Schools Are Service Providers Under consumer Protection Act

In various judgements the National Commission set up under consumer protection act has held that if the student is paying the school fees then the student is a consumers under the section 2 of consumer protection act 1985 and the school is a  service providers. This implies that the students or his parents have a right to approach and file a complaint with the consumer forum if there is deficiency in service. In another judgement the apex body has also held that the complaint under consumer protection act does not override or make the civil or criminal complaint redundant but both can run simultaneously. It simply implies that a complaint in deficiency of service can be filed to claim compensation and mental harassment even though there is a civil or criminal complaint on the same issue or is likely to be filed. This is very important information for all the parents/students studying in school, colleges, etc.

In a recent judgement by the Maharashtra state commission has awarded a compensation of Rs.2.5 Lacs to a 14 years old student of a prestigious school where the arm of the student was fractured during a shuffle with another student and no teacher was present. It has held that the school is a service provider and the student a consumer under the consumer protection act 1985.

Taking a step further it will imply that wherever a fee or subscription is paid to the organization for providing a service then the organization can be termed as a service provider under the consumer protection act and a complaint for compensation, damages can be filed in the consumer forums.