Students Not To Be Considered As Consumers: Delhi District Commission Dismisses Consumer Complaint
The District Consumer Disputes Redressal Commission bench in Delhi (North-East), presided over by President Surinder Kumar Sharma and member Anil Kumar Bamba dismissed a consumer complaint filed against the Delhi Paramedical & Management Institute ("Opposite Party") alleging deficiency on their part. While relying on a past decision of the NCDRC, the District Commission...
The District Consumer Disputes Redressal Commission bench in Delhi (North-East), presided over by President Surinder Kumar Sharma and member Anil Kumar Bamba dismissed a consumer complaint filed against the Delhi Paramedical & Management Institute ("Opposite Party") alleging deficiency on their part. While relying on a past decision of the NCDRC, the District Commission re-emphasized that educational institutions, particularly vocational institutes, were not service providers under the Consumer Protection Act, and as a result, students could not be considered consumers.
The complaint, filed under the Consumer Protection Act, was regarding the admission process and the subsequent cancellation of enrolment for the complainant's son in a Diploma course.
Brief Facts
The complainant’s son wanted to take admission in the Delhi Paramedical & Management Institute for a Diploma course for two years. To secure the admission of his son, on June 9, 2023, Sh. Ramveer Goswami (“Complainant”) made an initial payment of Rs. 35,000/-, which was the fees for one year. Subsequently, the institute assured Ramveer that they would call him regarding the admission within one month.
However, having received no response from the institute, Ramveer visited the institute himself. He was dissatisfied with the lack of progress and the absence of essential course materials such as books and uniforms. Therefore, alleging deficiency on the part of the Institute, on July 17, 2023 Sh. Ramveer Goswami submitted an application requesting the cancellation of his son's admission and a refund of the fees.
Observations of the Commission
The District Commission recognized that the Delhi Paramedical & Management Institute operated as a vocational institution (NOT as a Coaching Institute) and thereby reiterated that educational institutions, particularly vocational institutes, were not service providers under the Consumer Protection Act and as a result, students could not be considered consumers. This decision was premised on the decision given by the NCDRC bench in Manu Solanki vs. Vinayaka Mission University [CC No. 261/2012].
In light of this understanding, the Commission concluded that it lacked jurisdiction to entertain this complaint. The complaint was thus dismissed, with the complainant being granted the liberty to pursue the appropriate legal remedies through the appropriate forum or court.
Case Title: Sh. Ramveer Goswami vs. Delhi Paramedical & Management Institute
Counsel for the Complainant: Nil
Counsel for the Opposite Parties: Nil