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Am I a consumer under the act?

(Querist) 14 August 2010 This query is : Resolved 
I had paid the fees of my 'major' son towards a private management college out of my earning and the bank dd was also taken by me from my sb a/c.

in this case can I be considered as a consumer under the consumer act?

s.subramanian (Expert) 14 August 2010
yes. education has been brouhgt under the purview of concumer protection act.
Guest (Expert) 14 August 2010
YES.BUT YOU MENTION DETAILED FACTS AND MENTION YOUR AND YOUR SONS NAME IN THE COMPLAINT FILED TO CONSUMER COURT.GOOD LUCK.
Rajeev kulshreshtha (Expert) 14 August 2010
Yes, under consumer protection act one who pay consideration is consumer.Give full particulars as suggested by Mr. Nandkumar .
Jithendra.H.J (Expert) 14 August 2010
Yes, you are a consumer
mahendrakumar (Querist) 14 August 2010
on withdrawal(with in 15 days) of admission of my son from the institute,the fees paid by us were not refunded and we were forced to pay the remaining 3 years of fees for returning the certificates.

subsequently a consumer case was filed by the father against the op for the unfair trade practice.

during the cross examination of the complainant (father),op counsel has raised the objection that since the son is a major, complaint filed by the father is not maintainable,before the forum.(the op in their version filed earlier had not raised any objection in this regard)

whether this objection raised by the op's counselor during the cross examination is valid?

If valid,how to overcome the same?

Devajyoti Barman (Expert) 14 August 2010
Yes, you are a consumer.
V.T.Venkataram (Expert) 15 August 2010
If your son is a minor, then you are a consumer. Otherwise, your son is a consumer. For your information,According to a judgement of the National Commission, an educational institution is bound to refund admission fee of a student if he/she opts out before a course has started and the vacant seat goes to another candidate.
mahendrakumar (Querist) 15 August 2010
Mr Venkataram,

eventhough my son is major, he is dependant on me financially and the consideration amount was paid by me by dd taken from my sb a/c.

as such,dont you agree that, I am a consumer,in the present case? If not why?
could you please quote some judgements,if possible.

anyhow thanks for a different view.

Almost entire facts of the case is in our favour. I am presently worried about this technical aspect of the case.

V.V.RAMDAS (Expert) 15 August 2010
Mr Mahendra Kumar,
as per the defination of "Consumer" the benefisiary is also a consumer. So you are also comming under the perview of the Consumer.


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