NCDRC

NCDRC

RP/2922/2010

MALLISETTY SUBRAHMANYAM - Complainant(s)

Versus

ASCHARYA NAGARJUNA UNIVERSITY & ANR. - Opp.Party(s)

MR. D. BHARAT KUMAR

09 Sep 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2922 OF 2010
(Against the Order dated 06/04/2010 in Appeal No. 737/2007 of the State Commission Andhra Pradesh)
1. MALLISETTY SUBRAHMANYAMR/o. Opp. Police Station Road, Vijaywada Road, Hanuman JunctionHanuman JunctionAndhra Pradesh ...........Petitioner(s)
Versus
1. ASCHARYA NAGARJUNA UNIVERSITY & ANR.Through its Registrar, Nagarjuna NagarGunturAndhra Pradesh2. RAJIV GANDHI DEGREE COLLEGEThrough its Director, Hanuman JunctionKrishnaAndhra Pradesh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :MR. D. BHARAT KUMAR
For the Respondent :NEMO

Dated : 09 Sep 2010
ORDER

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We agree with the view taken by the State Commission that the complaint filed by the petitioner against the Bihar School Examination Board was not maintainable in view of authoritative pronouncement of Supreme Court in “Bihar School Examination Board vs. Suresh Prasad Sinha, 2009 (VIII) SCC 483”.  The judgment of Supreme Court is binding on this Commission as well.  Dismissed.

 

-2-

          The dismissal of the complaint will not debar the petitioner from seeking redressal of his remedy, if so advised, in any other forum along with an application under Section 14 of the Indian Limitation Act for condoning the delay for the time spent before the consumer fora, keeping in mind the observations made by the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583.          

 



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER