Brief facts of the case are that petitioner, father of four kids studying in first, fifth, ninth and tenth class at respondent's Institution filed this petitioner with the contention that respondent's administration had been receiving, without any valid reason, high fee and other charges that too in advance while respondent's out put at results remained far from satisfactory. Whenever the petitioner and parents of other students requested the respondent-administration to rectify their excesses, they paid no heed to redress their grievances. The respondent, instead of rectifying the situation, proceeded to expel petitioner's kids on 29.3.10 and did not re-admit them despite petitioner's repeated requests. Hence, this petition directing the respondent to re-admit, petitioners kids, stop receiving excess fee etc or demand advance payment and also pay compensation/damages of Rs.1,00,000/ along with counsel fee of Rs.11,000/-.
2. Petition was contested by the respondent raising preliminary objections regarding want of jurisdiction of Consumer Court and non maintainability of petitioner's claim in the absence of partiers relationship as 'consumer' and 'service provider'.
3. Arguments heard on preliminary objections and record / case law perused.
4. Petitioner's only grievance is that the respondent administration have been demanding / receiving high fee and charges from their students and also insist on advance payment; not only this, they have made it a routine to increase the fee etc without any reason or notice whereas education wise, respondents have failed to deliver but the petitioner has no where shown in the petition that respondent administration is bound by any code of conduct in matter of charging fee etc. In case, respondent administration has been charging their students unduly, they should feel free to leave respondent's institution and get admission elsewhere. Relationship of 'consumer' and 'service provider' has also to be seen in this case. Therefore, petitioner's claim seems not maintainable before Consumer Court.
5. For what has been discussed above, petition be returned to the claimant with the direction to seek remedy from a competent forum. After completion, file be consigned to record room.