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Judgment
THE Principal, Carmel Convent School and one another have preferred this petition under Section 17, challenging the ad interim orders passed by the District Forum, Gwalior, on 9.12.1991 in a pending Complaint No. 718 of 1991.
THE complainant-Shri Ramvilas Sharma as President of certain Registered Association filed a complaint seeking the various reliefs detailed in para 6 of the complaint. THE complaint against the private school relates to various aspects of its administration and state of affairs. It is alleged that a prospectus was issued in the beginning of educational session with rules and fees printed therein. THE prescribed fees for K.G. and nursery classes upto class IV, and for class V to X are Rs. 100/- and Rs. 120/-, respectively. But in the mid-session, after admissions, the above fees are raised by Rs. 30/-. Thus, the above said fees would be Rs. 130/- and Rs. 150/-, respectively. 2.1. THE complaint further alleges, that Rs. 50/- are taken from the students as "establishment fees". That, Rs. 450/- which is an exorbitant amount is taken from students of higher classes by way of course on computer is but adequate arrangements do not exist for imparting computer course. Moreover, those fees are compulsory i.e., all the students have to pay those fees. Various other fees are also detailed in para 6 of the complaint (as many as reliefs are prayed for). It is also said that the Harijan students should be exempted from payment of fees and all other facilities be also given to them etc. The learned District Forum issued show cause-notice under Sec. 13(1)(a). In the meanwhile, the complainant filed an interlocutory application. The District Forum passed the impugned orders dated 9.12.1991. Accordingly, it had been directed that the O.Ps. (present petitioners) shall collect only the fees prescribed earlier in the prospectus; and not at the enhanced rates. Similarly, those orders will apply to the collection of Rs. 50/- as establishment fees because these are also not mentioned in the prospectus. That, computer fees shall not be realised till further orders, unless they have already been realised That, the orders regarding ''special fees'', ''development fees'', and ''fees for books'' could be considered only at the stage of final orders. The O.Ps. have been further noticed to show cause against those interim orders
The short question for consideration is, whether the District Forum had jurisdiction to pass interim orders stated above.
THE Learned Forum has referred to a decision by National Commission Mantora Oil Products (P) Ltd. Kanpur v. THE Oriental Insurance Co. Ltd., Kanpur, reported in Consumers cases at page 278 (First Appeal No. 31 of 1990-Decided on 24.9.1990). Section 14 of COPRA reads as follows:- "Sec. 14. Finding of the District Forum - (1) If, after the proceeding conducted under Sec. 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to take one or more of the following things, namely:- (a) to remove the defect pointed out by the appropriate laboratory from the goods in question;, (b) to replace the goods with new goods of similar description which shall be free from any defect; (c) to return to the complainant the price, or as the case may be, the charges paid by the complainant; (d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party".
Thus those are the reliefs which could be ordinarily granted by the Forum. But the interim relief which has been granted under the impugned orders is by way of interim injunction. We are of the view that such relief by way of injunction cannot be granted by the Forum. THE provisions of Order 39 C.P.C. have not been made applicable to the proceedings under this Act (COPRA). On this point, we agree with the view taken by the Karnataka State Commission in Akhila Karnataka Madivala Machideva Mahajan Sangha v. Commissioner, Bangalore City Corp. & Another, reported in II (1991) CPJ 543. Accordingly, we find that the learned District Forum has exercised jurisdiction not vested in it by law, and has therefore, ''exercised its jurisdiction illegally or with material irregularity. For those reasons, the ad interim orders are hereby set aside. During the course of arguments, the learned Counsel Shri Rakesh Johri had referred to a decision Smt. P. Teneja against Calcutta District Forum & Others, reported in AIR 1992 Cal. 95, and also to another decision rendered by Rajasthan State Commission in Educational Society of Sophia, Gumanpura, Kota through Principal, Sophia Girls Higher Secondary School, Ballabhnagar, Kota and Another v. Kailash Chandra Singhal, reported in Consumer Protection Cases, page 121, for the contention that educational service cannot be equated with hiring of service. The learned District Forum has already issued a notice to the present petitioners (original O.Ps.), and the matter is already pending before the Forum. The present petitioners are at liberty to raise those objections in the District Forum. We are primarily concerned herewith the material irregularity in the matter of issuing interim orders which have been set aside.
THE record of the case be returned to the District Forum, Gwalior. Copies of those orders be sent by Regd. Post A.D., free of cost to both the parties. Orders set aside.