NCDRC

NCDRC

RP/893/2021

BAL VIDYA BHAVAN PUBLIC SCHOOL HARDOI & ANR. - Complainant(s)

Versus

ASHUTOSH KUMAR CHAUDHARY - Opp.Party(s)

MR. PAWAN KUMAR RAY, MR. RIT ARORA & MR. RIJU MANI TALUKDAR

17 Nov 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 893 OF 2021
 
(Against the Order dated 29/10/2015 in Appeal No. 380/2009 of the State Commission Uttar Pradesh)
1. BAL VIDYA BHAVAN PUBLIC SCHOOL HARDOI & ANR.
...........Petitioner(s)
Versus 
1. ASHUTOSH KUMAR CHAUDHARY
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT

For the Petitioner :
Mr. Pawan Kumar Ray, Advocate
For the Respondent :
Nemo

Dated : 17 Nov 2022
ORDER

Bal Vidya Bhavan Public School Hardoi through its Director and the Principal, the Petitioners, have approached this Commission by filing a Revision Petition under Section 58(1)(b) of the Consumer Protection Act, 2019 against the Order dated 29.10.2015 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission (hereinafter referred to as the ‘State Commission) whereby the State Commission has dismissed the Appeal filed before it for want of prosecution.

I have heard Mr. Pawan Kumar Ray, learned Counsel for the Petitioners and perused the Impugned Order dated 29.10.2015 passed by the State Commission and also the grounds taken in the memo of Revision Petition and the documents filed along with it.

Mr. Paway Kumar Ray, learned Counsel for the Petitioners submitted that the District Forum committed a manifest error of law in allowing the Complaint.  A three Member Bench of this Commission in case of Manu Solanki and Ors. Versus Vinayak Mission University reported in 1 (2020) CPJ 210, (NC) has held that the provision of the Consumer Protection Act, 1986 is not applicable to educational institutions. 

The Revision Petition is allowed.  The Complaint filed before the District Forum is dismissed.   

Delay in filing the Revision Petition is condoned.

 
......................J
R.K. AGRAWAL
PRESIDENT

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