NCDRC

NCDRC

RP/1731/2012

RAVI SHARMA - Complainant(s)

Versus

MAHARSHI DAYANAND UNIVERSITY & ANR. - Opp.Party(s)

MR. ASHOK KUMAR SAINGH

09 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 362 OF 2012
 
(Against the Order dated 25/11/2011 in Appeal No. 1492/2011 of the State Commission Haryana)
1. M/S. SHRI RAM COLLEGE OF ENGINEERING & MANAGEMENT
70 K.M Stone , Delhi Mathura Road,P.O Aurangabad Palwal, Through its Director/Principal/Authorized person
Palwal
Haryana
...........Petitioner(s)
Versus 
1. RAVI SHARMA & ANR.
S/o Shri Yoginder Pal Sharma, R/o New Friends Colony ,Ward No-4,Sohna
Gurgaon
Haryana
2. M.D University/
Through its Registrar/Vice Chancellor
Rohtak
Haryana
...........Respondent(s)
REVISION PETITION NO. 1731 OF 2012
 
(Against the Order dated 04/01/2012 in Appeal No. 495/2011 of the State Commission Haryana)
1. RAVI SHARMA
S/o Shri Yogendra Pal Sharma R/o Friends Colony Wards No-4 Sohna
Gurgaon
Haryana
...........Petitioner(s)
Versus 
1. MAHARSHI DAYANAND UNIVERSITY & ANR.
Through its Vice Chancellor
Rohtak
Haryana
2. M/s Shri Ram College Of College And Enginnering and Management
70 Km Stone Delhi Mathura Road, PO ,Auragagabad
Palwal
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :
Mr. Vijay Kumar Gupta, Advocate
For the Respondent :
Mr. Ashok Kumar Singh, Advocate
Mr. Naresh Kumar Gaur, Advocate
Mr. M.K. Ghosh, Advocate

Dated : 09 Oct 2012
ORDER

Counsel for M/s. Shri Ram College of Engineering & Management, petitioner in RP No. 362 / 2012 has invited our attention to another order dated 4.11.2012 passed by the Haryana State Consumer Disputes Redressal Commission (for short he State Commission in FA No. 495 / 11 titled aharishi Dayanand University through its Vice-Chairman Vs. Ravi Sharmawas allowed and the complaint was dismissed by the State Commission and the impugned order passed by the District Forum was set aside holding that the complainant was not a onsumer However, giving the liberty to the complainant to seek his remedy before the appropriate civil court / competent authority. The said appeal before the State Commission was filed against the same impugned order dated 24.02.2011 passed by the District Consumer Disputes Redressal Forum, Palwal which was the subject matter in the appeal no. 1492/2011 filed by M/s. Shri Ram College of Engineering & Management, petitioner in RP No. 362 / 2012. 2. Counsel for the petitioner states that the appeal filed by the petitioner has been dismissed mainly on the ground that the appeal so filed was highly belated and the State Commission declined to condone the delay and as a consequence dismissed the appeal. The effect of such dismissal of the appeal on the ground of limitation is that the order of the District Forum qua the present petitioner, Shri Ram College of Engineering & Management, has become final which is in direct conflict with the order passed by the State Commission in appeal no. 495 / 2011. 3. In view of above stated position and the fact that the appeal filed by the petitioner has not been considered and answered by the State Commission on merits, we deem it expedient in the interest of justice to condone the delay in filing of the appeal which will be subject to cost of Rs.10,000/- payable to the respondent no. 1, i.e., Ravi Sharma. The appeal is remitted back to the State Commission to decide the same on merits in accordance with law. Revision petition [RP No. 1731 / 2012] avi Sharma Vs. M.D. University & Anr.is also disposed off in the same terms. Parties shall be free to raise all the questions of law and fact which will be available to them. Parties are directed to appear before the State Commission on 09.11.2012 for further directions.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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