Are students a consumer under consumer protection act 1986
Guest
(Querist) 25 July 2013
This query is : Resolved
I want to sue my university in Consumer Forum for wrongly posting my marks in mark sheet as seventeen instead of seventy (as written in my answer sheet).
I am confused whether I can file a case in Consumer Forums because as per National Commission of Consumer Forums have held that students are not a consumer while some District Forums are taking cognizance of such type of cases even after orders of Supreme Court and National Commission. And also on the website of consumer helpline, students are recognised as a consumer.
So I wanted to know whether I could file a case against my university or not?
P. Venu
(Expert) 25 July 2013
What is your grievance? There was a mistake and it was corrected. An inadvertent mistake does not constitute a cause of action.
malipeddi jaggarao
(Expert) 25 July 2013
If they have corrected your marks sheet I agree with the opinion of Mr.P.Venu.
Guest
(Querist) 25 July 2013
Yes the mistake is corrected. But I want to sue them for punitive damages (for loss of image) just like bank is sued for inadvertently dishonouring a cheque despite of having sufficient balance in the account. And I heard that bank customers have to sue bank in Consumer Forum for such type of cases.
And they also took 4months to correct such a simple mistake. Also they are having very negligent attitude towards student's querries.
malipeddi jaggarao
(Expert) 25 July 2013
Mr.Gaurav, there is no cause of action for the human errors. If you still wish to propagate litigation (already courts are burdened with unnecessary litigations), you have to prove the loss and then claim damages.
If you like to a stand that it is fraud committed against you, you have to prove the intention.
Both the things are very difficult to prove. It is mere waste of your time and money.
Rajendra K Goyal
(Expert) 25 July 2013
Agree with the experts, nothing more to add.
Guest
(Querist) 25 July 2013
As per the provisions of the Indian Contract Act 1872, for remedies of breach of contract, I can claim punitive damages. The example set out there in explanation to this clause was that if Bank mistakenly dishonours a cheque of their account holder despite of having sufficient balance in his account; then the account holder can claim punitive damages. The concept of human error is completely ignored here.
Similarly I had contracted with the University that I will appear in exams conducted by them and based on my performance they will give marks to me.
In the case of the account holder, the money factor decides their image while for we students, our marks decide our image.
Then I am also eligible to claim punitive damages like a cheated account holder as the University breached the terms of contract
malipeddi jaggarao
(Expert) 25 July 2013
You are believing that your relationship with University is a contract!. You can make a trial for breach of contract. Nobody will prevent you.
Guest
(Querist) 25 July 2013
my main doubt is whether I can sue them in Consumer Forum or not
Advocate Bhartesh goyal
(Expert) 25 July 2013
No,your such complaint is not maintainable under Consumer Protection Act.Damages can be claimed by filing civil suit against university.
Raj Kumar Makkad
(Expert) 25 July 2013
You do not fall within the definition of consumer hence you cannot sue the university under consumer protection act.
Guest
(Querist) 25 July 2013
Okay sir.
Thanks to all of the experts for replying to my query.
