Educational institutions are not service providers and students are not consumers; disputes not maintainable under the Consumer Protection Act: UP State Consumer Commission

Education Not a 'Service', Student Not a 'Consumer': UP State Commission Overturns Fee Refund Order

Lucknow: The Uttar Pradesh State Consumer Disputes Redressal Commission, in a significant ruling on its jurisdiction, has held that disputes between educational institutions and students regarding fees and admission do not fall under the purview of the Consumer Protection Act. The Commission set aside a District Forum's order that had directed a medical college to refund fees to a student who was denied the opportunity to sit for examinations.

The bench, comprising Officiating President Sushil Kumar and Judicial Member Vikas Saxena, allowed the appeal filed by Naiminath Homeopathic Medical College, emphasizing that educational institutions are not "service providers" and students are not "consumers" within the meaning of the Act.

Background of the Case

The matter originated from a complaint filed by a student, Anshul Upadhyaya, before the District Consumer Commission, Firozabad. The student alleged that after failing to clear the NEET exam for the 2017-18 session, she was offered admission to Naiminath Homeopathic Medical College through its management quota. She paid a total of ₹2,56,945 in fees for counseling and admission.

However, when the time came for the annual examinations, the college allegedly did not allow her and 24 other students to fill out the examination forms, thereby preventing them from taking the tests. When the college refused to refund her fees, she approached the District Commission, which ruled in her favor. The District Commission found the college guilty of a "deficiency in service" and ordered a full refund with 6% annual interest, along with compensation for mental anguish and litigation costs.

Arguments Before the State Commission

The Naiminath Homeopathic Medical College challenged the District Commission's order, raising a fundamental objection to its jurisdiction. The college argued that consumer forums are not the appropriate venue for resolving such disputes, as education is not a commercial service.

The student, represented by her counsel, contended that the District Commission's order was justified and that the college's failure to allow her to take the exam after accepting fees constituted a clear deficiency in service.

Legal Precedents and Commission's Reasoning

The State Commission delved into the conflicting jurisprudence from the Supreme Court on this issue. Judicial Member Vikas Saxena, authoring the judgment, noted that while some Supreme Court decisions have held that educational institutions can be considered service providers, the binding precedent comes from a larger bench.

The Commission cited several key cases:

* P.T. Koshy & Anr. vs. Ellen Charitable Trust & Ors. (2012) : The Supreme Court held that education is not a commodity and educational institutions are not service providers.

* Maharshi Dayanand University vs. Surjeet Kaur (2010) : A larger bench of the Supreme Court decided that educational institutions are not providing a "service" and students cannot be considered "consumers." It held that disputes over fee refunds are not maintainable under the Consumer Protection Act and should be raised in a civil court.

The Commission observed that when there are conflicting judgments from the Supreme Court, the ruling of the larger bench must be followed. It quoted a National Consumer Disputes Redressal Commission (NCDRC) decision in Manu Solanki & Ors. vs. Vinayaka University , which, after analyzing the conflicting views, followed the precedent set by the larger bench in the Maharshi Dayanand University case.

"Following the decision in Maharshi Dayanand University vs. Surjeet Kaur... it is appropriate to hold that at present, this dispute is not maintainable under the Consumer Protection Act," the Commission stated in its order.

The Commission concluded that the District Forum had erred in law by entertaining the complaint and passing a judgment on its merits without first addressing the critical question of maintainability.

Final Decision

The State Commission allowed the appeal and set aside the order of the District Consumer Commission, Firozabad. It ruled that the student's complaint was not maintainable under the Consumer Protection Act. Any amount deposited by the appellant college with the State Commission during the appeal is to be refunded with accrued interest.