NCDRC

NCDRC

RP/4138/2009

VIVEKANAND TIWARI - Complainant(s)

Versus

PEOPLES COLLEGE OF MEDICAL SCIENCES & RESEARCH CENTER - Opp.Party(s)

MR. NIRAJ SHARMA

25 Jan 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 4138 OF 2009
(Against the Order dated 26/06/2009 in Appeal No. 26/2009 of the State Commission Madhya Pradesh)
1. VIVEKANAND TIWARIS/o. Shri Ramvaran Tiwari, R/o. Bear House Road. Gopalganj Sagar M.P. ...........Petitioner(s)
Versus
1. PEOPLES COLLEGE OF MEDICAL SCIENCES & RESEARCH CENTERThrough Principal administrative office Bhampura Bhopal M.P. ...........Respondent(s)

BEFORE:

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 25 Jan 2010
ORDER

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Heard the learned counsel for the petitioner.

          It is submitted by the learned counsel for the respondent that in similar situation other students have been awarded Rs.1 lakh and on their appeals, in the SLPs before the Supreme Court, that order has been confirmed. In the present case, the petitioners are also put in the same footing. It is also argued by the learned counsel for the petitioner that distinction can be drawn from the fact that others had not filed revision petition before the National Commission for enhancement to Rs.2 lakh and that his matter be considered afresh for enhancement. District Forum had awarded Rs. 2 lakh and on appeal of the respondent, it was reduced to Rs. 1 lakh. In view of the fact that all students have been awarded the same amount of Rs. 1 lakh as compensation, we do not find any illegality in the order of the State Commission in awarding Rs.1 lakh to the petitioner. Separate distinction cannot be drawn in case of one student from the other students, if the cause of action is the same.

          In view of the fact that order has been complied by the respondent and petitioner had withdrawn the said amount, we find no reason to interfere with the order of the State Commission. Revision petition is, therefore, dismissed.