During the 1990s, the Supreme Court gave several judgments which interpreted the Consumer Protection Act (and other consumer-related acts) liberally and greatly expanded the ambit of the Consumer Courts. This trend followed the Supreme Court observation "The provisions of the (Consumer Protection) Act have to be construed in favour of the consumer to achieve the purpose of the enactment as it is a social benefit oriented legislation" in the historic Lucknow Development Authority Vs. M.K. Gupta case (III(1993) CPJ 7 (SC)).
But now the pendulum seems to be swinging the other way and in several decisions, the apex court has reversed the earlier pro-consumer decisions given by itself and has even struck down pro-consumer provisions of the law. In a recent decision, it has removed examination boards from the ambit of the Consumer Protection Act (CPA). So if the examination board loses the answer sheet of a student or for any other reason fails to publish his results, and he loses a year in the bargain, he can not now get compensation for the lost year. In fact, he now has no legal recourse at all against any acts of negligence by the examination boards.
In Bihar School Examination Board Vs. Suresh Prasad Sinha (IV (2009) CPJ 34 (SC)), the Supreme Court has held that examination boards are statutory bodies which do not offer any "service" to the candidates and the examination fees paid by the student is not a consideration for availment of service, but charge paid for the "privilege of participation in examination". The order of the Supreme Court overturns the order of the Patna District Forum (which had been upheld by the Bihar State Consumer Commission and the National Consumer Commission).
B.Vaikunth Shenoy, member, Mysore Grahakara Parishat