Supreme Court grants leave to SLP questioning Whether Education is service under CPA

Supreme Court Education service Consumer Protection Act

Alka Verma

Published On: November 3, 2021 at 12:00 IST

The Supreme Court granted leave to a Special Leave Petition, which raised the question whether Education provided is a service or not under the ambit of the Consumer Protection Act, 2019.

After observing that a similar issue is pending in another case named Manu Solanki v. Vinayaka Mission University, a Bench comprising Justices DY Chandrachud and BV Nagarathna granted leave.

In this case, the father of a boy filed a complaint after his son drowned and died during the Summer Camp organized by the boy’s school. 

The father stated that the incident happened because of the negligent services provided by the school and hence filed a Consumer Complaint in the State Consumer Disputes Redressal Commission.

However, the State Commission stated the complaint as unmaintainable and thus, dismissed the complaint.

Later on, when the matter was brought before the National Consumer Disputes Redressal Commission, the Commission also dismissed the Appeal referring to various judgments wherein it was held that the Educational Institutions do not fall within the ambit of the Consumer Protection Act, 1986.

The National Commission also took note of its larger bench decision in Manu Solanki and Ors. v Vinayaka Mission University, wherein the NCDRC only held that Institutions providing Education, Vocational courses along with other co-curricular activities, will not be covered under Consumer Protection Act, 1986. 

The Supreme Court in its order observed that there is a SLP filed against this judgement, and hence stated that there are different views in this regard.

However, it should be noted here that the Apex Court in its judgment of P. Sreenivasulu & Anr. v. P. J. Alexander (2015), stated that Educational Institutions come under the ambit of the Consumer Protection Act, 1986 and Education is a Service.

Click here to read/download the Order

Also Read: Jurisdiction, Powers and Process to file complaint in Consumer Courts

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