C482/596/2021
2021 Latest Caselaw 1166 UK

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                                  C482 No. 596/2021
                                  Hon'ble N.S. Dhanik, J.

Mr. Ajay Veer Pundir, Advocate, for the applicants.

Mr. S.S. Adhikari, Dy. Advocate General, assisted by Mr. Balwinder Singh, Brief Holder for the State.

Aggrieved by the order dated 18.3.2021, passed by the District Consumer Dispute Redressal Commission, Haridwar,the applicants have filed this C482 application.

Applicant no. 1 is the Principal and the applicant no. 2 is the Manager of Greenway Modern Senior Secondary School, Roorkee. Respondent no. 3 filed a complainant that the said school is not issuing the T.C., result and receipt of the fees of his son. Vide the impugned order, passed ex parte, each one of the applicants have been directed to undergo imprisonment for one year and to pay a fine of rupees one lakh each.

Learned Counsel for the applicants submits that no notice was served on the applicants before passing the impugned order. Learned Counsel further contends that education is not a "service" and educational institutions do not fall within the ambit of Consumer Protection Act. Hence, the impugned order is absolutely illegal. Learned Counsel relied upon a judgment of Hon'ble Apex Court rendered in Consumer Case No. 261 of 2012 and connected matters (2020 SCC OnLine NCDRC 7).

Learned State Counsel submits that the applicants should file appeal against the impugned order before the Sate Consumer Forum.

Considering the rival submissions and the facts and circumstances of the case, this C482 application is disposed with direction that till 5th April 2021, no coercive step shall be taken against the applicants and the recovery and the NBW against the applicants shall remain stayed. Applicants shall file an appeal before the State Consumer Forum before 5th April 2021 and the same shall be heard and decided as expeditiously as possible.

Certified copy of this order shall be supplied today itself to learned Counsel on payment of prescribed charges.

(N.S. Dhanik, J.) 25.3.2021 Pr