Picture for representational purpose only

Aditya was a student studying in Oberoi International School, Goregaon . As the school had refused to allow him to appear for his exams, his mother filed a complaint before the Mumbai Suburban District Consumer Forum alleging deficiency in service and unfair trade practice.

The Forum dismissed the complaint on the ground that a student cannot be considered a consumer. Aditya's mother challenged this order and argued her own appeal in person. She pointed out there were several precedents in which a student had been held to be a consumer.

The Maharashtra State Commission pointed out that conduct of exams by statutory boards was not considered to be a service,but in the absence of any legal binding, it would be incorrect to hold a student is not a consumer. Besides, there were several rulings of the National Commission as well as the Supreme Court where it had been held that failure to adhere to the guidelines of the University Grants Commission constituted an unfair trade practice, and suitable relief was granted to students under the Consumer Protection Act.

In its order of November 1 delivered by Justice A P Bhangale for the bench along with A K Zade, the Commission held since the law did not debar a student from redressing his grievance before the consumer fora, the complaint ought to have been adjudicated on merit. The complaint was remanded back to the Forum to decide whether or not the school was responsible for deficiency in service or unfair trade or restrictive trade practice.

Conclusion: A student can approach the consumer forum against educational institutions which make bogus claims of affiliation, commit breach of University Grants Commission guidelines, misrepresent about the available infrastructure , or any other grievance which can be termed deficiency in service or unfair or restrictive trade practice.

(The author is a consumer activist and has won the Govt. of India's National Youth Award for Consumer Protection. His email is jehangir.gai.columnist@outlook.in)

