Class action

Caveat Emptor

 Imparting education was once considered a religious duty in India. But it has now become a business.

 Frequently exorbitant and disproportionately high fees are charged for educational services.

 Also, a number of institutions have been adopting dubious methods of collecting charges from parents, such as donations and advertisements. Tall claims are made by rapidly mushrooming fake institutions.

 Do the consumers of educational services have any effective remedies against such unfair practices?

 A civil suit is not only a costly affair but takes years to conclude. The consumer courts can certainly take action but only in individual cases. They cannot pass orders of a general nature affecting all educational institutions.

 Moreover, pricing in itself does not come within their purview and hence they cannot question exorbitant fees. On the other hand, the MRTP Commission has immense powers.

 It does not have to wait for individual complaints and can take suo motu action against any institution. It can pass interim injunctions and can also look into the pricing component, under Section 2(I) (v) of the MRTP Act, 1969.

 Does education fall under the regulatory control of the consumer courts or the MRTP Commission? This has been a controversial question.

 The answer can be yes if and only if education comes within the definition of a