Arjun was admitted in Kerala Law College to complete LL.B. three years course. On completion of the said course he applied to the University of Kerala for its degree. But the University refused to provide LL.B. degree ce

CS Executive · Economic and Commercial Laws · PYQS · December 2021
Arjun was admitted in Kerala Law College to complete LL.B. three years course. On completion of the said course he applied to the University of Kerala for its degree. But the University refused to provide LL.B. degree certificate on completion of course on the ground that the qualifying examination on the basis of which Arjun was admitted in LL.B. course in Kerala Law College is not recognized by it. Decide, whether it will be treated as deficiency on the part of University under the Consumer Protection Act, 1986. Whether complainant can get compensation from the University?

Answer & Explanation:

According to the Consumer Protection Act, deficiency means any fault, imperfection shortcoming or inadequacy in the quality, nature and manner of performance which is a required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Failure to maintain the quality of performance required by the law or failure to provide services as per warranties given by the provider of the service would amount to deficiency. The facts of the case asked in the question is based upon the case of Sreedharan Nair N. v. Registrar, University of Kerala , the University refused to provide LL.B. degree certificate on completion of course on the ground that the qualifying examination on the basis of which student was admitted in LL.B. course in Kerala law college has not been recognised by it. The National Commission held that this is a clear case of deficiency on part of University and University has to pay compensation for its deficiency in service. In the light of the legal provision & above facts and circumstances, complainant will get compensation from the University.

Topics: Consumer Protection Act, 1986

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