NCDRC

NCDRC

RP/3019/2012

AJAY KUMAR GUPTA - Complainant(s)

Versus

NATIONAL INSTITUTE OF OPEN SCHOOLING - Opp.Party(s)

IN PERSON

03 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3019 OF 2012
 
(Against the Order dated 18/07/2012 in Appeal No. 121/2010 of the State Commission Uttaranchal)
1. AJAY KUMAR GUPTA
S/o Raj Naryan Gupta R/o Dyand Nagri, Pargana,Jwalapur,Tehsil
Haridwar
Uttranchal
...........Petitioner(s)
Versus 
1. NATIONAL INSTITUTE OF OPEN SCHOOLING
A-38 Kailash Colony
New Delhi - 110048
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 03 Sep 2012
ORDER

Heard the petitioner in person. Brief facts of the case are that petitioner applied for accreditation upto Class-10 of his school and moved application on 29.5.2004 alongwith draft of Rs.2,500/- dated 4.6.2004. We are not examining impugned order on other matters, viz; jurisdiction and whether complainant falls within purview of consumer, and deciding only on the count of limitation. This complaint has been filed on 26.3.2007. Learned State Commission has rightly observed that complaint is time barred as it should have been filed within a period of two years from the date of cause of action arose. Petitioner submitted that cause of action arose on 30.9.2005 and later on it extended by the reminders. This argument is devoid of force as the petitioner applied for accreditation on 29.5.2004 alongwith draft dated 4.6.2004 and in such circumstances complaint should have been filed before 4.6.2006 whereas complaint has been filed on 26.3.2007 which is clearly time barred and in such circumstances petition is liable to be dismissed at admission stage. Consequently, petition filed by the petitioner is dismissed being time barred without any order as to costs.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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