EDUCATION SERVICES AND CONSUMER PROTECTION ACT: CONFUSION AND DIVERGENCE IN JUDICIAL RESPONSE IN INDIA

Mushtaq Ahmad : Education Services and Consumer Protection Act: Confusion & Divergence in Judicial responseVol. XL(4) 2013, PP:41-64 INDIAN BAR REVIEW, International Journal , Refreed/Peer Reviewed,  INDEXED JOURNAL : BY The Indian Law Institute , Worldcatetc. Published By: Bar Council of India, New Delhi.

Abstract

Due to its large population and cultural ethos, India is home to the largest group of potential

consumers of education services in the world. The government has correctly identified

greater private participation as a method to increase the efficiency of spending. This has

resulted in greater outsourcing by government to the private sector and also more robust

private models to participate directly in this sector. Flexible regulations and a weak

government structure have resulted in a weak structure of education in India. The private

sector remains unorganised and fragmented, while the government institutions have a

significant infrastructure deficit.. The institutions that make false claims about recognition,

affiliation and other education related support services and charge high fee are not interested

to share responsibilities of a service provider. They are taking advantage of confusing and

divergent verdicts expressed by Consumer Forums and higher judiciary. The students are

the ultimate sufferers of poor delivery of services. The purpose of this paper is to discuss

the issue that education is a complex service from admissions to examination stage,

discharged by both public and private institutions. Therefore, the issue whether any

component is a service cannot be delinked from the broader issue that education is a

service under the CP Act and also that these complex issues should be examined in an

integrated way. Undoubtedly, private educational institutions are a necessity in the

present day context. But they must be allowed to do so under strict regulatory mechanism in

order to prevent such institutions from indulging in unfair trade practices. These are some

of the basic issues which are discussed in light of the conflicting decisions of Consumer

Fora, High Courts and the Supreme Court.

Key words: Education services, students as consumers, statutory service or facility,

conflicting decisions