The National Consumer Disputes Redressal Commission (NCDRC) has observed that the Consumer Protection Act, 1986, does not apply to Educational Institutions, and that co-curricular activities such as swimming do not fall within the scope of "service" as defined under the Act.
The present Appeal was preferred against an order of the Uttar Pradesh Consumer Disputes Redressal Commission, Lucknow, by the father of a student who had been enrolled at the Respondent School. It was submitted that the School offered various Summer Camp activities, including swimming. The Appeal stated that on 28.05.2007, that the appellant received an urgent call from the School and, upon reaching the School, he was informed that his son had died in the swimming pool. Thereafter, the Appellant filed a Consumer Complaint before the State Commission alleging negligence and deficiency in service by the School.
Thus, NCDRC held that the Complaint was not maintainable as it was not covered under the Consumer Protection Act, 1986.