Chandigarh

StateCommission

A/90/2016

M/s Chanakya Academy for Education & Training Pvt. Ltd. - Complainant(s)

Versus

Aditi Gupta - Opp.Party(s)

Gaurav Chopra

26 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Appeal No.	:	90 of 2016
Date of Institution	:	22.03.2016
Date of Decision	:	26.05.2016

 

M/s Chanakya Academy for Education & Training Pvt. Ltd., Head Office: 123-124, Satya Niketan, Opposite Venkateshwar College, Dhaula Kuan, New Delhi. Also at: SCO No.47-48, Sector 8C, Madhya Marg, Chandigarh through its Marketing Manager Ms. Hitesh Kumar Khamra.

……Appellant/Opposite Party No.1.

Versus

1. Aditi Gupta resident of House No.1802, 1^st Floor, Sector 34-D, Chandigarh.

….Respondent/Complainant.

2. Rajat Chopra, Center Head, Chanakya IAS Academy, SCO No.47-48, Sector 8-C, Madhya Marg, Chandigarh.

….Respondent/Opposite Party No.2.

Appeal under Section 15 of the Consumer Protection Act, 1986.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

 

Argued by:

 

Sh. Gaurav Chopra, Advocate for the appellant.

Sh. Renu Rishi Gautam, Advocate for respondent No.1.

Service of respondent No.2 dispensed with vide order dated 02.05.2016.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

 

            Ms. Renu Rishi Gautam, Advocate, has put in appearance on behalf of respondent No.1/complainant and filed her Vakalatnama, which is taken on record.

2.         This appeal has been filed against an order dated 29.01.2016 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’), vide which complaint filed by respondent No.1/complainant was allowed.

3.         It is on record that for non appearance, the appellant was ordered to be proceeded exparte. In its (appellant’s) absence, order, under challenge, granting compensation was passed by the Forum.

4.         At the time of arguments, a very fair stand has been taken by the Counsel for respondent No.1/complainant that let the Forum hear the complaint on merits, with rider that respondent No.1/complainant, who is a student, be compensated for the loss of time.

5.         We appreciate the stand taken by the Counsel for respondent No.1/complainant.

6.         In view of above, the appeal is allowed. The order under challenge is set aside. The matter is remitted to the Forum to decide it a-fresh.

7.         Parties are directed to appear before the Forum concerned on 22.06.2016 before the Forum.

8.         Counsel for respondent No.1/complainant undertakes to supply copy of the complaint to the Counsel for the appellant within three days positively.

9.         Counsel for the appellant undertakes to file reply and evidence on the date fixed i.e. 22.06.2016. No further adjournment shall be granted by the Forum for the said purpose.

10.        Order passed is subject to payment of Rs.15,000/- as cost. The said amount shall be paid by the appellant to respondent No.1/complainant or his Counsel before the Forum on the date fixed.

11.        Certified copies of this order be sent to the parties, free of charge.

12.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

13.        File be consigned to the Record Room after completion.

Pronounced

May 26, 2016.

 

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

(DEV RAJ)

MEMBER 

 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/Rb