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Highlights
- Important issue of consumer protection law raised in front of Supreme Court
- The top court will decide whether education is also a service under this law or not.
- Consumer Court has not considered education as a service, against which appeal was made in SC
New Delhi
Does education also come under the definition of service under the Consumer Protection Act? This question has been raised before the Supreme Court of the country. The National Consumer Forum in its decision had said that education is not considered a service under the Consumer Protection Act. An application was filed in the Supreme Court against this decision of the Forum. The Supreme Court will decide whether there is an education service or not?
what is the matter
Actually, the matter is related to a student who participated in the summer camp organized by the school. During this he drowned in the swimming pool of the school and later died. The child’s father approached the state consumer court in this matter and said that it was a lapse in service. He accused the school of being negligent, but the state consumer court refused to entertain the petition. Then the victim’s family approached the National Consumer Forum.
National Consumer Forum dismissed the petition
The National Consumer Forum in its judgment held that education under the Consumer Protection Act also includes extracurricular activities, such as swimming, which are not services under the Consumer Protection Act. The National Consumer Forum cited the decision of its larger bench. The larger bench had said in the case related to Monu Solanki that educational institutions do not come under the purview of the Consumer Protection Act. There are vocational courses and other activities in educational institutions. It clearly stated that tours, picnics, extracurricular activities, swimming and sports organized by the school are not under the purview of the Consumer Protection Act. The National Consumer Forum dismissed the application in the present case on 8 February 2021.
Special leave petition filed in Supreme Court
A special leave petition was filed in the Supreme Court on behalf of the school student’s father against the order of the National Consumer Forum. A bench headed by Justice DY Chandrachud of the Supreme Court said that the matter related to Monu Solanki is already pending in the Supreme Court in which the issue is whether education is a service under the Consumer Protection Act or not? The Supreme Court said that the special leave petition filed in the present case is allowed for hearing and tagged with the already pending case.
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