Law: Punjab Consumer Protection Act, (II of 2005)

Section: 2,2(c)(k),25,28

Punjab Consumer Protection Act (II of 2005)--Ss. 2(c)(k), 25 & 28---'Consumer'; `Services'---Meaning and scope-Consumer Court awarded compensation totalling Rs.20,000 to complainant/student who was declared failed by the university as his assignment was not sent to the Controller of Examination of the University by his tutor---University contended. that the complainant, being a student, was not a "consumer" as defined by clause (c) of S.2 of the Punjab Consumer Protection Act, 2005 and that the services provided by the university also did not fall within the definition of services' contained in clause (k) of the Punjab Consumer Protection Act, 2005---Validity---University was an educational institution and could not be described to have undertaken commercial activity---Definition of the term 'consumer' in clause (c) of S.2 of the Punjab Consumer Protection Act, 2005 contemplated hiring of services for a consideration and the definition was not applicable to the matter wherein a student had submitted application for appearing in any examination to be conducted by an educational institution---Neither the student appearing in the examination held by the university could be described as a 'consumer' as defined in S.2(c) of the Punjab Consumer Protection Act, 2005, nor the university was a 'service provider' as envisaged in the provisions of S.2(k) of the Punjab Consumer Protection Act, 2005---Complaint lodged by the student was not entertainable by the Consumer Court---Appeal was accepted and impugned order was set aside. University of Jammu and others v. Brinder Nath and others AIR 2000 J&K 93 rel. ORDER NASIR SAEED SHEIKH, J.--This R.F.A. is directed against the order dated 29-10-2008 passed by Presiding Officer of District Consumer Court Faisalabad awarding compensation total amounting to Rs.20,000 against the present appellant to the respondent No.1 in a complaint lodged by the said respondent No.1 under The Punjab Consumer Protection Act, 2005. 2. Briefly stating the facts of the case are that the respondent No.1 claimed to be a student of Allama Iqbal Open University, the appellant under Registration No.6 PLR 4620 Roll No.U442947 and he appeared in…

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