West Bengal

Jalpaiguri

CC/27/2024

NIVEDITA SINGH Representing her minor son namely Master Krishna Singh - Complainant(s)

Versus

SRI SRI ACADEMY SCHOOL Trough its Secretary - Opp.Party(s)

RESHAB KUMAR

29 May 2024

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/27/2024
( Date of Filing : 10 May 2024 )
 
1. NIVEDITA SINGH Representing her minor son namely Master Krishna Singh
Radheshyam Apartment, 2nd Floor 2B, near Manokamna Nurshing Home, Iskcon Road, P.O Siliguri Road, P.S. Bhaktinagar, District Jalpaiguri Pin 734001
Jalpaiguri
WEST BENGAL
...........Complainant(s)
Versus
1. SRI SRI ACADEMY SCHOOL Trough its Secretary
At Sri Sri Academy, Dhukuria, P.O New Chumta, Daspur, Siliguri District Darjeeling 734009
Darjeeling
WEST BENGAL
2. THE PRINCIPAL Sri Sri Academy School
At Sri Sri Academy, Dhukuria, P.O New Chumta, Daspur, Siliguri District Darjeeling 734009
Darjeeling
WEST BENGAL
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. APURBA KUMAR GHOSH PRESIDENT
 HON'BLE MRS. Arundhaty Ray MEMBER
 HON'BLE MR. DEBANGSHU BHATTACHARJEE MEMBER
 
PRESENT:RESHAB KUMAR, Advocate for the Complainant 1
 
Dated : 29 May 2024
Final Order / Judgement

Today is fixed for a hearing on admission points.

Complainant files hazirah through Ld.Advocate.

Record is taken up for hearing on admission point. At the time of first hearing, it is found that this is a case against an Educational Institution “Sri Sri Acadamy School''.

It is to be mentioned that the Hon’ble Supreme Court in Civil Appeal Diary Nos. 12901/22(Arising out the impugned Final Judgement and Order dt. 20.01.2020 in C.C. No.261/2012 passed by the National Consumer Disputes Redressal Commission, New Delhi), on 15.10.2020, had admitted the appeal to decide whether an Educational Institutions or University would be subject to the provisions of Consumer Protection Act, 1986? The consumer protection act 2019 is replaced with some modifications of the previous act of 1986.

So, in our view judicial propriety demands that no order conflicting with the order of the Hon’ble Supreme Court, be passed. Under the circumstance, let the petition of complaint be returned to the complainant along with Annexures and other documents filed by the complainant, with the liberty to re-file the same, as and when the Hon’ble Supreme Court decides the above appeal subjecting the Educational Institution or University, to the provisions of the Consumer Protection Act, 2019.

 
 
[HON'BLE MR. APURBA KUMAR GHOSH]
PRESIDENT
 
 
[HON'BLE MRS. Arundhaty Ray]
MEMBER
 
 
[HON'BLE MR. DEBANGSHU BHATTACHARJEE]
MEMBER
 

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