Reply: After the decision of Hon’ble Supreme of India in Maharshi Dayanand University Vs Surjeet Kaur (2010)11 SCC 159, it has been held that educational institutions are not a commodity. Educational institutions are not providing any kind of service, therefore, in the matter of admission, fees et cetera, there cannot be a question of deficiency of service. Such matters cannot be entertained by Consumer Forums under the Consumer Protection Act, 1986. The Educational institutions, therefore, do not fall within the ambit of the Consumer Protection Act, 1986 and education which includes co-curricular activities such as swimming, is not a service within the meaning of the Consumer Protection Act, 1986.
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