A bench of Justices D. Chandra-chuda and B. Nagar-athna observed that a similar legal issue is pending in another matter and tagged the matter with it. The Supreme Court has agreed to examine the issue of whether education is a service under the Consumer Protection Act.
The top court was hearing an appeal filed by a Lucknow resident challenging an order of the National Consumer Disputes Redressal Commission which held that educational institutions do not come under the purview of the Consumer Protection Act, 1986 and education which includes swimming Includes co-curricular activities. “Service” is not within the meaning of the Consumer Protection Act, 1986.
With regard to pendency of Civil Appeal No. 3504 (Manu Solanki & Others Vs Vinayak Mission University) of 2020, the issue whether education is a service within the Consumer Protection Act is pending before this Court. Vacation granted. Tag with civil appeal,- the bench said in its October 29 order.
Details of Civil Appeal No. 3504 of 2020:
Thereafter, he filed a consumer complaint with the state commission alleging negligence and deficiency in service on the part of the school and Rs 20 lakh as compensation for the death of his son, as well as Rs 2 lakh due to mental agony. claimed. 55,000 towards the cost of litigation.
Complaint about not Coming under the Purview of Consumer Protection Act:
The State Commission dismissed the complaint on the ground that the complainant was not a consumer. This order was challenged in the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC held that education which includes co-curricular activities like swimming is not a “service” within the meaning of the Consumer Protection Act, 1986.
This agrees with the view of the State Commission that the complainant is not a consumer and the complaint is not maintainable to be covered under the Consumer Protection Act, 1986.
