Meghalaya

StateCommission

RP/08/2014

Shri Amit Kumar Singh - Complainant(s)

Versus

C. M. J University - Opp.Party(s)

Shri. S. Jindal

17 Apr 2015

ORDER

MEGHALAYA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

SHILLONG

 

R.P No. 8 of 2014

 

BEFORE

 

Hon’ble President: Mr. Justice P.K. Musahary (Retd.)

Hon’ble Senior Member: Mr. Ramesh Bawri

 

 

      Shri Amit Kumar Singh

 

                                    ………Appellant

Versus

                                   

             C.M.J. University

                                                                                                ………..Respondent          

 

 

 

 

For the Appellants                  :        Mr. S.Jindal,  Advocate

                                                             

For the Respondents             :        Mr. M Sharma, Advocate

 

Date of Order                           :       

 

Whether to be reported          :        Yes

 

 

 

Order

 

Per: Shri Ramesh Bawri, Senior Member:

 

The very brief facts leading to the filing of this revision Petition are that the Petitioner was admitted into the CMJ University (Respondent No.1) for the session 2012-2014 and that he paid various amounts of money to the University. However, according to the Petitioner, no classes were conducted nor any guidance imported by the University Aggrieved by such alleged deficiency in service the (c) filed Complaint Case No.51 of 2013 dated 7.12.2013 before the learned District Forum at Shillong.

 

The University ordered appearance on 17.2.2014 and sought time for filing its show cause but soon thereafter, vide Notification dated 31.3.2014 the Government of Meghalaya ordered the dissolution of the University. Learned counsel for the University however confirmed appearing before the learned Forum.

 

On 15.5.2014 the University along with its sponsors M/s CMJ Foundation filed with Petition (C) No.177 of 2014 challenging the aforementioned Notification dated 31.3.2014 before the Hon’ble Meghalaya High Court and on 11.8.2014 the University filed a Petition before the learned Forum praying that in view of the said Complaint Petition the complaint case be kept in abeyance until disposed of the said Complaint Petition.

 

On the other hand, on 12.8.2014, while converting the University prayer to keep the matter in abeyance, the Complaint filed an application before the learned Forum seeking impleadment of CMJ Foundation as Opposite No.2.

 

The University’s application dated 11.8.2014 and the Revision Petitioner/ Complainant’s application dated 12.8.2014 were both heard together on 12.8.2014 and the learned Forum passed the following order on 12.8.2014 itself.

 

It is clear from this order that CMJ Foundation had been added as a paragraph as prayed for by the Complainant. However, the Complainant is aggrieved by that part of the order whereby the Complaint has been kept in abeyance till disposal of the Complaint Petition by the Hon’ble Meghalaya High Court. Hence this Revision petition.

 

We have perused the records and heard Shri. S.Jindal, learned counsel appearing for the Revision petition and Shri.S.P.Sharma, learned counsel appearing for the Respondents along with Shri.M.Sharma, learned counsel. The major thrust of Shri Jindal’s argument is that the cause of action in the complaint has arisen from alleged deficiency in service on the part of the Respondents whereas the cause of action leading to the filing of the Written Petition by the Respondents in the dissolution of the University through Government Notification dated 31.3.2014. He forcefully submits that even on the face of it, these are two totally separate and unconnected subject matters and as such, the Learned Forum grossly erred in holding that the Hon’ble High Court of Meghalaya is seized of the matter on a ‘similar cause of action’ and, based on this finding, in keeping the complaint in abeyance till disposal of the Written Petition. He further submits that such abeyance is causing enormous harm and injury to the petitioner and therefore seeks that this part of the order be set aside.

 

We have anxiously perused the esteemed order dated 15.5.2014 passed by the Hon’ble Meghalaya High Court is reproduced below for utmost clarity in the matter:

 

From a bare reading of the afore-quoted order and the Complaint Petition it is undoubtedly clear that what Shri Jindal has stated has a great deal of force. The Complaint Case before the learned Forum and the Written Petition before the Hon’ble High Court are not on a similar cause of action as held by the learned Forum. As discussed above, the Complaint relaxes to alleged deficiency in service whereas the Written Petition challenges the dissolution of the University by the Government. Even the parties are difference.

 

In our considered view, therefore, neither has the doctrine of res judication any application nor there is any impediment in the hearing of the Complaint filed by the Revision petitioner before the learned Forum keeping the matter in abeyance for the reason stated by the learned Forum will also cause aggravated loss and injury to the Complainant.

 

We therefore set aside the following portion of the order dated 12.8.2014 passed by the learned District Forum, Shillong in Consumer Case No.51 of 2013 and direct the learned Forum to proceed with the hearing of the complaint in accordance with law. However, in view of the peculiar circumstances, we would also add a rider- the learned Forum shall proceed to hear the ……….. pass its final order but, in the event that any award is passed in favour of the Complainant, such award shall not be executed until further orders from this Commission. Further, in such an event, the Revision Petitioner granted liberty to approach this Commission for necessary orders in accordance with the situation prevailing at that time.

 

In the result the Revision Petition stands partly allowed and is disposed of accordingly. Return the case records to the learned District Forum, Shillong which shall intimate the date of next appearance to the parties.  

 

 

 

 

 

SENIOR MEMBER                                                  PRESIDENT