BIHAR SCHOOL EXAMINATION BOARD versus SURESH PRASAD SINHA

BIHAR SCHOOL EXAMINATION BOARD versus SURESH PRASAD SINHA

A statutory School Examination Board does not render 'services' for consideration as defined under the Consumer Protection Act, 1986, and conducting examinations is a statutory function, not a service; therefore, candidates taking examinations are not 'consumers' and complaints against the Board are not maintainable before consumer fora.

Parties
Appellant: Bihar School Examination Board; Respondent: Suresh Prasad Sinha
Jurisdiction
India
Judgment Date
04 September 2009
Procedural Posture
Civil Appeal / Appeal Against Order of National Consumer Disputes Redressal Commission
Outcome
Appeal allowed
Legal Topics
Definition of Consumer, Statutory Functions, Jurisdiction of Consumer Fora, Service Provider Status
Consumer Protection Law Administrative Law Definition of Consumer Statutory Functions Jurisdiction of Consumer Fora Service Provider Status

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Parties

Bihar School Examination Board

Appellant

Suresh Prasad Sinha

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of National Consumer Disputes Redressal Commission

Legal Issues

  1. 1 Whether a statutory School Examination Board is a 'service provider' under the Consumer Protection Act, 1986
  2. 2 Whether a candidate taking an examination conducted by the Board is a 'consumer' under the Act
  3. 3 Whether complaints against Examination Boards are maintainable before consumer forums

Ratio Decidendi

A statutory School Examination Board does not render 'services' for consideration as defined under the Consumer Protection Act, 1986, and conducting examinations is a statutory function, not a service; therefore, candidates taking examinations are not 'consumers' and complaints against the Board are not maintainable before consumer fora.

Court Disposition

Appeal allowed

Orders

  • Impugned orders of Consumer Fora set aside
  • Complaints against the Board held not maintainable