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In the matter of Manu Solanki & others V. Vinayaka Mission University the division bench of National Consumer Disputes Redressal Commission (NCDRC) on 8th May has referred the question to a larger bench of three judges that “Whether a Student of an education institution is a consumer under Consumer Protection Act or not?”
The matter of Manu solanki presented before the court involved two batches of student from Vinayaka Mission University who even though after completion of their medical course degree under “off Shore Campus” program of Vinayaka Mission affiliated to Thailand university are unable to start their practice after 7-8 years from commencing of their course.
The students who complained against the university have completed and passed their MBBS degree examination but are unable to practice because such degrees are not recognized by medical council. Some of these complainants are still re-paying education loans, some have suffered rejection of marriage proposals and a number of them are still "students" trying to get a degree from somewhere to make something of their lives.
The primary question in matter raised before the commission is whether these students are consumer and comes within the definition of COPRA Act. The NCDRC in its earlier decisions have relied upon P.T. Koshy Vs. Ellen Charitable Trust, Maharishi Dayanand University Vs. Surjeet Kaur and Bihar School Examination Board Vs. Suresh Prasad Sinha on basis of which it has held that student of an educational institution is not a consumer as educational institutions does not provide a “Service” as defined under the act. It is now upon the larger bench of the commission to decide that whether students are consumers or not, if it denies them to be a consumer then the complainants in the current matter will lose their right of grievance under the forum.
The next date for hearing has been fixed on the 17th May before a three judge bench for consideration of the matter.
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