Non delivery Postal of Transcript by Delhi university

Dear Client,
Whether a student is a consumer or a university a service provider under the Consumer Protection Act, remains a complex and controversial question of law. There is a plethora of decisions/judgments on the subject passed by consumer forums and Courts, upholding that statutory universities/colleges are not considered a "service" and a student is not a "consumer" under the Consumer Protection Act, 2019. In the case of P.T. Koshy & Anr. vs. Ellen Charitable Trust & Ors. (2012) 3 SCC 422, the Hon'ble Supreme Court ruled that Education is not a commodity. Educational institutions are not providing any ‘service’ under the Consumer Protection Act. Therefore, students are not considered consumers, and educational institutions are not service providers under the Act. Further, the National Consumer Disputes Redressal Commission (NCDRC) in the case of Maharshi Dayanand University vs. Surjeet Kaur (2010) CPJ 188 (NC) held that admission, teaching, and examination activities are part of statutory functions and not a commercial service. Given the status of a student under the Consumer Protection Act and the averments of NCDRC and the Apex Court, it can be safely opined that students are not considered consumers under the Consumer Protection Act, 2019, and education is not treated as a commercial service, but a noble and statutory function. Therefore, disputes related to teaching quality, exams, or academic performance cannot be raised in consumer courts. However, an aggrieved student can escalate their grievance before the regulatory authority of all universities, including private universities, i.e, the University Grants Commission(UGC). To streamline the stakeholders' grievance redressal mechanisms, UGC has merged its existing portals/ helplines except for Anti Ragging Helpline and developed a new portal "UGC e-samadhan: A step forward: Service to Stake Holders" which would be a single Window system for all the stakeholders for registering their complaints/ grievances on the portal which would be available 24x7 with a click of the mouse. A toll-free No. 1800-111-656 is also available on the UGC website 24x7 for lodging complaints by the stakeholders on any issue faced by them in the colleges or universities to resolve their grievance/complaint failing which, if they are well equipped with substantial evidence to prove their claim, filing a writ of mandamus before the High Court under Article 226 of the Indian Constitution is a viable option to access appropriate relief in the matter. A writ of mandamus is typically issued by the High Court under Article 226 of the Constitution of India when a public authority has failed or refused to perform a mandatory duty despite being requested to do so. The writ of mandamus is primarily used against public authorities to compel them to perform their statutory duties. The Writ of Mandamus is a crucial legal remedy that reinforces accountability and ensures public officials perform their duties as mandated by law. If required, consult with an expert professional to understand your rights and remedies to navigate the matter legally and effectively.