Educational institutions under consumer protection
Nitish Banka
(Querist) 13 August 2015
This query is : Resolved
Dear Ld. experts
Are educational institutions are under CP act or not there is a latest judgement of SC
P.T. Koshy & Anr. Versus Ellen Charitable Trust & Ors., 2012(3) C.P.C. 615 (S.C.)
InP.T. Koshy & Anr. Versus Ellen Charitable Trust & Ors., 2012(3) C.P.C. 615 (S.C.)Honble Apex Court after referring to judgment MaharshiDayanand University v. SurjeetKaur2010(11) SCC 159 held that education is not commodity and Educational institutions are not providing any service. Therefore, in the matter of admission, fee etc, there cannot be a question of deficiency in service. Such matters cannot be entertained by the Consumer Fora under the Consumer Protection Act, 1986.
Advocate/CS Sanjeev Kataria
(Expert) 16 August 2015
Colleges and Universities are covered under Consumer Protection Law, as education falls in the ambit of service.
National Commission opened new doors in “Bhupesh Khurana and others Vishwa Budha Parishad and others” that imparting education falls within the ambit of service as defined under CPA. It was held that fees are paid for services to be rendered by way of imparting education by educational institution
