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    11th Novice Moot Proposition

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    1. Two law students enrolled in certificate courses offered through a collaboration between their university, HNLU, and an edtech startup, Kanoon Sikho. 2. They filed a consumer complaint against both entities, alleging deficient services. Lower courts dismissed the complaint, finding education is not a service under consumer law. 3. The students have appealed to the Supreme Court of Friendia, which must determine whether their original consumer complaint was maintainable.

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    11th Novice Moot Proposition

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    1. Two law students enrolled in certificate courses offered through a collaboration between their university, HNLU, and an edtech startup, Kanoon Sikho. 2. They filed a consumer complaint against both entities, alleging deficient services. Lower courts dismissed the complaint, finding education is not a service under consumer law. 3. The students have appealed to the Supreme Court of Friendia, which must determine whether their original consumer complaint was maintainable.

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    1. Two law students enrolled in certificate courses offered through a collaboration between their university, HNLU, and an edtech startup, Kanoon Sikho. 2. They filed a consumer complaint against both entities, alleging deficient services. Lower courts dismissed the complaint, finding education is not a service under consumer law. 3. The students have appealed to the Supreme Court of Friendia, which must determine whether their original consumer complaint was maintainable.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    17 views3 pages

    11th Novice Moot Proposition

    Uploaded by

    gayathrigugulothu
    1. Two law students enrolled in certificate courses offered through a collaboration between their university, HNLU, and an edtech startup, Kanoon Sikho. 2. They filed a consumer complaint against both entities, alleging deficient services. Lower courts dismissed the complaint, finding education is not a service under consumer law. 3. The students have appealed to the Supreme Court of Friendia, which must determine whether their original consumer complaint was maintainable.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY VISAKHAPATNAM

    11th Novice Moot Court Competition,


    2023

    Moot Proposition

    1. Mr. Ajit Chintu and Ms. Pinky Thussu are two 1st year students of Haddippa National
    Law University (“HNLU”) who are enrolled in the B.A., L.L.B (Hons.) course offered
    by the said university. HNLU is a premier law university of the Republic of Friendia and
    is located in Kuhunagar, the capital of the State of Lassi. HNLU is established and
    incorporated under the Haddippa National Law University Act, 2004 enacted by the Lassi
    State Legislative Assembly. HNLU intends promote interdisciplinary learning and
    provide skill-based higher education to meet needs of the industry and the economy. To
    promote the same, it had adopted a slew of measures for improving both the faculty pool
    and introducing different types of courses in collaboration with premier law firms, State
    Govt. and also several Ed-Tech Startups.
    2. Kanoon Sikho is an Ed-Tech Startups which claims to create advanced and practical legal
    courses and customized training programs catering to lawyers, leading businesses and
    universities. It has been founded by Mr. Laxmanujan Mukhopadhyay and Mr. Attalika
    Agrapati, two lawyer-turned-serial entrepreneurs who also graduated from HNLU in
    2010. The founders of Kanoon Sikho approached HNLU to collaborate with the
    university and organise a Certificate Course in Arbitration: Strategy, Procedure and
    Drafting and also a Certificate Course in Prevention of Money Laundering Act, 2002:
    Procedure, Practice and Advocacy. HNLU agreed with the aforesaid proposal and
    entered into a Collaboration Agreement with Kanoon Sikho to offer such courses to both
    students of HNLU and any other person (including lawyers, Charted Accountants,
    Company Secretaries, etc.) who is willing to undertake the course for personal benefit.
    Generally, the business model of Kanoon Sikho is that the classes in their courses are to
    be conducted online. However, in order to capitalise the benefit of the infrastructural
    facilities in HNLU, the Collaboration Agreement provided that the classes in these
    courses would be conducted offline in the campus of the HNLU.
    3. Accordingly, Kanoon Sikho and HNLU published advertisements on social media and
    other legal news portals detailing this collaboration course which was to be conducted
    for a period of 6 months from January 2022 to June 2022. It was claimed in the
    advertisement that these courses will help the students in “gaining real-world”
    professional skills in legal drafting and research which will help them immensely during
    DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY VISAKHAPATNAM

    11th Novice Moot Court Competition,


    2023

    Moot Proposition

    their internships and even in their professional life.


    4. The course was offered at a discounted rate i.e. INR 40,000/- to HNLU students while
    the normal price for undertaking the course was INR 75,000/- for working professionals.
    This fee was to be paid entirely in cash before enrolling into the courses. The aforesaid
    price excluded any expenses/charges that might be incurred by the students in availing
    the infrastructural facilities of HNLU such as food and accommodation. It was also
    clarified that this course was not being conducted as a part of the curriculum.
    5. Mr. Chintu and Ms. Thussu enrolled in the Certificate Course in Arbitration: Strategy,
    Procedure and Drafting and the Certificate Course in Prevention of Money Laundering
    Act, 2002: Procedure, Practice and Advocacy, respectively. They assiduously attended
    the classes and completed their assignments in time for over 60 days. However, they
    were deeply dissatisfied with the quality of study material offered in the course. They
    were also aggrieved by the pedagogic methods of Kanoon Sikho, who claimed to engage
    “renowned” professionals in their respective fields as their faculty members. They raised
    this grievance with the HNLU Administration and also the management of Kanoon
    Sikho. Both of them asked Chintu and Thussu to study carefully and complete the course
    and assured them that after completing the course they will clearly see the benefits and
    the skills they have acquired.
    6. In view of the same, Chintu and Thussu continued to study the course and completed it
    after giving a “Final Assessment Test” conducted and evaluated jointly by HNLU and
    Kanoon Sikho. After completion of the course, Chintu interned under a noted criminal
    lawyer who specialised in money laundering cases and on the other hand, Thussu
    interned under a renowned arbitrator. Both of them interned for 3 months and came to a
    realisation that the course offered by Kanoon Sikho and HNLU hardly provided any
    “real-world” professional skills in legal drafting and research. In fact, the reading
    materials provided by them did not even reflect the correct position of law.
    7. Accordingly, they filed a consumer complaint against HNLU and Kanoon Sikho before
    the Kuhunagar District Consumer Disputes Redressal Commission on account of being
    aggrieved by the ‘deficient service’ provided to them under the Friendia Consumer
    Protection Act, 2019. Upon hearing the parties, the Hon’ble District Commission vide
    DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY VISAKHAPATNAM

    11th Novice Moot Court Competition,


    2023

    Moot Proposition

    judgment dated 01.05.2023 was pleased to dismiss the complaint filed by Chintu and
    Thissu and held that the complaint was not maintainable in view of the settled position
    of law that education is not a commodity and educational institutions are not providing
    any ‘service’ under the Consumer Protection Act, 2019.
    8. The Hon’ble District Commission referred to the judgments of the Hon’ble Supreme
    Court of India in Bihar School Examination Board v. Suresh Prasad Sinha, (2009) 8 SCC
    483, Maharshi Dayanand University v. Surjeet Kaur, (2010) 11 SCC 159 and P.T. Koshy
    v. Ellen Charitable Trust, (2012) 3 CPC 615 (SC) to reiterate the aforesaid proposition.
    Soon thereafter, Chintu and Thissu filed an appeal under section 41 of the Friendia
    Consumer Protection Act, 2019 but the same was also dismissed by the Hon’ble Lassi
    State Consumer Disputes Redressal Commission vide judgment dated 01.08.2023 which
    affirmed the view taken by the Hon’ble District Commission.
    9. Chintu and Thussu filed a special leave petition before the Hon’ble Supreme Court of
    Friendia under Article 136 of the Constitution of Friendia against the judgment dated
    01.08.2023 passed by the Lassi State Consumer Disputes Redressal Commission. The
    Hon’ble Supreme Court heard all the parties and granted leave in the special leave
    petition. Thereafter, it formulated the following issue and also gave liberty to the parties
    to formulate ancillary issues that may arise in deciding the appeal:

    A. Whether the consumer complaint filed by the Petitioners before the Hon’ble
    Kuhunagar District Consumer Disputes Redressal Commission was maintainable
    under the Consumer Protection Act, 2019?

    N.B.
    The laws of the Republic of Friendia are para materia to the laws of the Republic of India.

    The laws of the State of Lassi are pari materia to the laws of the State of Chhattisgarh.

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