LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Education under consumer protection

Nitish Banka
Last updated: 25 August 2015
  2 min read    Share   Bookmark


There has been lot of ambiguity regarding the law related to educational institution under the consumer protection, 1986, In the recent development  Hon'ble Supreme Court in "Maharshi Dayanand University v. Surjeet Kaur", 2010(2) CPC 696 S.C., relying upon all earlier judgments held that education is not a commodity. Educational institutions are not providing any kind of service, therefore, in matter of admission, fees etc., there cannot be a question of deficiency of service. Such matters cannot be entertained by the Consumer Forum under the Consumer Protection Act, 1986. Further Hon'ble Supreme Court in "Bihar School Examination Board versus Suresh Prasad Sinha", 2010 (1) CLT 255 (SC) observed that "the Education Boards & Universities are not 'Service Provider' and the complaints against them are not maintainable. The Hon'ble Apex Court in its latest judgment "P.T. Koshy & Anr. v. Ellen Charitable Trust & Ors.", 2012(3) C.P.C. 615 (S.C.) has followed the above views.

Under the guise of these judgments the Hon'ble District forums and State commissions started dismissing matters pertaining to educational institutions.

LCI Learning

The purpose of consumer protection is to provide cost effective remedies to consumer, making educational institution out of consumer would mean excluding students who need the most protection under the law out of the law, which means private educational institutions who charge hefty fees and afford biggest lawyers can easily win legal battles in civil courts, while the needy students burdened with hefty fees.

But for the students there is still ray of hope in the consumer forums in this recent judgement Sri Sukhmani Institute Of ... vs Sh. Rishabh Garg on 30 April, 2014 the Hon’ble State commission in which the above mentioned judgments and its application are mentioned, there are educational institutions who do unfair trade practices and are actually fake, these institutions cannot be taken under the definition of educational institutions. Under such circumstances consumer forum do entertain consumer complaints under the CP act 1986. Also the law is still not clear related to unaffiliated institutions. Hope someday The Hon'ble SC would interpret educational institutions and protect innocent students.


"Loved reading this piece by Nitish Banka?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Civil Law, Other Articles by - Nitish Banka 



Comments

9 years ago JAISON ANOTONY

M.D University versus Surjeet Kaur - Consumers must note that this order was given in just about six lines and did not discuss the facts merit ofthe particular case. Although rare rejections in district forum, no such rejection at National Forum.


10 years ago Dr. MPS RAMANI Ph.D.[Tech.]

When imparting education becomes a commercial activity Consumer courts should have jurisdiction over them. This is particularly relevant with regard to coaching classes.


10 years ago H.JanakiManohar Rao

It is fact that all the private educational institutions are viewing that it is also a business and tend to see huge profits out of it.Definately they are not service motive.In view of the above they should be brought under the Act.


10 years ago J. P. Shah

I will be writing to HRD and Law Ministry on this issue, since there is huge loot in education field in India. It may amend CPA Act so that this field is brought under it.


10 years ago vswaminathan

OFFHAND (to share random thoughts): As regards the grievance aired against 'hefty fees', may be, that could be regarded not without substance. More so, if one were to keep in mind the latest move insisting on 'RTE'. Even so, the broad-based suggestion to make a complaint and seek relief under the CPA against the 'quality'/'deficiency' in imparted education, that too in all situations, is, by and large, 'misconceived'; as it has the obvious potential to upturn the apple cart itself, so to say. For, the quality of education imparted rests / is dependent upon, not only on the competence of the ‘teacher’ but also, rather comparatively in a greater measure, on the capacity/competence of the ‘student’ to absorb, assimilates, digest, and explore further. All not said, it might be worthwhile for everyone concerned not to but mind and make a deep study of the case law individually , - both for or against the view canvassed in the write-up; before commenting on the merits or otherwise of the view urged on a standalone basis.


10 years ago Harshul Kansal

There arises need of definition of unaffiliated educational institution.


10 years ago Francis Dias

Timely and so true. Hope someone initiates remedial measures, particularly in the light of so many ed. insts. that have mushroomed, making humungous promises. What happens if they don't deliver and students are left in the lurch!


10 years ago Ashish Kumar Tyagi

Definitely all private institute must be covered undet cp act 1986 otherwise it will be unfair because students already pay a huge amount and if their complaint is not heard in consumer forums they will have to spend more & more money without any fault.


10 years ago D NARAYANASWAMI

Nevertheless, education is indeed a very important service, if not a 'deemed' commodity. Students are the consumers. Hence the Law Makers should give serious thought to this major issue and ensure amendment/s forthwith.


10 years ago D NARAYANASWAMI

Nevertheless, education is indeed a very important service, if not a 'deemed' commodity. Students are the consumers. Hence the Law Makers should give serious thought to this major issue and ensure amendment/s forthwith.


Show All (11) (Login required)


You are not logged in . Please login to post comments.

Click here to Login / Register