New Delhi, the Supreme Court has agreed to check the problem whether education is a service in consumer protection laws.
Judge D y Chandrachud and B V Nagaratha noted that similar legal issues are waiting for adjudication in other cases and marking this problem.
“With regard to the suffering of civilian appeals No.
3504 of 2020 (Manu Solanki and others vs.
Vinayaka Mission University), the problem whether education is a service in the consumer protection law, waiting before this court.
Tags with civilian appeal,” said the bench in the order October 29.
The Apex Court heard the appeal submitted by Lucknow Resident who challenged the command of the National Consumer Equipment Commission which said educational institutions were not included in the Ambit Consumer Protection Act, 1986 and education which included swimming activities, such as swimming, not “service” in the sense of law Consumer protection, 1986.
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In this case, the male son studied at school offering a variety of activities ‘summer camps’ in 2007 including swimming, and invited students to participate by paying Rs 1,000.
On May 28, 2007 at around 9:30 a.m., he received an urgent call from the school asking him to come soon when his son was unhealthy.
After reaching school, the man was told that his son was taken to a hospital as he had been drowned in the school pool.
He then rushed to the hospital where he learned that his son was taken dead.
After that, he filed a complaint of consumers in the State Commission who accused negligence and deficiencies in the service in the school and claimed Rs 20 Lakh as compensation for the death of his son and Rs 2 Lakh because of the mental suffering he suffered and Rs 55,000 for litigation fees.
The State Commission refused complaints in the field that complainants were not consumers.
This order is challenged at NCDRC.
NCDRC states that education that includes co-curricular activities such as swimming, not “service” in the sense of consumer protection law, 1986.
This agrees with the view of the State Commission that complainants are not consumers and complaints not covered by consumer protection laws, 1986 cannot be maintained.
PTI PKS SA.
