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2020 Supreme(SC) 968

SUPREME COURT OF INDIA
D.Y. CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEE, JJ.
Manu Solanki & Ors. – Appellants
Versus
Vinayaka Mission University & Ors. - Respondents
Civil Appeal Diary No(s).12901 of 2020(Arising out of impugned final judgment and order dated 20-01-2020 in CC No. 261/2012 passed by the National Consumer Disputes Redressal Commission, New Delhi), (WITH IA No.63883/2020-CONDONATION OF DELAY IN FILING and IA No.63884/2020-EXEMPTION FROM FILING AFFIDAVIT )
Decided on : 15-10-2020

Advocates:
Advocate Appeared:
For the Appellant : Mr C S Vaidyanathan, Sr. Adv., Mr Harish Vaidyanathan, Adv., Mr. Ravi Panwar, AOR
For the Respondent: Mr. Soumyajit, Adv., Mr. Vinodh Kanna B., AOR

The interpretation of the applicability of the Consumer Protection Act 1986 to educational institutions and Universities requires further consideration.

Headnote:

Consumer Protection Act 1986 - Educational Institution - Interpretation of Applicability

Fact of the Case:

The court addressed the issue of whether an educational institution or University would be subject to the provisions of the Consumer Protection Act 1986.

Finding of the Court:

The court found divergent views on the subject and decided to admit the appeal for further consideration.

Issues: Interpretation of the applicability of the Consumer Protection Act 1986 to educational institutions and Universities.

Ratio Decidendi: The court's decision to admit the appeal indicates the need for further analysis and consideration of the applicability of the Consumer Protection Act 1986 to educational institutions.

Final Decision: The court condoned the delay, admitted the appeal, and dispensed with service on the second proforma respondent.

ORDER :

1. Delay condoned.

2. Since there are divergent views of this Court bearing on the subject as to whether an educational institution or University would be subject to the provisions of the Consumer Protection Act 1986, the appeal would require admission.

3. Admit.

4. Mr Soumyajit, learned counsel appearing on behalf of the caveator, states that the counter affidavit would be filed within six weeks from today.

5. Service on the second proforma respondent is dispensed with.

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