ORAL

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 1414 of 2000

Study Circle of Postal Society (SCOPE) through

its Director, Street no.10, Himayat Nagar,

Hyderabad.                                                     ….Appellant.

Versus

Smt. Renuka Verma C/o Sri M.S. Verma.  ....Respondent.

Present:

Hon'ble Mr. Vijai Varma, Presiding Member.

Hon'ble Mr. Raj Kamal Gupta, Member.

None responds.

Date:  5.4.2018

ORDER

(Delivered by Sri Vijai Varma,  Member)

Case called out. Counsel for the appellant has moved an application for adjournment making allegations against the Member Mr. Vijai Varma which is absolutely false. Earlier also on 24.11.2017, an application on the same ground was moved whereupon it was ordered that the matter be placed before the Hon'ble President for appropriate orders. It transpires that on 5.2.2018, this appeal was listed before the Hon'ble President and he had ordered for listing the case before the concerned bench for hearing. So, it is obvious that this application for listing the case before a bench where Mr. Vajai Varma is not a member was not accepted by the Hon'ble President and therefore, this application which is totally false and malicious deserves to be rejected and it is, therefore, rejected. It is pertinent to mention here that Shri Rajesh Chaddha, Advocate has been appearing for the appellant in this case but no Vakalatnama has ever been filed by him.

Perused the entire records. The matter is proceeding for admission of this appeal. It is evident from the order sheet dated 8.8.2017 that this appeal has been filed with delay and no application for condonation of delay has been moved. The appeal has not yet been admitted though it pertains to the year 2000. We find that this appeal has been filed on 29.4.2000 as the appeal was received through post against the order dated 15.2.2000 passed by the Forum below in complaint case no.6 of 1998. The

(2)

copy of the judgment was received on 17.2.2000 and hence, the appeal should have been filed within 30 days of

receiving the copy of the order, but it has been filed after more than a month and no application for condonation of delay was moved by the appellant.

Under the circumstance, the delay in filing the appeal can not be condoned and therefore, this appeal deserves to be dismissed on the ground of delay itself.

Besides, it transpires that a complaint was filed by the complainant Renuka Verma against the appellant/OP on the ground that she had applied for a correspondence course organized by the appellant/OP to be conduced by Osmania University, Hyderabad. She had deposited the fees as per the requirement of the appellant/OP but despite she fulfilling all the formalities, the promised examination was not conducted and therefore, the complainant had to suffer and hence, a complaint was filed in the Forum below wherein the OP had taken the ground that Osmania University was not arrayed as party and also the fact that they were the Coaching Institute and had supplied the material to the complainant but due to unavoidable circumstances Osmania University did not conduct the examination for which there is no deficiency on their part but from the letter dated 15.3.1997 written by the appellant/OP to the complainant, it transpires that they had considered the application of the complainant for admission in their institute for BA course. So from the evidence on record, it is clear that they mis-represented about the BA course of one sitting to be conducted by Osmania University whereas no such examination or course was conducted by Osmania University, therefore, obviously the appellant/OP were liable for mis-representation to the complainant and therefore, they committed serious deficiency in service whereby the complainant had to suffer mentally, physically and economically and therefore, the ld. Forum has passed the correct order which requires no interference. Therefore, this appeal deserves to be dismissed at this stage itself.  

 It is, accordingly, dismissed.

Certified copy of the order be provided to the parties in accordance with rules.

                 (Vijai Varma)                   (Raj Kamal Gupta)

               Presiding Member                       Member

Jafri PA II Court No.2