest and Rs. 20,000 - 2001(1) CPC 140 N.C.

4

Complaint against a school for rendering deficient service to the students is maintainable - Apeejay School v. M.K. Sangal, 1993 CPC 221 Delhi

Complaint against college and university - University not liable to pay compensation when it is already paid by college - Madhyamik Shiksha Parishad v. Ravindera Kumar, 2004(2) CPC 513 U.P.

--Difference in date of birth shown in provisional certificate and that given in original certificate causing loss of employment OP directed to correct date of birth with cost and compensation of Rs. 26,000 2009(1) CPC 682 N.C.

Enrollment could not be issued to the complainant relating to admission in 10+1 class due to negligence of the college - College directed to pay compensation of Rs. 25,000 for negligence - 2006(1) CPC 330 Hr.

--OP charged tuition fee of Rs. 35,000 for Agriculture Management course of 6 months from 15 complainants who spent Rs. 24,000 each on other training expenses Institution was not recognized by NPC as told OP directed to refund fee with compensation - 2010(3) CPC 84 H.P.

--OP charged tuition fee of Rs. 6,000 by falsely stating that institution was affiliated with the University Amount of compensation of Rs. 5,000 being inadequate the same is enhanced to Rs. 30,000 - 2009(3) CPC 503 Kar.

OP denied permission to student to sit in examination despite payment of charges which caused loss of one precious year - Board directed to pay compensation Rs. 25,000 with 12% interest - 2007(1) CPC 43 N.C.

--OP failed to print school souvenir in time despite receiving advance money of Rs. 40,000/- - OP directed to refund deposited amount with 7.5% p.a. interest for deficiency in service 2010(1) CPC 385 Pb.

Opposite Party failed to provide standard training to students as agreed - Directed to refund fees with compensation and cost - Inovators Infotech Ltd. v. Poonam Sachdeva, 2004(1) CPC 641 Delhi

Respondent college charged Rs. 14,000 and Rs. 2,000 for courses not duly recognized by any university - OP directed to refund entire amount with Rs. 25,000 as compensation and Rs. 10,000 as punitive damages - 2008(2) CPC 484 H.P.

--Respondent falsely admitted petitioner in BAMS degree course that it was affiliated to Punjab University and approved by CCIM Petitioner, held entitled to refund of admission fee with 12% interest and Rs. 2 lacs compensation 2009(1) CPC 474 Pb.

Study material not sent to student in time - Lot of time spent in translation work - Opposite Party liable to pay reduced compensation of Rs. 5,000 - Punjabi University, Patiala v. Himanshu Pathania, 2004(2) CPC 98 Pb.

Compensation with refund of fee - OP college wasted two years of 16 students by falsely stating that the college was recognized but it was not so OP directed to refund total deposited amount with compensation of Rs. 60,000/- to each student 2010(1) CPC 492 U.P.

Complaint Complaint against University not maintainable according to latest decision of the Supreme Court Complaint allowed to be withdrawn with liberty to approach other competent court - 2010(2) CPC 364 H.P.

Complex question Complex question relating to Educational Institute involved in the complaint - Proper remedy lies in Civil Court and not under Consumer Protection Act - L.R. Budaniya v. Jagdish Kumar Garg, 2004(1) CPC 66 Chd.

Computer Course - A Computer Company failed to deliver Diploma in computer after charging fee from trainees - Computer Company and its Franchise Centre directed to refund fee with costs - 1999(2) CPC 440 Pb.

After continuing course of computer it was revealed the Institute was not affiliated with Delhi University - Half of fee paid directed to be refunded to student - 2005(1) CPC 502 Delhi

Complainant has to leave computer course in between due to lack of qualified faculty - OP directed to pay a sum of Rs. 1,500 with cost - Amit Kumar Juneja v. NIIT Ltd., 2006(1) CPC 613 Delhi

Complainant leaving classes of his own after one year - Held not entitled to refund of tuition fee - 1999(1) CPC 17 Hr.

Computer classes not started despite the payment of fee by complainant - Computer Organisation directed to refund fees with 15% interest along with Rs. 25,000 as compensation - Vivek Garg v. Rajeev Kumar, 1998(2) CPC 540 Chd.

No commitment was proved to have ben made by respondent to provide job after completion of computer course - Relief declined to appellant - 1994(1) CPC 269 N.C.

Computer Education - Institution closed computer classes before completion of course - Students held entitled to refund of fees - Mohansingh Siddhu v. Kumari Sarla Badkul, 1998(2) CPC 65 M.P.

Unilateral change in course of study by Institution from degree to diploma course - Refund of fees with 18% interest ordered - 1998(2) CPC 13 Chd.

5

Computer training - Certificate of computer training found not genuine as Institution of OP was not recognized - OP directed to refund amount of fee with compensation and cost of Rs. 16600 - Uptron Academy of Computer Learning (Uptron ACL) v. Manjit Singh, 2007(2) CPC 467 Chd.

Consumer - A student appearing in examination held by University cannot be held to be a consumer under CP Act - Nor University has rendered service for consideration - 2007(1) CPC 226 N.C.

--Boy suffered burnt injuries with cracker in hostel Complainants parents paying fee to school authorities - Thus he is consumer - 2010(2) CPC 449 A.P.

--Undue delay in declaration of result of computer course Complainant is consumer under CP Act - 2009(3) CPC 609 H.P.

Complaint against private college for violating terms of contract of service for delay in payment of gratuity amount - Complainant is not a consumer - 2006(2) CPC 739 Hr.

A student availing service of OP by paying tuition fee as consideration is a consumer under CP Act - 2006(2) CPC 391 Delhi

--Universities while conducting the examinations and evaluating the marks discharge their statutory duties and are not consumer under CP Act 2010(1) CPC 206 N.C.

A student suffering due to wrong declaration of result is a consumer to claim compensation from University - 1993 CPC 386 Maha.

Board committed irregularity in holding the examination and in declaration of result - Complainant is a consumer under the C.P. Act - 2006(1) CPC 336 Raj.

Delay in declaration of result - Matter does not come under ambit of CP Act - Examinee not a consumer - 2008(1) CPC 509 N.C.

Complainant had written manuscript of his own volition - Services not hired by O.P. - O.P. not obliged to pay fellowship amount as he is not a consumer - P.S. Sawhney v. Principal S. K. Bhattacharya, Technical Teachers Training Institute, 2004(1) CPC 159 Chd.

Result declared through gazette notification but student failed to consult the gazette - University being not a consumer is not liable for any negligence - 2007(2) CPC 553 Pb.

School fee deposited by father of minor son - Father being a beneficiary is covered by definition of consumer - Millennium School Bharatiya Academic Society v. Jagan Lal Badwani, 2004(2) CPC 343 C.G.

Complaint against delay in declaration of result by Education Board - Complainant not a consumer - Relief declined - 2004(2) CPC 506 N.C.

--Grievance against non implementation of order of transfer by Superior Officer of Education Department - Dispute is not covered under Consumer Act - 2002(2) CPC 401 Orissa

A person desiring to do technology course for earning his livelihood by self employment is a consumer - Sunny Garg v. Z.I.L.S. Limited, 2005(1) CPC 441 Chd.

Consumer dispute - Education or matter of refund of fees by an Institution does not come under the heading of Consumer Dispute - Consumer Association of Haryana v. D.A.V. Public School, 1999(1) CPC 33 Hr.

--Complaint against Education Board for non-payment of gratuity and pension - Matter does not relate to a consumer dispute - Relief declined - State of Haryana through D.P.E.O. v. Sumitra Devi, 2005(2) CPC 363 Hr.

--A university in re-checking of marks etc. is not a service provider No relief is permissible against University as per latest law laid down by the Apex Court - 2010(2) CPC 504 N.C.

--Complaint against University not maintainable according to latest decision of the Supreme Court Complaint allowed to be withdrawn with liberty to approach other competent court - 2010(2) CPC 364 H.P.

Course of Technology - Opposite Party failed to make necessary provision for completion of technology course despite payment of Rs. 11.59 lacs - Complainant is a consumer to claim relief - 2005(1) CPC 441 Chd.

Course with placement - OP published an advertisement in newspaper offering a course with 100% job guarantee Issued certificates proved to be false Unfair Trade Practice proved Entitled to relief - 2010(3) CPC 473 N.C.

Date of Birth - Complainant ran from pillar to post but his date of birth was not corrected in High school certificate - Education Board and headmaster directed to pay total sum of Rs. 26,000 as compensation and cost with correction of date of birth - 2004(2) CPC 288 Orissa

--Difference in date of birth shown in provisional certificate and that given in original certificate causing loss of employment OP directed to correct date of birth with cost and compensation of Rs. 26,000 2009(1) CPC 682 N.C.

6

--Complainant did not produce original document to prove actual date of birth Report of Secretary of Board ignored by Fora below Relief granted to complainant cannot be sustained Order set aside - 2010(2) CPC 601 S.C.

--Date of birth mentioned in school certificate has precedence on the date of birth mentioned in the driving license for determination of insurance claim - 2010(2) CPC 378 N.C.

Deficiency in Service - O.P. institution willing to impart education to complainant who left the college of her own will - No case of deficiency in service is made out in the case - 2008(2) CPC 16 Pb.

School authority refused to issue school leaving certificate to mother of son as matter of guardianship was subjudice - Authorities committed no fault - 2003(1) CPC 601 Maha.

--Complainant was unable to prove that OP refused to issue duplicate certificate of M.Sc degree If his plea is accepted how he joined the service of teacher without the documents OP not liable for deficiency in service 2011(1) CPC 703 S.C.

--Complainants daughter denied admission in B. Tech course as she could not pay illegal money of Rs. 3 lacs demanded by OP OP directed to pay compensation of Rs. 25,000 alongwith cost of Rs. 5,000 2009(1) CPC 69 Delhi

--Roll number not issued by OP Institution despite payment of requisite fee OP held liable for deficiency in service - 2010(2) CPC 722 Pb.

Delay in decision - Consumer disputes could not be decided within three to five months as provided by law due to non-appointment of members of Commission - Government is guilty of deficiency in service - 2007(1) CPC 116 Delhi

Delay in report - Complainants result was delayed as the complainant failed to submit project report of Computer course - College not liable for deficient service - Amarjit Kaur v. Appejay College of Fine Arts, 1998(2) CPC 16 Pb.

Delay in result Complainant could not apply for the post of lecturer in Govt. College due to delay in declaration of her result of computer course OP directed to pay compensation of Rs. 1.25 lacs with 9% interest - 2009(3) CPC 609 H.P.

--Complaint against Education Board for delaying result for more than 3/4 months Consumer Fora have no jurisdiction as it is a statutory function discharged by a statutory body 2011(1) CPC 472 N.C.

Dental College - Classes closed due to students strike - Complainant entitled to refund of total fee with 15% interest - Sriram Chandran v. R.D. Pennathur, 1999(1) CPC 261 Ker.

Diploma Course - Deduction of 1% from capitation fee, when admission is refused to student is not justified - 1995(1) CPC 235 Ker.

Full syllabus not covered in two years Diploma Course despite payment of fee Rs. 36,000 - Respondent liable for deficiency in service - Case remanded - 2005(1) CPC 71 Chd.

Diploma Course not recognized - Recognition of O level examination by University - Assured diploma recognized by University, not issued - No deficiency in service proved - 2008(3) CPC 194 N.C.

Doctrine of Stare Decises - The doctrine means to abide by or adhere to decided case - Courts are to stand by precedent. (Minority view) - 1996(1) CPC 385 N.C.

Documentary evidence Complainant did not produce original document to prove actual date of birth Report of Secretary of Board ignored by Fora below Relief granted to complainant cannot be sustained Order set aside - 2010(2) CPC 601 S.C.

Drowning of student - A student while on school picnic on bank of river was drowned due to negligence of accompanying teacher - OP directed to pay compensation of Rs. 3,38,000 for sheer negligence - 2007(1) CPC 119 Guj.

Duty of Examiner and Education Board - It is the duty of board to give paramount consideration to ability of examiner who should award marks to examinee in a fair manner - 2007(1) CPC 2 S.C.

Education - A candidate appearing in examination cannot be regarded as hirer of service for consideration of University - 1998(2) CPC 702 H.P.

Imparting of education by education of institution for consideration falls within the ambit of services as defined in Consumer Protection Act, 1986 - 2009 (3) CPC 217 S.C. distinguished 2011(1) CPC 143 Raj.

A candidate appearing in University examination to get a degree certificate does not come under the definition of a consumer - 2003(1) CPC 574 Guj.

A clause in prospectus of an Institution cannot prevent a student from claiming the refund when he had not attended the classes - 1995(1) CPC 57 A.P.

7

A complaint against University which is a statutory body is not maintainable under C.P. Act - 2000(2) CPC 708 U.P.

A person appearing in examination is not a hirer of services of the University under the C.P. Act - 1998(2) CPC 683 A.P.

A student appearing in examination held by University cannot be held to be a consumer under CP Act - Nor University has rendered service for consideration - 2007(1) CPC 226 N.C.

A student applying for revaluation of his result comes under the definition of a consumer - 1993 CPC 383 Raj.

A student availing service of OP by paying tuition fee as consideration is a consumer under CP Act - 2006(2) CPC 391 Delhi

A sum of Rs. 9,200 was deposited with appellant for Dental Course - Class was never attended - Complainant entitled to refund of total deposits with interest - 2004(2) CPC 609 H.P.

--A university in re-checking of marks etc. is not a service provider No relief is permissible against University as per latest law laid down by the Apex Court - 2010(2) CPC 504 N.C.

Admission - Student of X class of the same school cannot be denied admission to XI class by his school on the basis of low percentage of marks even if the school is unaided recognised school - 1995(2) CPC 311 S.C.

Admission in Institute by paying Rs. 60,000 Student leaving institute due to ragging - O.P. bound to refund entire amount of admission fee - 2004(1) CPC 340 A.P.

--Admission of complainant was set aside by University due to illegibility - Complainant in the absence of necessary qualification cannot be admitted to the course of BDS - 2005(2) CPC 450 Hr.

Admitting a student to a course with implied promise of providing education is obviously a service offered against consideration through prospectus - 1995(1) CPC 58 Goa

After continuing course of computer it was revealed the Institute was not affiliated with Delhi University - Half of fee paid directed to be refunded to student - 2005(1) CPC 502 Delhi

All applicants except complainant were ordered refund of security for school admission from respondent school - Complainant also deserves the refund of the amount - 1996(2) CPC 165 Hr.

Amount deposited by ineligible candidate for B.C.A. Course - O.P. franchisee directed to refund the amount with compensation of Rs. 20,000 University held not liable - 2005(1) CPC 65 Chd.

An Education Board, performing statutory duty of conducting examination does not come under the ambit of C.P. Act - 1998(1) CPC 358 Hr.

An X-Ray equipment cannot be said to have been purchased for commercial purpose merely that is being used by students paying certain fee - 1997(2) CPC 400 N.C.

--Appellant student claimed refund of total deposited fees after migrating to other college of her own Will Total amount not refundable Only refund of 15% amount enhanced illegally was reasonable 2010(1) CPC 398 Pb.

Appellant student voluntarily left the course after attending for 3 days without reason - Respondent Institution not liable to refund the deposits of fee - 2006(1) CPC 166 Chd.

Appellant/OP refused to refund security amount after completion of B-Tech Course against terms of agreement - Appellant directed to refund the security amount - 2006(1) CPC 164 Chd.

--As per prospectus of college student cannot claim refund of deposited fee if he/she shifted voluntarily to another institution Refund of fee rightly denied by OP-College 2010(1) CPC 559 N.C.

--As per Regulations of OP college, fee once paid was refundable if seat vacated by the complainant was filled up by other student before last date of admission Complainant, unable to prove this fact not entitled to refund of fee - 2010(3) CPC 622 Pb.

--Bihar Educational Board delayed result of complainants son Forum directed OP to pay Rs. 12,000/- with interest for delay in result As Board is not a service provider, impugned order was set aside - 2009(3) CPC 217 S.C.

Candidate deposited fee but could not continue studies due to illness - O.P. directed to refund deposits with compensation Rs. 57,000 and costs Rs. 2,500 and certificate - 2005(1) CPC 91 T.N.

Claim for refund of caution money and membership fee from school - Consumer jurisdiction barred as petitioner is not a consumer - 2000(1) CPC 621 Raj. H.C.

8

Claim of refund of fees accepted against College and University - University not liable when it had received no payment of fees - 2004(2) CPC 249 Raj.

--Classes not started after receing fee for less number of students - University directed to refund the amount with cost - 1999(1) CPC 292 Kerala

Classes of BDS were not started even after receiving Rs. 1,12,900 as admission fee - Refund with 12% P.A. interest alongwith Rs. 8,000 as compensation directed to be paid to complainant - 1999(2) CPC 655 Chd.

Coaching Institute can take advance for 2-3 months but not for whole duration - They cannot convert themselves into commercial shops - Refund of Rs. 20,000 with cost/compensation of Rs. 8,000 ordered - 2007(2) CPC 188 Delhi

College was not affiliated but still deposit of Rs. 52,245 was accepted from complainant - OP directed to refund deposits with 7.5% from date of deposit - 2007(1) CPC 77 H.P.

Complainant after depositing amount of admission fee etc. leaves the College voluntarily when institution is willing to impart education - Complainant not entitled to refund of deposits - 2008(2) CPC 16 Pb.

Complainant changing stand about incompetency of teaching staff - Relief declined - 2004(2) CPC 41 Chd.

--Complainant could not be promoted to 5th semester system as he failed to clear paper of 3rd and 4th semester system OP not liable for deficiency in service as it had acted as per its regulation 2011(1) CPC 299 H.P.

Complainant could not get admission in M.A. class due to mistake of University which wrongly declared him unsuccessful - University directed to pay compensation of Rs. 50,000 with costs - 2007(2) CPC 497 H.P.

--Complainant could not prove that he was denied admission by violating Regulations of University Admission in vacant seat was given to other students on merit as per their ranking marks Complaint not entitled to refund of full fee - 2009(3) CPC 520 Pb.

Complainant failed to appear in examination as the Bank draft was not signed by Bank Manager - Held, entitled to compensation of Rs. 35,000 - 1993 CPC 535 N.C.

Complainant given admission in B.D.S. Course by concealing real strength of students - College authorities held liable for causing loss to complainant - Refund with 18% interest allowed - 1997(2) CPC 136 N.C.

Complainant got admission in another college immediately after depositing total fee with OP OP is bound to refund deposits after deducting Rs. 1,000/- only as process fee 2011(1) CPC 219 N.C.

--Complainant got admission in BDS College and deposited a sum of Rs. 5,15,000 but college found to be unrecognized OP directed to refund Rs. 5,15,000 with 12% interest Modification made by National Commission set aside - 2010(3) CPC 199 S.C.

Complainant got admission in disaffiliated school at their own risk - Cannot claim compensation for disaffiliation - 1998(1) CPC 161 Chd.

Complainant had to leave I.I.T.T. course due to lack of facilities - OP directed to refund security amount of Rs. 90,000 with other proportionate amount with 6% interest - 2002(2) CPC 488 Chd.

--Complainant left O.P. institution as he got admission elsewhere Seat not proved to have been remained vacant Appellant University is bound to refund total amount with compensation of Rs. 4,000 2010(1) CPC 142 N.C.

--Complainant left the college and vacant seat filled by institution Refund of amount deposited by complainant could not be denied on the plea that prospectus and admission form provided for non-refund of amount - 2009(1) CPC 304 H.P.

--Complainant not allowed to appear in examination as his roll number was wrongly allotted to another student University directed to pay compensation of Rs. 20,000 with cost - 2009(1) CPC 32 N.C.

--Complainant paid coaching fee for two years but left the college after one year as coaching was not satisfactory Complainant is entitled to refund of fee for one year in view of U.G.C. instructions - 2009(3) CPC 187 N.C.

Complainant ran from pillar to post but his date of birth was not corrected in High school certificate - Education board and headmaster directed to pay total sum of Rs. 26,000 as compensation and cost with correction of date of birth - 2004(2) CPC 288 Orissa

9

Complainant remained unsuccessful in passing the test necessary for M.T. job - Accepted salary of apprentice job as final settlement - Refund of fees unjustified - 2004(2) CPC 144 Pb.

--Complainant was forced to discontinue two years computer course after 6 months against agreed terms - Opposite Party liable to refund total fee with 18% interest - 2004(1) CPC 574 Pb.

--Complainant was issued a receipt of Rs. 2,000 for payment as tuition fee The plea that total fee of Rs. 9,000 be refunded cannot be accepted in the absence of documentary evidence - 2010(2) CPC 722 Pb.

Complainant was not issued D.M.C. despite payment of balance amount of fee - O.P. directed to issue the same with compensation of Rs. 1,500 - Promotion to next class refused - 2005(2) CPC 624 Hr.

--Complainant was refused conferment of a degree as she appeared in examination in violation of University regulations Complainant is not a consumer nor the University is a service provider - 2010(2) CPC 696 S.C.

Complainant was unable to prove that OP refused to issue duplicate certificate of M.Sc degree If his plea is accepted how he joined the service of teacher without the documents OP not liable for deficiency in service 2011(1) CPC 703 S.C.

Complainant was wrongly made to pay tuition fee by respondent which was not recognised institution - Compensation of Rs. 10,000 awarded to the complainant - 1993 CPC 66 (2) Chd.

--Complainants daughter denied admission in B. Tech course as she could not pay illegal money of Rs. 3 lacs demanded by OP OP directed to pay compensation of Rs. 25,000 alongwith cost of Rs. 5,000 - 2009(1) CPC 69 Delhi

Complainants daughter failed to pass 9th class preliminary examination - School authorities declined to show student having passed 9th class - No deficiency in service committed - 2000(1) CPC 502 Pb.

Complainants result was delayed as the complainant failed to submit project report of Computer course - College not liable for deficiency service - 1998(2) CPC 16 Pb.

--Complainants joined the courses and completed training Certificates not issued by OP Dispute between OP management and council Deficiency in service proved Compensation awarded by the State Commission justified - 2010(3) CPC 385 N.C.

Complaint against college and university - University not liable to pay compensation when it is already paid by college - 2004(2) CPC 513 U.P.

Complaint against delay in declaration of result by Education Board - Complainant not a consumer - Relief declined - 2004(2) CPC 506 N.C.

Complaint against University for deficiency in service relating to conduct of examination or declaration of result is not maintainable under Consumer Protection Act - 1999(2) CPC 189 Pb.

Complaint against University for irregularities in examination papers is not maintainable under the C.P. Act - 2003(2) CPC 581 N.C.

Complaint relating to refusal of admission in college with certain complicated matters - Matter can be decided by civil court - 2000(2) CPC 556 Orissa

Complex question relating to Educational Institute involved in the complaint - Proper remedy lies in Civil Court and not under Consumer Protection Act - 2004(1) CPC 66 Chd.

Conducting examination by University may be a statutory duty but conducting the study course is not a statutory function - 1998(1) CPC 22 Pb.

Conducting of examination by the University comes under the definition of service - 1996(1) CPC 292 J&K

Declaration of result or holding of examination does not come within purview of Consumer Protection Act - 1998(2) CPC 97 Maha.

--Delay in declaration of result - Matter does not come under ambit of CP Act - Examinee not a consumer - 2008(1) CPC 509 N.C.

Delay in issuance of marks sheet - Principal and college liable for non-payment of examination fee - Directed to Rs. 25,000 and costs to Rs. 2,000 each - 2006(2) CPC 538 Chhattisgarh

Demand of two diplomas under one financial package offered by Opposite Party cannot be believed, when complainant declined to appear in second examination - Complaint dismissed - Komal Prasad Sahu v. Goutam Choudhary, 2004(2) CPC 209 C.G.

Deposit of Rs. 1 lac as security and Rs. 8,000 as tuition fee by complainant who was relieved by OP with its consent - Complainant entitled to refund of security deposits with 18% interest - 2003(2) CPC 488 Pb.

10

Detention of result for 3 years by Parishad as complainant failed to submit transfer certificate - Parishad not at fault - 1998(2) CPC 81 U.P

--Difference in date of birth shown in provisional certificate and that given in original certificate causing loss of employment OP directed to correct date of birth with cost and compensation of Rs. 26,000 - 2009(1) CPC 682 N.C.

Dispute between candidate and Education Authorities about Examination is not a consumer dispute - 1997(1) CPC 497 Hr.

Dispute between examinee and University does not come within purview of Consumer Protection Act - 1998(1) CPC 389 Hr.

Draft of Rs. 810 was sent with original certificates for admission - Loss of certificates is an immense loss to candidate - 2005(2) CPC 395 Delhi

Education according to the latest law does not come under the Consumer jurisdiction - Order of District Forum is set aside - Appeal allowed - 1996(1) CPC 591 Hr.

Education Board failed to intimate name of examination Centre - Directed to pay compensation - 2005(1) CPC 99 Raj.

Education Board not performing any service for hire, does not come within the consumer jurisdiction - 1995(2) CPC 433 N.C.

Education Board refused to issue duplicate certificate as original was lost - Directed to issue the same with compensation of Rs. 2500 - 2000(1) CPC 470 Pb.

--Education Board while conducting the examination or rechecking the marks discharged its statutory function and not rendering any services Order of Forum granting relief to the candidate set aside 2010(1) CPC 310 M.P.

Education comes under the definition of service as defined under the Consumer Protection Act - Relief granted to examinee - 1993 CPC 860 Hr.

Education or matter of refund of fees by an Institution does not come under the heading of Consumer Dispute - 1999(1) CPC 33 Hr.

--Education squarely comes under service under the C.P. Act - 1994(2) CPC 131 Hr. Education squarely comes under service under the Consumer Protection Act - 1993 CPC 750 H.P. Educational Institutions cannot be allowed to act maliciously in their field - 1998(1) CPC 254 Pb. Educational institutions do not provide a service on hire - A student is not a consumer under the Act -

1996(1) CPC 498 Raj.Educational service do not come under the ambit of C.P. Act - 1995(2) CPC 388 Hr.Enrollment could not be issued to the complainant relating to admission in 10+1 class due to negligence

of the college - College directed to pay compensation of Rs. 25,000 for negligence - 2006(1) CPC 330 Hr.Even if a student withdraws from studies, he is entitled to refund of fees - 2008(1) CPC 85 T.N.Examiner recorded 654 marks in High School Certificate Examination whereas actual marks were 690 -

Board directed to pay Rs. 20,000 out of which Rs. 15,000 may be recovered from computer firm - 2007(1) CPC 2 S.C.

--Expulsion of Rules Breach of Rules Educational Institutions cannot be directed to act in breach of their rules and regulations - 2010(3) CPC 419 N.C.

Fee for joining education course was deposited with OP - Subsequently complainant was admitted in LL. B. Course and he requested for refund of Rs. 32,000 - Appellant is liable to refund the amount - 2007(2) CPC 96 Raj.

Fee paid for B.Ed course Non conduct of examination Affiliation of institute was cancelled pursuant to order of Supreme Court Order of District Forum awarding the compensation justified 2011(1) CPC 486 Delhi

Full syllabus not covered in two years Diploma Course despite payment of fee Rs. 36,000 - Respondent liable for deficiency in service - Case remanded - 2005(1) CPC 71 Chd.

Incorrect answers were supplied to complainant by O.P. against payment of Rs. 4,800 for a Brilliant Tutorials - O.P. directed to refund the fee with compensation and costs - 2007(2) CPC 27 N.C.

11

--Institute published false advertisement College neither affiliated nor recognized for imparting education Respondents lost two academic years Deficient service proved Institute directed to pay Rs. 1 lacs as compensation and costs of Rs. 1 lack each - 2009(1) CPC 604 S.C.

Issuance of school leaving certificate showing actual position of student - School authorities not liable for deficiency in service - 2000(2) CPC 98 Pb.

It is incorrect to say that education does not come under the heading of service under the Consumer Protection Act - 1993 CPC 182 Hr.

It is settled law that where a student voluntarily discontinues his studies, he is not entitled to refund of the amount deposited with the institute - 2008(2) CPC 678 Pb.

Malpractice of affiliation and charging fees from students comes under the purview of C.P. Act - 1996(2) CPC 112 Kerala

Matter related to issuance of marks sheet and conduct of examinations does not come in the purview of Consumer Protection Act - 1999(2) CPC 52 U.P.

--Mere non-supply of Roll Number to a student by Education Board does not render the Board liable for deficiency in service - 1997(1) CPC 367 Pb.

Migration fees - Appellant willingly paid college fees for seeking migration to another college - Relief declined - 1994(2) CPC 114 Hr.

Mistake in fathers name in Marks sheet - Concerned Official held liable for deficient service - 1998(1) CPC 310 A.P.

Name of teacher (OP) not correctly given - Complaint against O.P. for non declaration of result dismissed - 2004(1) CPC 119 Pb.

No cut off percentage of marks can be fixed by Educational Institution for admission in higher class - 1997(2) CPC 539 Delhi

Non issuance of permission in letter for examination DD misplaced in office of Institution due to which roll number was not sent to the complainant Deficiency in service proved Complainant entitled to compensation 2011(1) CPC 143 Raj.

Non refund of admission fee of the College is not a deficiency in service - 1995(1) CPC 184 N.C.O.P. agreed to refund 90% of deposited fees if he was admitted in another institute - O.P. directed to

comply with its obligation - 2005(1) CPC 165 Chd. --O.P. charged tuition fee of Rs. 6,000 by falsely stating that institution was affiliated with the University

Amount of compensation of Rs. 5,000 being inadequate the same is enhanced to Rs. 30,000 - 2009(3) CPC 503 Kar.

Once complainant lecturer sought voluntary retirement from service of private college - College authorities cannot be held liable for any mental harassment - 2006(2) CPC 739 Hr.

--OP college wasted two years of 16 students by falsely stating that the college was recognized but it was not so OP directed to refund total deposited amount with compensation of Rs. 60,000/- to each student 2010(1) CPC 492 U.P.

OP institution agreed to refund tuition fee but later on backed out - Complainant seat was allotted to other student after it was vacated by complainant - Refund of amount of fee justified - 2006(2) CPC 155 Pondicherry

OP University harassed complainant by delaying decision on migration certificate by 6 years on one pretext or other OP directed to issue certificate with compensation of Rs. 20,000 and cost of Rs. 1,000 2011(1) CPC 697 Pb.

Opposite Party College wrongly stated that subject of journalism was included in B.A. Course - Opposite Party held liable for refund of fee and other charges to complainant - 2005(1) CPC 465 Pb.

Opposite party extracted Rs. 12000 from complainant student and issued forged Detailed Marks Cards without imparting any education - Complainant entitled to refund of amount with interest and cost - 2000(1) CPC 593 Pb.

Opposite Party failed to provide standard training to students as agreed - Directed to refund fees with compensation and cost - 2004(1) CPC 641 Delhi

Opposite partys college collecting fees for Master of Personal Management course for which it was not authorised to grant admission - Held liable for deficiency in service - 2000(2) CPC 522 M.P.

12

Parents and student who is imparted education, are covered by definition of consumer under the Act - 1995(2) CPC 317 Guj.

--Period of seven months in revaluating a result by University is not unreasonable and cannot be termed as a deficient service - 1993 CPC 547 Hr.

Pharmacy course - Pharmacy college delayed registration of complaint by 2 years - Complainant entitled to Rs. 10,000 as compensation - 1994(2) CPC 230 N.C.

Prayer for revaluation of paper of B.A. examination declined by department - Matter not covered under the C.P. Act - Complaint dismissed - 2000(1) CPC 438 T.N.

Recognition of O level examination by University - Assured diploma recognized by University, not issued - No deficiency in service proved - 2008(3) CPC 194 N.C.

--Refund of College fee - Student deposited amount of Rs. 76,250/- with the College but shifted to another College Fees not refundable as per terms of prospectus Only security amount etc. amounting to Rs. 25,000/- ordered to be refunded - 2009(3) CPC 75 Pb.

Refund of deposited amount with Education Institute without other compensation ordered - Order upheld - 2003(2) CPC 634 Chd.

Refund of fee was declined as per the norms laid down by the Panjab University - No deficient service on the part of the respondent proved - 2002(2) CPC 497 Chd.

Refusal of registration for M. Phil class after passing entrance test amounts to be deficient service - University cannot be exempted from operation of Consumer Protection Act - 1999(1) CPC 334 Pb.

Refusal to refund of Fee before start of tuition classes by OP institution - Directed to refund total fee with costs of Rs. 5,000 - 2007(1) CPC 647 Delhi

Respondent college charged Rs. 14,000 and Rs. 2,000 for courses not duly recognized by any university - OP directed to refund entire amount with Rs. 25,000 as compensation and Rs. 10,000 as punitive damages - 2008(2) CPC 484 H.P.

--Respondent falsely admitted petitioner in BAMS degree course that it was affiliated to Punjab University and approved by CCIM Petitioner, held entitled to refund of admission fee with 12% interest and Rs. 2 lacs compensation - 2009(1) CPC 474 Pb.

Respondents result was delayed for more than one year for non payment of minor amount of fees - Patent deficiency in service proved - 1994(1) CPC 199 Hr.

Result - Complainants result was delayed but she was declared successful - There is no deficiency in service - 1994(2) CPC 109 Hr.

Rival contention raised by both the parties regarding admission of complainant in another college - Case remanded to Distt. Forum for fresh decision - 2007(2) CPC 226 N.C.

Service rendered by the school is covered by the definition of service under the Act - 1993 CPC 221 Delhi.

--Showing complainant absent in one paper was deficient service when infact he had appeared in that exam Compensation as consolidated reduced to Rs. 15,000 from Rs. 30,000 2010(1) CPC 178 N.C.

SSC examination Incorrect certificate issued Petitioner cannot be treated as a service provider and respondent who appeared at the SSC examination cannot be treated as a consumer Compensation awarded by Foras below set aside 2011(1) CPC 492 N.C.

Student after paying Rs. 50,000 as admission fee to Opposite Party shifted to another college voluntarily - O.P. not liable to refund admission fee 2004(1) CPC 383 Chd.

--Student deposited admission fee but left the college of his own will Claim for refund of fees not justified Forfeiture of fees ordered - 2009(2) CPC 736 Pb.

--Student deposited amount of fees for admission in B.Sc (HS) but did not attend the class even for a single day Refund of total amount ordered by Forum held to be justified - 2009(3) CPC 193 Chandigarh

Student who is himself at fault cannot claim compensation from the School for striking off his name - 1993 CPC 750 H.P.

--Student withdrawing voluntarily from college - Cannot claim refund of fees paid to the college - 2004(1) CPC 216 A.P.

13

Study material not sent to student in time - Lot of time spent in translation work - Opposite Party liable to pay reduced compensation of Rs. 5,000 - 2004(2) CPC 98 Pb.

The college authorities did not refund stipulated fee when the complainant was admitted in another college - Refund of fee with 12% interest allowed - 1994(1) CPC 303 Bom.

The service of examinations even on payment of fee is not covered under Consumer Protection Act - 1997(2) CPC 460 Pb.

Transfer certificate applied on 11.7.1990 - Issued on 12.7.1990 - Charging of fees for July, 1990 not justified - 1996(1) CPC 286 Raj.

University changed the date from 15.4.1992 to 14.4.1992 without informing the complainant - Deficiency in service proved - University directed to award pass mark to student - 1994(1) CPC 507 Orissa

University is not bound to take examination or publish the result of student of unaffiliated college - 2003(1) CPC 358 Jhar.

University while conducting the examination of candidates does not render any service for consideration - C.P. Act held not applicable - 1994(2) CPC 232 N.C.

Valuation or revaluation of marks of a candidate by University is not a service as defined u/s 2 (1)(g) of the C.P. Act - 1995(2) CPC 660 N.C.

--When fee is charged for appearing in examination, the candidate is a consumer vis--vis declaration of result 2010(1) CPC 178 N.C.

--Where student attended only for 3 out of 24 months Refund only after reasonable deduction is justified Administrative charges are not deductive - 2010(3) CPC 576 N.C.

Wrong percentage in complainants result - Education Board ordered to pay Rs. 2,000 to complainant - 1995(1) CPC 419 Hr.

Education Board - Complainants fathers name was misspelt in Detailed Marks Certificate (D.M.C.) causing harassment to student - Education Board directed to pay Rs. 3,000 to complainant - 1999(1) CPC 643 Chd.

Complaint against Education Board or University for non issuance of Roll No. is not maintainable under C.P. Act - 1997(1) CPC 497 Hr.

Board failed to provide roll number despite payment of requisite fee causing mental agony to complainant - Board directed to pay compensation of Rs. 10,000 to complainant - 2007(2) CPC 190 Chd.

Board issued DMC without adding marks in Sanskrit subject - Complainant awarded a sum of Rs. 3,000 with direction to incorporate the marks in D.M.C - 2005(2) CPC 358 Hr.

--Consumer authority cannot give direction to Education Board to declare the result of a student whose enrollment was retained by college of admission due to negligence - 2006(1) CPC 330 Hr.

Revaluation could not be carried due to loss of paper from bundle - Board directed to pay compensation of Rs. 10,000 - Marking on average basis disallowed - 2005(2) CPC 30 Bihar

Education Expenses - Amount spent on education of deceased cannot be considered to determine compensation in a case of medical negligence - 1996(2) CPC 499 Pb.

Education fees - Complainant voluntarily discontinued his study after one year - Refund of deposited amount not permissible - 2007(2) CPC 323 N.C.

O.P. denied to refund deposited amount of education fees even when no service was provided to student - Act of O.P. amounts to a deficiency in service - 2007(2) CPC 161 N.C.

Education regulation - Complainant could not be promoted to 5th semester system as he failed to clear paper of 3rd and 4th semester system OP not liable for deficiency in service as it had acted as per its regulation 2011(1) CPC 299 H.P.

Educational Institution - Admission in BAMS course by wrongly stating that institution was affiliated with University - Owner of institute & not the Principal held liable for deficient service - 2003(1) CPC 278 Pb.

--Complainants daughter was under intense strain of OPs Hostel during study course ultimately she committed suicide OP not found guilty by the High Court Award of Rs. 5 lacs by State Commission set aside 2011(1) CPC 34 N.C.

14

Complainant despite passing of Entrance Examination was denied registration for degree of M. Phil - University directed to pay compensation of Rs. 5,000 - 2005(1) CPC 637 N.C.

Diploma started by Institution not recognised by University - Refund of fees with 18% interest allowed to complainant - 1998(2) CPC 13 Chd.

Educational Institutions recovering fees from students are guilty of Unfair Trade Practice under CP Act - 2007(1) CPC 226 N.C.

Education institutions do not come under the ambit of C.P. Act - 1995(2) CPC 412 Madras H.C.Such Institutions are not completely out side the purview of the C.P. Act. - 1996(2) CPC 112 Kerala Though Education of Institution not covered under C.P. Act - But where hostel facilities are provided on

payment, school authorities come under the ambit of the Act - 1997(2) CPC 314 Hr.--Guidelines issued by UGC to refund of admission fees by Educational Institution except Rs. 1,000 or proportionate

fee is binding on all affiliated institutions - 2010(2) CPC 619 N.C.Educational Service - Answer book not evaluated properly despite deposit of fee - O.P. directed to

evaluate answer book and to pay compensation of Rs. 3,000 - 2006(1) CPC 336 Raj. --Charging of fees in advance by educational institution is highly unethical amounting to unfair trade

practice - 2007(1) CPC 113 DelhiComplainant has to leave computer course in between due to lack of qualified faculty - OP directed to

pay a sum of Rs. 1,500 with cost - 2006(1) CPC 613 DelhiComplainant misled by wrong advertisement was admitted in institute which was not recognized - OP

directed to refund the amount with interest - 2008(1) CPC 411 N.C.--Complainant after taking admission in an MBA surrendered the seat in the mid-course which remained

vacant in the year OP not liable to refund the admission fee - 2009(1) CPC 31 N.C.--Complainant was prevented from appearing in the examination held by KPSC due to lack of hall ticket

KPSC could not prove that hall ticket was received by complainant through speed post KPSC is liable for deficiency in service - 2009(1) CPC 41 N.C.

--Guardian of student signed the undertaking for non refund of fees Complainant failed to attend classes despite writing to him by institute Refund of fees disallowed Only security amount is refundable - 2009(1) CPC 213 N.C.

Complainant paid admission fees for B.Ed. correspondence course - Admission not given by University - Complainant entitled to refund of fees paid with interest - 2004(2) CPC 651 N.C.

Complainants daughter voluntarily shifted to another College from Appellants Institution - Appellant directed to refund admission fee with 9% interest without compensation - 2004(1) CPC 243 Guj.

Education service falls under the ambit of service under the Act - 2005(1) CPC 663 Kar.False certificates regarding passing of examination issued by OP - OP directed to refund fee with 18%

and compensation - 2003(2) CPC 600 N.C. OP denied permission to student to sit in examination despite payment of charges which caused loss of

one precious year - Board directed to pay compensation Rs. 25,000 with 12% interest - 2007(1) CPC 43 N.C.School was closed after receiving admission fee - O.P. directed to refund fee with interest and cost -

2004(2) CPC 343 C.G. Seat secured through EAMCET and deposited part payment for NIR seat - Complainant not attend a

single class - Deficient service proved - Refund of amount with interest directed - 2008(3) CPC 94 A.P. Student electrocuted while shifting iron ladder which came into contact with high tension power line -

Relationship of student with college as consumer and service provider not established - Relief declined - 2008(2) CPC 302 N.C.

Eligibility - DEO on recommendation gave Pratibha award to a candidate securing 529 out of 600 marks whereas complainant secured 545 marks OP is directed to pay cash with compensation and cost to eligible candidate 2009(1) CPC 379 A.P.

Entrance Test - Refusal of registration for M. Phil class after passing entrance test amounts to be deficient service - University cannot be exempted from operation of Consumer Protection Act - Ashu Tosh v. Vice Chancellor, Punjabi University, Patiala, 1999(1) CPC 334 Pb.

15

Erroneous Order Matter was decided on merit by District Forum Order of State Commission remanding the matter for re-decision is erroneous 2009(1) CPC 53 N.C.

Examination - Fee paid for B.Ed course Non conduct of examination Affiliation of institute was cancelled pursuant to order of Supreme Court Order of District Forum awarding the compensation justified 2011(1) CPC 486 Delhi

Examination Forms - Students paid fees to Institute which did not send examination form to University - Directed to pay Rs. 5,000 per student as compensation - 1996(1) CPC 315 Kerala

Expulsion from school - Student was removed from school for non-payment of fees As per Rule 25, it was compulsory to deposit fees by 10th of every month Compensation awarded by Fora below set aside Complaint dismissed - 2010(3) CPC 419 N.C.

Ex Parte Order - Petitioner failed to pay conditional costs for setting aside exparte proceeding - Exparte proceeding upheld - 2002(2) CPC 488 Chd.

--Case fixed for O.P.s evidence and not for any act to be done by complainant - Ex parte order passed for non appearance of complainant is illegal - 2003(2) CPC 199 Chd.

Fashion designing course - Complainant after depositing fee of Rs. 24,000 left the course of Fashion Designing of her own will OP not bound to refund the amount of fees as per conditions of admission form 2010(1) CPC 556 Chd.

Fellowship grant - Complainant had written manuscript of his own volition - Services not hired by O.P. - O.P. not obliged to pay fellowship amount as he is not a consumer - 2004(1) CPC 159 Chd.

Government employee - Teachers employed in Government Aided College demanding arrears of salary - Complaint does not lie under Consumer Protection Act - 1999(1) CPC 493 U.P.

Gratuity Disbursement of gratuity does not come within the purview of Consumer Protection Act - There is no element of hiring of service - 1998(2) CPC 78 Pb.

Hazardous book - As many as 19 out of 45 answers to questions were found wrong in the book meant for PCS Examination - Complainant allowed Rs. 10,000 for suffering loss - Publication banned - Rajesh Sharma v. M/s. Bright Career Institute, 2003(2) CPC 667 Chd.

Hiring of Service Mere payment of token amount of Rs. 80 towards registration in medical college does not amount to consideration for hiring services under C.P. Act - 2009(1) CPC 588 N.C.

--By payment of fee for taking the examination, does not come under the definition of hiring of service - Yadvindra Public School v. Ms. Gunjan Gupta, 1997(2) CPC 460 Pb.

Hostel charges - Complainant voluntarily not occupying the hostel room - Refund of security amount only was allowed - 1997(1) CPC 607 Pb.

Hostel facilities - Though Education of Institution not covered under C.P. Act - But where hostel facilities are provided on payment, school authorities come under the ambit of the Act - Himalaya Public School v. Rishi Dua, 1997(2) CPC 314 Hr.

I.I.T.T. course - Complainant had to leave I.I.T.T. course due to lack of facilities - OP directed to refund security amount of Rs. 90,000 with other proportionate amount with 6% interest - 2002(2) CPC 488 Chd.

Inherent powers - A District Forum has an inherent power of review or recalling an order if the facts of the case so require - 2001(1) CPC 23 Orissa

Instructions of UGC - Educational institutions are bound to refund fees of students who had withdrawn from institutes by securing admission in another institute as per instructions of UGC - 2009(1) CPC 272 N.C.

Interest - Interest on refund of deposit by defaulting college should be counted from the date of deposit - Vivek Minhas v. I.I.T.T. College of Engineering, Kala Amb, 2007(1) CPC 77 H.P.

Interviews - Notice for interview were dispatched on 26.2.1993 - Date of interview was 4.3.1993 - School authorities not liable for loss - Rohit Jain v. Dewan Hari Krishan Dass, 1995(1) CPC 356 Hr.

Interpretation - Interpretation of rules and regulations of a educational instruction cannot be made by consumer fora - Principal, Rajendra College v. Shreeya Hota, 2000(2) CPC 556 Orissa

16

Javelin through - A student met tragic death as the Javelin thrown by another student pieced through his body - The unlucky boy entered the ground from back side - Matter not covered under the C.P. Act - 1998(2) CPC 678 Chd.

Job guarantee Advertisement OP published an advertisement in newspaper offering a course with 100% job guarantee Issued certificates proved to be false Unfair Trade Practice proved Entitled to relief - 2010(3) CPC 473 N.C.

Job oriented courses Complainants joined the courses and completed training Certificates not issued by OP Dispute between OP management and council Deficiency in service proved Compensation awarded by the State Commission justified - 2010(3) CPC 385 N.C.

Judicial decision - State Commission and District Forums are bound to follow decisions of National Commission - 1996(1) CPC 385 N.C.

Liability - Admission in BAMS course by wrongly stating that institution was affiliated with University - Owner of institute & not the principal held liable for deficient service - Ajit Singh Kamra v. Daljit Kaur, 2003(1) CPC 278 Pb.

Maintenance fund/development charges - School authorities cannot charge maintenance or building fund from students as these are not directly related to service of imparting education - 2007(1) CPC 116 Delhi

Manuscript publication - Complainant had written manuscript of his own volition - Services not hired by O.P. - O.P. not obliged to pay fellowship amount as he is not a consumer - P.S. Sawhney v. Principal S. K. Bhattacharya, Technical Teachers Training Institute, 2004(1) CPC 159 Chd.

Marks sheet - Mistake in fathers name in Marks sheet - Concerned Official held liable for deficient service - 1998(1) CPC 310 A.P.

Mental strain Complainants daughter was under intense strain of OPs Hostel during study course ultimately she committed suicide OP not found guilty by the High Court Award of Rs. 5 lacs by State Commission set aside 2011(1) CPC 34 N.C.

Migration certificate OP University harassed complainant by delaying decision on migration certificate by 6 years on one pretext or other OP directed to issue certificate with compensation of Rs. 20,000 and cost of Rs. 1,000 2011(1) CPC 697 Pb.

Misguidance by College - Opposite Party College wrongly stated that subject of journalism was included in B.A. Course - Opposite Party held liable for refund of fee and other charges to complainant - 2005(1) CPC 465 Pb.

Misrepresentation - Complainants were given admission for BDS course by misrepresentation - Course was not recognised by Dental Council of India - Each complainant held entitled to refund of amount with 12% interest and Rs. 20,000 - 2001(1) CPC 140 N.C.

Mistake in Certificate - Complainants fathers name was misspelt in Detailed Marks Certificate (DMC) causing harassment to student - Education Board directed to pay Rs. 3,000 to complainant - 1999(1) CPC 643 Chd.

Mistake in marksheet - Showing complainant absent in one paper was deficient service when infact he had appeared in that exam Compensation as consolidated reduced to Rs. 15,000 from Rs. 30,000 2010(1) CPC 178 N.C.

Necessary party - Claim for refund of fees deposited for a course - Educational Institution is a necessary party - Dr. Mancy Alexander President Dr. Alexander Education Foundation v. Preena Kurian, 1996(2) CPC 112 Kerala

Notice - An Institute not bound to give individual notice to each student appearing for viva-examination - Display of notice on Notice Board of Institute is sufficient compliance of service - 1995(1) CPC 142 N.C.

Officials fault - Delay of 77 days in filing appeal - Time spent in official consultation not sufficient ground for condonation - Punjab School Education Board, Mohali v. Harpal Singh, 2003(1) CPC 147 Pb.

Opportunity - Counsel of O.P. was debarred from practice at the time of engagement - O.P. could not be represented - Case remanded - 2005(1) CPC 32 N.C.

P.C.S. examination - As many as 19 out of 45 answers to questions were found wrong in the book meant for PCS Examination - Complainant allowed Rs. 10,000 for suffering loss - Publication banned - Rajesh Sharma v. M/s. Bright Career Institute, 2003(2) CPC 667 Chd.

P.G. Course - Complainants were denied admission to P.G. course after payment of Rs. 2.50 lacs each as fees - O.P. directed to refund the amount to each complainant within four weeks - 2003(2) CPC 588 N.C.

17

Patent error - Failing student shown as brilliant student - Compensation awarded to student, reduced from Rs. 10,000 to Rs. 1,000 only - 1993 CPC 496 Hr.

Per Incuram - Any decision ignoring the decision of apex court cannot become a binding precedent - 1996(1) CPC 385 N.C.

Personal service - Contracts based upon personal service do not come under the definition of service - Principal, C. Kandaswami Naidu College for Women, Cuddalore v. District Consumer Disputes Redressal Forum, Mylapore, 1995(2) CPC 412 Madras H.C.

Pharmacy course - Pharmacy college delayed registration of complaint by 2 years - Complainant entitled to Rs. 10,000 as compensation - 1994(2) CPC 230 N.C.

Student paid fees and was admitted in B pharmacy course by the Institution not afflicted with University - Student held entitled to refund and compensation - 1995(1) CPC 58 Goa

Pratibha award DEO on recommendation gave Pratibha award to a candidate securing 529 out of 600 marks whereas complainant secured 545 marks OP is directed to pay cash with compensation and cost to eligible candidate 2009(1) CPC 379 A.P.

Precedent A wrong decision taken by Authorities cannot be made a precedent for other case 2010(1) CPC 357 W.B.

Promotion to next class Complainant could not be promoted to 5th semester system as he failed to clear paper of 3rd and 4th semester system OP not liable for deficiency in service as it had acted as per its regulation 2011(1) CPC 299 H.P.

Prospectus - Consumer fora cannot go into the relevancy of rule of a prospectus of an educational institute - Jagdeep Singh v. Regional Computer Centre, 2001(2) CPC 681 Chd.

Provisional certificate Complainant was unable to prove that OP refused to issue duplicate certificate of M.Sc degree If his plea is accepted how he joined the service of teacher without the documents OP not liable for deficiency in service 2011(1) CPC 703 S.C.

Punitive damaged - Respondent college charged Rs. 14,000 and Rs. 2,000 for courses not duly recognized by any university - OP directed to refund entire amount with Rs. 25,000 as compensation and Rs. 10,000 as punitive damages - 2008(2) CPC 484 H.P.

Publishers liability - As many as 19 out of 45 answers to questions were found wrong in the book meant for PCS Examination - Complainant allowed Rs. 10,000 for suffering loss - Publication banned - Rajesh Sharma v. M/s. Bright Career Institute, 2003(2) CPC 667 Chd.

Ragging - Admission in Institute by paying Rs. 60,000 Student leaving institute due to ragging - O.P. bound to refund entire amount of admission fee - G. Bhanuprasad v. A. Srinivasa Rao, 2004(1) CPC 340 A.P.

Refund of admission fee - It is settled law that where a student voluntarily discontinues his studies, he is not entitled to refund of the amount deposited with the institute - 2008(2) CPC 678 Pb.

--Petitioner student did not attend classes even for a single day and had withdrawn candidature before second counseling Refund of fees of Rs. 2,30,000/- with 12% p.a. interest ordered - 2009(3) CPC 57 N.C.

Refund of amount - Complainant misled by wrong advertisement was admitted in institute which was not recognized - OP directed to refund the amount with interest - Puneet Saran v. Vinod and another, 2008(1) CPC 411 N.C.

Refund of dues - Withdrawal from college with its consent - Student entitled to refund of security only - 2003(2) CPC 488 Pb.

Refund of fee - After continuing course of computer it was revealed the Institute was not affiliated with Delhi University - Half of fee paid directed to be refunded to student - 2005(1) CPC 502 Delhi

--As per prospectus of college student cannot claim refund of deposited fee if he/she shifted voluntarily to another institution Refund of fee rightly denied by OP-College 2010(1) CPC 559 N.C.

--Complainant got admission in another college immediately after depositing total fee with OP OP is bound to refund deposits after deducting Rs. 1,000 only as process fee 2011(1) CPC 219 N.C.

--As per Regulations of OP college, fee once paid was refundable if seat vacated by the complainant was filled up by other student before last date of admission Complainant, unable to prove this fact not entitled to refund of fee - 2010(3) CPC 622 Pb.

18

--Claim of refund of fees accepted against College and University - University not liable when it had received no payment of fees - 2004(2) CPC 249 Raj.

--Classes closed due to students strike - Complainant entitled to refund of total fee with 15% interest - 1999(1) CPC 261 Ker.

Coaching centre refusing to refund fees received in advance for period when no service was availed - OP is guilty of deficiency in service - 2007(1) CPC 113 Delhi

Complainant after depositing amount of admission fee etc. leaves the College voluntarily when institution is willing to impart education - Complainant not entitled to refund of deposits 2008(2) CPC 16 Pb.

--Complainant after depositing fee of Rs. 24,000/ left the course of Fashion Designing of her own will OP not bound to refund the amount of fees as per conditions of admission form 2010(1) CPC 556 Chd.

--Complainant after paying coaching fee of Rs. 21,000/- withdrew in midstream and demanded refund of admission fee OP not liable to refund the admission fee as complainant had violated the terms of agreement 2010(1) CPC 563 N.C.

--Complainant after taking admission in an MBA surrendered the seat in the mid-course which remained vacant in the year OP not liable to refund the admission fee - 2009(1) CPC 31 N.C.

--Complainant could not prove that he was denied admission by violating Regulations of University Admission in vacant seat was given to other students on merit as per their ranking marks Complaint not entitled to refund of full fee - 2009(3) CPC 520 Pb.

--Complainant left O.P. institution as he got admission elsewhere Seat not proved to have been remained vacant Appellant University is bound to refund total amount with compensation of Rs. 4,000 2010(1) CPC 142 N.C.

--Complainant left the college and vacant seat filled by institution Refund of amount deposited by complainant could not be denied on the plea that prospectus and admission form provided for non-refund of amount - 2009(1) CPC 304 H.P.

--Complainant paid coaching fee for two years but left the college after one year as coaching was not satisfactory Complainant is entitled to refund of fee for one year in view of U.G.C. instructions - 2009(3) CPC 187 N.C.

Complainant remained unsuccessful in passing the test necessary for M.T. job - Accepted salary of apprentice job as final settlement - Refund of fees unjustified - 2004(2) CPC 144 Pb.

Complainant voluntarily discontinued his study after one year - Refund of deposited amount not permissible - 2007(2) CPC 323 N.C.

--Complainant was issued a receipt of Rs. 2,000 for payment as tuition fee The plea that total fee of Rs. 9,000 be refunded cannot be accepted in the absence of documentary evidence - 2010(2) CPC 722 Pb.

Complainants daughter volunteerly shifted to another College from Appellants Institution - Appellant directed to refund admission fee with 9% interest without compensation - 2004(1) CPC 243 Guj.

--Deficiency - Complainant got the admission of his daughter cancelled - Held, entitled to refund of all the dues except the admission fees - 1993 CPC 221 Delhi

--Demand of deposited fee of Rs. 40,000 raised soon after 4 days Institute cannot forfeit more than 25% of deposited amount - 2009(2) CPC 5 77 U.P.

Education or matter of refund of fees by an Institution does not come under the heading of Consumer Dispute - 1999(1) CPC 33 Hr.

--Educational institutions are bound to refund fees of students who had withdrawn from institutes by securing admission in another institute as per instructions of UGC - 2009(1) CPC 272 N.C.

Even if a student withdraws from studies, he is entitled to refund of fees - 2008(1) CPC 85 T.N.--Guardian of student signed the undertaking for non refund of fees Complainant failed to attend classes

despite writing to him by institute Refund of fees disallowed Only security amount is refundable - 2009(1) CPC 213 N.C.

O.P. agreed to refund 90% of deposited fees if he was admitted in another institute - O.P. directed to comply with its obligation - 2005(1) CPC 165 Chd.

--OP charged tuition fee of Rs. 35,000 for Agriculture Management course of 6 months from 15 complainants who spent Rs. 24,000 each on other training expenses Institution was not recognized by NPC as told OP directed to refund

19

fee with compensation - 2010(3) CPC 84 H.P.--Respondent falsely admitted petitioner in BAMS degree course that it was affiliated to Punjab University

and approved by CCIM Petitioner, held entitled to refund of admission fee with 12% interest and Rs. 2 lacs compensation - 2009(1) CPC 474 Pb.

Students could not complete computer course as Institution was closed before completion of course - Refund of fees ordered - 1998(2) CPC 65 M.P.

Refund of Security - Appellant/OP refused to refund security amount after completion of B-Tech Course against terms of agreement - Appellant directed to refund the security amount - IITT College of Engineering v. Gurpreet Singh, 2006(1) CPC 164 Chd.

Refund of tuition fee - Appellant student voluntarily left the course after attending for 3 days without reason - Respondent Institution not liable to refund the deposits of fee - 2006(1) CPC 166 Chd.

Refund of tuition fee is permissible from start of session till the date a student left for another institution - 2008(1) CPC 501 H.P.

Refund/forfeiture of fees - Student deposited admission fee but left the college of his own will Claim for refund of fees not justified Forfeiture of fees ordered 2009(2) CPC 736 Pb.

Relief - Relief cannot be granted on alleged embezzlement etc. under the Act - Parvesh Kumar v. Institute of Correspondence Studies, Himayat Nagar, Hyderabad, 1993 CPC 66 Chd.

Remand - Rival contention raised by both the parties regarding admission of complainant in another college - Case remanded to Distt. Forum for fresh decision - 2007(2) CPC 226 N.C.

Remand against facts Matter was decided on merit by District Forum Order of State Commission remanding the matter for re-decision is erroneous 2009(1) CPC 53 N.C.

Remote cause - Remote cause of loss cannot be made basis of awarding compensation - It should be based upon direct loss - Harbhajan Singh v. Daya Nand Medical College and Hospital, 1996(2) CPC 499 Pb.

Revaluation - Revaluation could not be carried due to loss of paper from bundle - Board directed to pay compensation of Rs. 10,000 - Marking on average basis disallowed - 2005(2) CPC 30 Bihar

Review - A District Forum has an inherent power of review or recalling an order if the facts of the case so require - Anupam Pani v. Director of Admission, Orissa Engineering College, 2001(1) CPC 23 Orissa

S.S.C. Examination - SSC examination Incorrect certificate issued Petitioner cannot be treated as a service provider and respondent who appeared at the SSC examination cannot be treated as a consumer Compensation awarded by Foras below set aside 2011(1) CPC 492 N.C.

Salary arrears - Matters relating to payment of salary arrears or selection grade of an employee does not come under a consumer dispute - Ram Saran Bajaj v. B.D. Senior Secondary School, 1997(1) CPC 516 Hr.

Teachers employed in Government Aided College demanding arrears of salary - Complaint does not lie under Consumer Protection Act - 1999(1) CPC 493 U.P.

Scholarship - A Welfare State cannot be expected to cancel scholarship of a meritorious student on fictitious grounds - State of Haryana v. Vishal Aggarwal, 1997(1) CPC 520 Hr.

School Admission - A school is not responsible when a student has left the school of his own, if such student is not given admission by another Institution - 1997(2) CPC 717 U.P.

Consumer Forum cannot declare any rule or prospectus of any Institution as unconstitutional - 1997(1) CPC 263 Hr.

Death of student in recess period due to uncontrolled crowd of students - School authorities held liable to pay Rs. 50,000 to parents of each diseased student - 1995(2) CPC 317 Guj.

Infant child admitted in school cannot be penalised for alleged misbehaviour of his mother - School authorities directed to refund total fees with penalty - 1998(1) CPC 561 Chd.

Respondent school not recognised under any Statute - Compensation for applying unfair trade practice declined - 1998(1) CPC 50 Delhi

Student of X class of the same school cannot be denied admission to XI class by his school on the basis of low percentage of marks even if the school is unaided recognised school - 1995(2) CPC 311 S.C.

Withdrawal of student from school as it was wrongly stated to be a branch of recognised school - Compensation declined u/s. 14 (1) (f) of the Act - 1998(1) CPC 50 Delhi

20

School Authorities - Notice for interview were dispatched on 26.2.1993 - Date of interview was 4.3.1993 - School authorities not liable for deficiency in service - 1995(1) CPC 356 Hr.

Complainant had already got his children admitted in another school - Allegation against school not to be sustained - 1995(2) CPC 651 Hr.

Guardian changing his mind about admission of his child in school - Refund of admission fee cannot be claimed as school authorities are not at fault - 1996(2) CPC 242 Chd.

Issuance of school leaving certificate showing actual position of student - School authorities not liable for deficiency in service 2000(2) CPC 98 Pb.

School Fee - Complainant withdrawing his daughter from school for unsatisfactory teaching arrangement - Refund of maintenance, library & security amounts was allowed excluding other admission fee, coaching charges etc. - 2003(2) CPC 303 N.C.

--School shifted to 15 K.M. away - Students withdrawing from school held entitled to refund of security only and no other dues - 1996(2) CPC 165 Hr.

School Leaving Certificate - Complainants daughter failed to pass 9th class preliminary examination within stipulated period - School authorities rightly declined to show the student having passed 9th class - No deficiency in service committed - 2000(1) CPC 502 Pb.

Charges paid as school fees includes charges for issuance of school certificate - No extra charges are payable by student for obtaining the certificate - 2007(1) CPC 116 Delhi

Provisional promotion to 10th class does not entitle a student to get a school leaving certificate showing her having passed 9th class against reality - 2000(2) CPC 98 Pb.

School authority refused to issue school leaving certificate to mother of son as matter of guardianship was subjudice - Authorities committed no fault - 2003(1) CPC 601 Maha.

School picnic - A student while on school picnic on bank of river was drowned due to negligence of accompanying teacher - OP directed to pay compensation of Rs. 3,38,000 for sheer negligence - 2007(1) CPC 119 Guj.

School Prospectus - Consumer Fora have no jurisdiction to declare a prospectus of any school as illegal or invalid - 2001(1) CPC 224 Delhi

Unreasonable conditions - Students are not bound by unreasonable conditions given in the school prospectus - 1993 CPC 221 Delhi

School Result - Detention of result for 3 years by Parishad as complainant failed to submit transfer certificate - Parishad not at fault - 1998(2) CPC 81 U.P.

School Souvenir OP failed to print school souvenir in time despite receiving advance money of Rs. 40,000/- - OP directed to refund deposited amount with 7.5% p.a. interest for deficiency in service 2010(1) CPC 385 Pb.

Service - A student appearing in examination held by University cannot be held to be a consumer under CP Act - Nor University has rendered service for consideration - 2007(1) CPC 226 N.C.

Declaration of result or holing of examination by University is a statutory duty and not a hiring of service under CP Act - Punjab University v. Ram Chander, 2008(1) CPC 699 Hr.

The term service under Consumer Protection Act means a service of any description including admission in higher class by Educational Institution - Ganga Ram Chandna v. The Principal, Doon Public School, 1997(2) CPC 539 Delhi

Education comes squarely within the area of service under the Act - Tilak Raj v. Haryana School Education Board, Bhiwani, 1992 CPC 61 Hr.

--Education Board while conducting the examination or rechecking the marks discharged its statutory function and not rendering any services Order of Forum granting relief to the candidate set aside 2010(1) CPC 310 M.P.

Service Matter - Complaint against suspension order remitting in mental torture - Complainant not a consumer under the Act - Prem Chand Bishnoi v. Education Secretary, Haryana, 1995(2) CPC 63 Hr.

Consumer Forum has no jurisdiction to adjudicate upon a matter relating to employment of a Government institution - 2000(1) CPC 440 U.P.

Complaint against Education Board for non-payment of gratuity and pension - Matter does not relate to a consumer dispute - Relief declined - State of Haryana through D.P.E.O. v. Sumitra Devi, 2005(2) CPC 363 Hr.

21

Complaint against private college for violating terms of contract of service for delay in payment of gratuity amount - Complainant is not a consumer - Principal, Mukand Lal National College v. Dr. Sarwan Kumar Aggarwal, 2006(2) CPC 739 Hr.

Service provider - Bihar Educational Board delayed result of complainants son Forum directed OP to pay Rs. 12,000 with interest for delay in result As Board is not a service provider, impugned order was set aside - 2009(3) CPC 217 S.C.

--A university in re-checking of marks etc. is not a service provider No relief is permissible against University as per latest law laid down by the Apex Court - 2010(2) CPC 504 N.C.

Settlement of Claim - Once complainant has accepted final settlement of a claim, he cannot demand for more compensation except interest - Kusum Latta v. Adesh College of Pharmacy, 2000(2) CPC 586 Pb.

Speculative compensation - Speculative compensation is not permissible under the C.P. Act - 2000(1) CPC 470 Pb.

Speed post Documents including Birth and Educational certificates sent through speed post not delivered to addressee OP directed to compensate, complainant 2009(1) CPC 324 A.P.