VidhiSangh

Supreme Court of India · 11/07/2022

HCMI EDUCATION versus NARENDRA PAL SINGH

[2022] 13 S.C.R. 86 · 2022 INSC 698

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A student secured admission through the appellant, an Indian facilitator describing itself as the sole authorised representative of the Philippine Commission on Higher Education, to an MBBS course in the Philippines for 2007-08 and completed the first year. In September 2008 the Commission abolished the MBBS programme nationwide and directed that existing students be redirected to a BS Biology course leading to the MD degree. The student declined, returned to India and sued the facilitator before the consumer forum, which, up to the National Commission, ordered refund of USD 12,000 with compensation. The Supreme Court, in an appeal under Section 23 of the Consumer Protection Act, 1986 which permits review on facts and law, set the orders aside. The facilitator's role ended once admission was secured;

Issues

  1. Whether an admission facilitator that secured a student's admission to a foreign medical course is liable for deficiency in service when the foreign government later abolishes the course by a nationwide policy decision.
  2. What is the scope of an appeal to the Supreme Court against an order of the National Consumer Disputes Redressal Commission under the Consumer Protection Act, 1986.

Provisions considered

Held

Result

Appeal allowed; the orders of the District Forum, State Commission and National Commission directing the appellant to pay USD 12,000 with compensation and costs set aside and the complaint dismissed.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 86.