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.
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.
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