Lawstreet Journal

NCDRC clarifies Education, including Co-curricular, does not fall under Consumer Protection Act, 1986

Lawstreet Journal 26 Feb 2021 10:11pm

Image courtesy: Lawstreet Journal Judiciary NCDRC clarifies Education, including Co-curricular, does not fall under Consumer Protection Act, 1986

The National Consumer Disputes Redressal Commission (NCDRC) has declared that “a complaint against an educational institution not maintainable before the consumer forum.” 

The NCDRC after careful observation of the Consumer Protection Act, 1986 and its usage of the word ‘service’, clarified that educational institutions ,including their co-curricular activities for example swimming, does not fall under the ambit of the act. 

The decision was given with regard to the First Appeal No. 852 of 2016 filed by a father of a student who lost his life in the swimming pool of his school. The Respondent School provided extra-curricular activities, one such being a swimming summer camp which the appellants’ son was enrolled in after paying a participation fee of Rupees 1000. 

The father received an emergency call from the Respondent School authorities on May 28, 2007 informing him about the death of his son. The father then went on to complaint for negligence and deficiency on part of the school, claiming for Rs.22,55,000 for “compensation for death of his son, the mental agony suffered by him, and for the cost of litigation.”

Hon'ble Mr. C. Viswanath, as a member of the NCDRC, refers to previous matters and their precedents. The Supreme Court in Anupama College of Engineering v. Gulshan Kumar & Anr held , “educational institutions are not providing any kind of service, therefore, in a matter of admission, fees etc. there cannot be question of deficiency of service”. The NCDRC also goes on to cite Manu Solanki and Ors v. Vinayaka Mission University “such incidental activities… Continue Reading...

Tagged: National Consumer Disputes Redressal Commission   NCDRC  
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