Your Q, His A: Personal Law

• I am enrolled with a computer institute and am not satisfied with the quality of education imparted by it. It is not what was promised at the time of enrollment to the course. I have paid a fee of Rs 50,000 through a bank loan. The faculty is under-qualified and inexperienced. There are no theory lectures. The amenities provided are also not satisfactory. When I demanded transfer to another centre of the same institute, they denied me the same. What can I do to challenge them in the consumer court?
S Kasliwal, New Delhi

Section 2(o) of the Consumer Protection Act, 1986 defines ‘‘service’’ for the purpose of the Act as service of any description made available to potential users. Although education is not expressly mentioned therein, the courts have, in several instances, held that it comes within the purview of Section 2(o) of the Act. The Act has been enacted to redress a consumer for a deficiency of service with respect to consideration paid or promised to be paid. Deficiency of service is defined in Sec 2(1)(g) of the Act as ‘‘any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is 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’’ and has to be proved by the complainant to the satisfaction of the Forum.

In your case, a complaint for deficiency of services provided by the computer institution, can be filed with the Consumer Redressal Forum. Once you file the complaint, the Consumer Forum will serve a copy thereof to the other party. It is important that your complaint clearly expresses all the reliefs sought by you. The onus of proving deficiency of service lies on the consumer. The Forum may issue an order based on the evidence given by the parties, to remove the defects or deficiencies in the service in question, if the allegations are proved. It also has the jurisdiction to order compensation if it feels that the same would constitute the appropriate relief to the aggrieved consumer.

• I own properties/ deposits and would like to draw out a will in favour of my family members. How do I go about the preparation of the will? How can I make my wife an associate member of the flat, owned exclusively by me?
T S Ramaswamy

A will is a legal declaration of the intention of the testator (person making the will) with respect to the property, which he desires to be carried into effect after his death. It may be made on a blank paper by any person of sound mind not being a minor and caused without any fraud or coercion or by such importunity as takes away the free agency of the testator. Hence, you may draw a will yourself in which you can specify what you desire to bequeath to whom. The intention of the testator should be clear and unambiguous to enable the court to put it into force. The testator has to sign or affix his mark to the will and the document has to be attested by two or more witnesses not benefiting under the will. No stamp duty is required to be paid on a will. Also the registration of the will is optional by virtue of Section 18 of the Registration Act, 1908, although it is recommended that the will be registered, for which you would be required to pay the registration fee to the sub-registrar of assurances. We suggest that professional help be obtained for drawing up the will.

Laws relating to cooperative societies vary from state to state. For example in Maharashtra, in order to make someone an associate member of the flat, you can transfer a certain percentage of your interest in the shares held by you by way of either sale or gift. You may transfer your interest in the shares held by you in accordance with the bylaws of the society. The tax implications of such transfer should be carefully examined.

Rajiv K. Luthra is the founder and senior partner of Luthra and Luthra Law Offices. This column provides general observations on applicable laws. Due to paucity of space, it does not and cannot substitute legal advice specific to an issue. Readers are requested to consult their lawyer for specific legal problems. The author and publisher shall not be responsible in case any damage or loss is caused to any person as a result of any action taken on the basis of the opinion expressed here. Readers can send their questions to luthra@luthra.com