SC agrees to examine whether education is a service within the Consumer Protection Act – Times of India 7

New Delhi: The Supreme Court has agreed to look into whether education is a service under the Consumer Protection Act. A bench of Justices DY Chandrachur and VV Nagarathana noted that similar legal issues were pending in another case and tagged the matter with it.

“In the context of pending Civil Appeal No. 3504 (Manu Solanki and others v. Binayak Mission University) of 2020, whether education is a service under the Consumer Protection Act is pending in this court. Leave granted. Tag civil appeal,” Said.


The apex court was hearing an appeal filed by a Lucknow resident challenging the order of the National Consumer Dispute Settlement Commission which said that educational institutions do not fall under the Consumer Protection Act, 1986 and education which includes co-curricular activities like swimming. Not a “service” within the meaning of the Consumer Protection Act, 1986.


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In this case, the man’s son was studying at a school that offered various ‘summer camp’ activities including swimming in 2007 and invited students to participate with Rs 1,000.

At around 9.30am on May 28, 2007, she received an emergency call from the school asking her to come immediately as her son was ill.


Arriving at the school, the man was informed that his son had been taken to hospital after drowning in the school swimming pool. She then went to the hospital where she learned that her son had been brought dead.

She then filed a consumer complaint with the state commission alleging negligence and lack of service on the part of the school and demanding Rs 20 lakh as compensation for her son’s death and Rs 2 lakh for mental anguish. 55,000 for the cost of the case.

The state commission dismissed the allegation that the complainant was not a customer. This order was challenged in the NCDRC.


The NCDRC said that education that includes co-curricular activities such as swimming is not a “service” within the meaning of the Consumer Protection Act, 1986.

It agrees with the view of the State Commission that the complainant is not a consumer and the complaint is not maintainable under the Consumer Protection Act, 1986. PTI PKS SA

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