P.t. Koshy And Ors v. Ellen Charitable Trust And Ors

P.t. Koshy And Ors v. Ellen Charitable Trust And Ors

(Supreme Court Of India)

Petition(s) for Special Leave to Appeal (Civil) No. 22532 of 2012 | 09-08-2012

1. In view of the judgment of this Court in Maharshi Dayanand University v. Surjeet Kaur 2010 (11) SCC 159 [LQ/SC/2010/693] : 2010(2) Code of Civil Procedure 696 S.C. wherein this Court placing reliance on all earlier judgments has categorically held that education is not a commodity. Educational institutions are not providing any kind of service, therefore, in matter of admission, fees etc., there cannot be a question of deficiency of service. Such matters cannot be entertained by the Consumer Forum under the Consumer Protection Act, 1986.

2. In view of the above, we are not inclined to entertain the special leave petition. Thus, the Special Leave Petition is dismissed.

3. Petition dismissed.

Advocate List
Bench
  • HON'BLE JUDGE B.S. CHAUHAN
  • HON'BLE JUDGE SWATANTER KUMAR
Eq Citations
  • 2012 (3) C.P.C. 615
  • LQ/SC/2012/647
Head Note

A. Education and Allied Laws — Consumer Protection Act, 1986 — S. 2(1)(o) — Education not a commodity — Educational institutions not providing any kind of service — Therefore, in matter of admission fees etc., there cannot be a question of deficiency of service — Such matters cannot be entertained by Consumer Forum — Held, in view of judgment of Surjeet Kaur, (2010) 11 SCC 159, placing reliance on all earlier judgments, reiterated. B. Education and Allied Laws — Consumer Protection Act, 1986 — S. 2(1)(o) — Education not a commodity — Educational institutions not providing any kind of service — Therefore, in matter of admission fees etc., there cannot be a question of deficiency of service — Such matters cannot be entertained by Consumer Forum — Held, in view of judgment of Surjeet Kaur, (2010) 11 SCC 159, placing reliance on all earlier judgments, reiterated