Circuit Bench Nagpur

StateCommission

A/08/205

Priyadarshani Urdu Girls High School - Complainant(s)

Versus

Ku. Shahin Prveen Rauf Shan - Opp.Party(s)

Adv. Joharapurkar

30 Sep 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA CIRCUIT BENCH AT NAGPUR 5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1 CIVIL LINES, NAGPUR-440 001

First Appeal No. A/08/205 (Arisen out of Order Dated 11/09/2007 in Case No. CC/98/189 of District )   1. Priyadarshani Urdu Girls High School Jafar Nagpur , Yavatmal ...........Appellant(s) Versus 1. Ku. Shahin Prveen Rauf Shan Near Mosque Tarpura Yavtmal 2. Education Officer Junior college Yavatmal 3. Secretary Examination Division Maharashtra state Education Board Amaravati ...........Respondent(s)

BEFORE:     Hon'ble Mr.S.M. Shembole PRESIDING MEMBER   HON'BLE SMT.JAYSHREE YENGAL MEMBER   HON'BLE MR.N. ARUMUGAM MEMBER

PRESENT: aDV.jOHRAPURKAR ......for the Appellant   None for Resp.No.1 & 2 Adv.Saoji for Resp.No.3 ......for the Respondent

ORDER   PER SHRI S.M.SHEMBOLE, HON'BLE JUDICIAL MEMBER   1.Adv.Johrapurkar for the Appellant and Adv.Saoji for the Respondent No.3 are present. However, Respondent No.1& 2 are absent. Adv.Saoji produced copy of the judgment of Hon’ble National Commission in the case of Maharashtra State Board of Secondary and Higher Secondary Education Vs. Shahin Parveen in which it is held that the complainant is not a consumer and, therefore, the complaint is not tenable. In view of this judgment of National Commission, this appeal will have to be allowed. Mr.Johrapurkar, learned counsel for the Appellant also has no objection to dispose of the. Hence the appeal is disposed off.   2.No order as to costs.   Delivered on :30 Sept 2011

[ Hon'ble Mr.S.M. Shembole] PRESIDING MEMBER   [ HON'BLE SMT.JAYSHREE YENGAL] MEMBER   [ HON'BLE MR.N. ARUMUGAM] MEMBER