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Dr. Bareet Chand v/s IMS Engineering College & Others


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Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = L28900MH2006PLC159174

Company & Directors' Information:- D B ENGINEERING PRIVATE LTD [Active] CIN = U74899DL1986PTC026541

Company & Directors' Information:- G G ENGINEERING PRIVATE LIMITED [Active] CIN = U28900MH2006PTC159174

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Company & Directors' Information:- T P W ENGINEERING LTD [Active] CIN = U27203WB1975PLC029939

Company & Directors' Information:- W & W ENGINEERING PRIVATE LIMITED [Active] CIN = U72900TN2003PTC051228

Company & Directors' Information:- M L R ENGINEERING PRIVATE LIMITED [Active] CIN = U74999TG2006PTC051974

Company & Directors' Information:- J & K ENGINEERING LIMITED [Active] CIN = U45203JK2006PLC002684

Company & Directors' Information:- S P T ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U27109UP2005PTC030940

Company & Directors' Information:- A R F ENGINEERING LIMITED [Active] CIN = U27200TN1980PLC008347

Company & Directors' Information:- S. S. E. ENGINEERING PRIVATE LIMITED [Active] CIN = U36990MH2007PTC175320

Company & Directors' Information:- C T ENGINEERING LIMITED [Strike Off] CIN = U29259GJ1986PLC009007

Company & Directors' Information:- U AND R ENGINEERING PRIVATE LIMITED [Active] CIN = U29199TZ1999PTC009012

Company & Directors' Information:- I Q ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U85110KA1996PTC021507

Company & Directors' Information:- G M ENGINEERING PRIVATE LIMITED [Active] CIN = U28910GJ2013PTC077091

Company & Directors' Information:- W. E. ENGINEERING PVT. LTD. [Active] CIN = U52335WB1985PTC039370

Company & Directors' Information:- U D ENGINEERING PRIVATE LIMITED [Active] CIN = U32109DL1999PTC102586

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U29110PB2006PLC029521

Company & Directors' Information:- INDIA ENGINEERING PRIVATE LIMITED [Active] CIN = U72200PN1999PTC014259

Company & Directors' Information:- C N C ENGINEERING LIMITED [Strike Off] CIN = U93000KA1986PLC007922

Company & Directors' Information:- M K V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29199TZ1997PTC007736

Company & Directors' Information:- G V T ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U29219DL1996PTC082427

Company & Directors' Information:- K. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2009PTC133109

Company & Directors' Information:- G M E P ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL1998PTC096737

Company & Directors' Information:- J T ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018756

Company & Directors' Information:- C P ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U27209TN1987PTC014052

Company & Directors' Information:- H V S ENGINEERING PRIVATE LIMITED [Active] CIN = U28920MH2005PTC158342

Company & Directors' Information:- A V K ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071971

Company & Directors' Information:- S K ENGINEERING CO PRIVATE LIMITED [Strike Off] CIN = U05001UP1952PTC002408

Company & Directors' Information:- V M R ENGINEERING PRIVATE LIMITED [Active] CIN = U29120DL2005PTC136764

Company & Directors' Information:- N S S ENGINEERING PRIVATE LIMITED [Active] CIN = U28999KA1989PTC010312

Company & Directors' Information:- A P V ENGINEERING CO LTD [Strike Off] CIN = U29113WB1945PLC006428

Company & Directors' Information:- G B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29212PB1996PTC017500

Company & Directors' Information:- C M S ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U74210TN2010PTC075302

Company & Directors' Information:- T S C ENGINEERING PRIVATE LIMITED [Active] CIN = U70109DL2011PTC217251

Company & Directors' Information:- T P ENGINEERING PRIVATE LIMITED [Active] CIN = U45201OR2010PTC011517

Company & Directors' Information:- S B ENGINEERING PVT LTD [Active] CIN = U29199GJ1982PTC005292

Company & Directors' Information:- J J ENGINEERING PVT LTD [Active] CIN = U29219WB1986PTC041433

Company & Directors' Information:- S H ENGINEERING PRIVATE LIMITED [Active] CIN = U70101WB1999PTC088930

Company & Directors' Information:- K J ENGINEERING PRIVATE LIMITED [Active] CIN = U29299PN2006PTC129171

Company & Directors' Information:- N. P. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31100WB2010PTC150609

Company & Directors' Information:- M P T ENGINEERING PVT LTD [Strike Off] CIN = U29299KL1994PTC007761

Company & Directors' Information:- T S R C ENGINEERING PRIVATE LIMITED [Active] CIN = U29100UP2020PTC133920

Company & Directors' Information:- A K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U50300UP1981PTC005354

Company & Directors' Information:- H M T D ENGINEERING PVT LTD [Active] CIN = U99999MH1981PTC035175

Company & Directors' Information:- H M A ENGINEERING LIMITED [Strike Off] CIN = U45209PB2008PLC031777

Company & Directors' Information:- M M ENGINEERING COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U28932MH1979PTC021819

Company & Directors' Information:- N G T ENGINEERING PVT LTD [Active] CIN = U27109WB1968PTC027292

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Company & Directors' Information:- G R K ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74200AP2011PTC076356

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Company & Directors' Information:- R V K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253TN2010PTC074505

Company & Directors' Information:- L & V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45202MZ2005PTC007690

Company & Directors' Information:- D M S ENGINEERING CO PVT LTD [Strike Off] CIN = U28920WB1964PTC026168

Company & Directors' Information:- S D S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28999PN2000PTC014838

Company & Directors' Information:- U S ENGINEERING PVT LTD [Active] CIN = U34300CH1986PTC006887

Company & Directors' Information:- A D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210OR1989PTC002348

Company & Directors' Information:- R J ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U27107RJ1972PTC001441

Company & Directors' Information:- H F ENGINEERING PRIVATE LIMITED [Active] CIN = U29244KL2013PTC033909

Company & Directors' Information:- O N ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031987

Company & Directors' Information:- D.R. ENGINEERING PRIVATE LIMITED [Active] CIN = U25191JH1973PTC000999

Company & Directors' Information:- P S R ENGINEERING PVT LTD [Strike Off] CIN = U40200WB1987PTC042244

Company & Directors' Information:- P N ENGINEERING CO PVT LTD [Strike Off] CIN = U74210WB1980PTC032750

Company & Directors' Information:- A M A R ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219DL1997PTC084187

Company & Directors' Information:- S G D ENGINEERING PRIVATE LIMITED [Active] CIN = U29210KA2009PTC050452

Company & Directors' Information:- G T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219PN2012PTC145781

Company & Directors' Information:- N J ENGINEERING PRIVATE LIMITED [Active] CIN = U45209MH2015PTC262607

Company & Directors' Information:- P R S ENGINEERING PRIVATE LIMITED [Active] CIN = U29253TN2009PTC073915

Company & Directors' Information:- U P S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U40300TN2013PTC090167

Company & Directors' Information:- K G D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400WB2014PTC200732

Company & Directors' Information:- A C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2011PTC222515

Company & Directors' Information:- IN ENGINEERING PRIVATE LIMITED [Active] CIN = U74210DL2011PTC212284

Company & Directors' Information:- N I ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC280734

Company & Directors' Information:- Z. M. ENGINEERING PRIVATE LIMITED [Active] CIN = U51909DL2007PTC168270

Company & Directors' Information:- K Y ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74999DL2013PTC248278

Company & Directors' Information:- R AND T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC136846

Company & Directors' Information:- W D ENGINEERING PRIVATE LIMITED [Active] CIN = U29308MH2020PTC345065

Company & Directors' Information:- S D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U18101DL1999PTC102948

Company & Directors' Information:- M B D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210DL2008PTC181446

Company & Directors' Information:- A. B. C. ENGINEERING CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1950PLC008192

Company & Directors' Information:-  ENGINEERING COMPANY ( [Not Available for eFiling] CIN = U99999MH1951PLC010002

    Revision Petition No. 532 of 2013

    Decided On, 19 August 2019

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. PREM NARAIN
    By, PRESIDING MEMBER

    For the Petitioner: In person. For the Respondents: R1, R.P.Tyagi, R2, Ex-parte, R3, B.K. Berera, Advocates.



Judgment Text

This revision petition has been filed by the petitioner Dr. Bareet Chand against the order dated 29.11.2012 of the State Consumer Disputes Redressal Commission, Uttar Pradesh, (in short ‘the State Commission’) passed in Appeal No.2295 of 2009.

2. Brief facts of the case are that the petitioner’s son Ravi Arora took admission in the respondent No.1 the Engineering College (opposite party No.1). The opposite party No.1 cancelled the admission after about a month for not submitting the original Transfer Certificate and Migration Certificate. The petitioner filed consumer complaint bearing No.313 of 2005 before the District Consumer Disputes Redressal Forum II, Moradabad, (in short ‘the District Forum’), which was resisted by the opposite party No.1. The District Forum vide its order dated 30.10.2009 partly allowed the complaint and passed the following order:-

“Case is accepted partly as mentioned above. OP No.1 is instructed to pay Rs.40000/- towards compensation to the complainant within 2 months from the date of this order. In addition to this towards litigation cost Rs.5000/- is to be paid. In case of non payment in time opposite party shall pay 7% annual interest from the date of this order to the date of payment to the complainant. The complaint is dismissed for the remaining reliefs.”

3. Aggrieved by the order of the District Forum, the complainant/petitioner preferred appeal before the State Commission. The State Commission vide its order dated 29.11.2012 dismissed the appeal.

4. Hence the present revision petition.

5. Heard the learned counsel for the petitioner in person and the learned counsel for the respondent No.1 and 3. The respondent No.2 was proceeded ex-parte vide order dated 03.02.2017. The petitioner argued that Rs.51,850/- was deposited as fees, however, the same has not been refunded by the opposite party. He stated that there was permission to take only 61 students in that particular engineering subject, however, the opposite party No.1 admitted 62 students and therefore, his son’s admission was cancelled on flimsy ground. The petitioner was ever ready to deposit the original Transfer Certificate and Migration Certificate, however the opposite was not willing to give any receipt for the same. It was requested that full fees of Rs.51,850/- should be refunded to the complainant.

6. The petitioner further submitted that due to cancellation of admission by the IMS Engineering College, his son has lost full one year as he could not take admission in any other college, therefore, the college must compensate for this loss.

7. On the other hand, learned counsel for the respondent No.1 stated that as per the decision of the Hon’ble Supreme Court in Maharshi Dayanand University Vs. Surjeet Kaur, 2010 (11) SCC 159, the student is not a consumer and education institution is not a service provider. Hence, consumer forum cannot entertain such complaint. He further stated that the admission was cancelled because the student did not submit the original Transfer Certificate and Migration Certificate, which was required by the Engineering College and they are essential documents which should be filed at the time of admission.

8. I have carefully considered the arguments advanced by both sides and have examined the record. I agree with the argument of the learned counsel for the respondent No.1 that student is not a consumer and institution is not a service provider, however, this differentiation is mainly for such matters, which are provided under some statute and basically relate to academics, teaching standard, examination, award of degree etc. In my view, the matter of fees (not the fixation) can be addressed by the consumer forum. As per AICTE guidelines, if a candidate withdraws his admission before the last date of admission, he is entitled to get full refund of fees and the institution shall retain only Rs.1,000/-. In the present case, the admission has been cancelled by the opposite party No.1 on the ground that original Transfer Certificate and Migration Certificate were not submitted by the student. On the other hand, the petitioner has stated that he tried to submit these documents however, the Institution was not willing to give any receipt for the same. As the District Forum had already awarded Rs.40,000/- as compensation to the complainant, however, the candidate had suffered loss of full one year, therefore, atleast he is entitled to get full refund of fees except Rs.1,000/-, which will be retained by the Institution. Accordingly, the revision

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petition No.532 of 2013 is partly allowed and the opposite party No.1/respondent No.1 is directed to pay Rs.20,000/- (rupees twenty thousand only) in addition to amount ordered by the District Forum. Out of Rs.20,000/-, Rs.10,000/- will be treated as against refund of fee, as Rs.40,000/- has already been awarded by the District Forum and remaining Rs.10,000/- as compensation to the complainant. This order be complied with by opposite party No.1 within a period of 45 days from the date of receipt of this order.
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