ANURUDH TAMRAKAR Vs. REGISTRAR, GLOBAL ENGINEERING COLLEGE

JUDGEMENT

(1.) The petitioner is present in person.

(2.) This is an admitted fact that the petitioner, Mr. Anurudh Tamrakar, is a student. He took admission in B.E. course in Global Engineering College, Raigwa Patan Road, By Pass, Jabalpur, Madhya Pradesh and deposited a sum of Rs.5000/- towards the documentation charges on 5.7.2012 and Rs.95,000/- on 7.7.2012, as admission fees. As the complainant was not satisfied with the college, he did not take admission and demanded refund of the aforesaid amount. However, the same was not refunded by the opposite party/College. He filed a writ petition and review petition before the High Court and thereafter filed a complaint before the District Forum, Jabalpur on 2.3.2015.

(3.) Both the fora have come to the conclusion that the case of the complainant is barred by time. Although, we find no illegality in the order passed by the State Commission, yet, it is settled law that the student is not a 'consumer'. The Consumer Court has got no jurisdiction to entertain this case. The petitioner has been ill-advised to file this case before the consumer fora. This view is supported by a number of Supreme Court authorities in Bihar School Examination Board vs. Suresh Prasad Sinha, 2009 8 SCC 483, Maharshi Dayanand University vs. Surjeet Kaur, 2010 11 SCC 159 and Jagmitter Sain Bhagat vs. Dir. Health Services Haryana & Ors., 2013 10 SCC 136, P.T. Koshy & Anr. Vs. Ellen Charitable Trust and Ors. in SLP (c) No. 22532 of 2012, Prof. K. K. Ramachandran vs. S. Krishnaswamy & Anr., civil appeal No. 4133 of 2013 decided on 29.04.2013.