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ARTICLE · 06 DECEMBER 2021

November - Newsletter 2021

In an appeal filed by a Lucknow resident, the Apex Court granted leave in a Special Leave Petition which raised the issue whether education is a service within the Consumer Protection Act, 2019.

IndiaConsumer Protection
  • Whether education is a service within the Consumer Protection Act? – In an appeal filed by a Lucknow resident, the Apex Court granted leave in a Special Leave Petition which raised the issue whether education is a service within the Consumer Protection Act, 2019. The Appellant whose son had died due to drowning in the school's swimming pool had filed a consumer complaint in the State Commission alleging negligence and deficiency in service on part of the school authorities. The State Commission, and later the National Consumer Disputes Redressal Commission dismissed the complaint holding that 'educational institutions' do not fall within the ambit of the CP Act, 1986 and 'education' which includes co-curricular activities such as swimming, is not a "service" within the meaning of the aforesaid Act. The bench also noted that a similar issue is pending for consideration in another case titled Manu Solanki vs Vinayaka Mission University.1

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