RITA KUMARI filed a consumer case on 21 Oct 2016 against TARUN SHARMA in the East Delhi Consumer Court. The case no is CC/354/2015 and the judgment uploaded on 09 Mar 2017.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. 354 / 2015
Date of Institution 16/05/2015
Order Reserved on 21/10/2016
Date of Order 24/10/2016
In matter of
Mrs. Rita Kumari, adult
w/o-Sh Prabhu Prasad
R/o Village siuramiya
PO- Gidha Pokhariya
Distt. Muzaffarpur Bihar.……………….……..…………….Complainant
Vs
Mr Tarun Kumar
DIMT
D1, St no. 9,
Main Road Brahmpuri, Delhi 110053……………………Opponent
Complainant……………………………………In Person
Opponent ……....……………………………..Ex Parte
Quorum Sh Sukhdev Singh President
Dr P N Tiwari Member
Mrs Harpreet Kaur Member
Order by Dr P N Tiwari Member
Brief Facts of the case
Complainant send a demand draft of a sum of Rs 30,000/- vide DD no. 745270 dated 02/03/2011 in the account of OP for getting herself enrolled for ANM training from Muzaffarpur, Bihar. Even after two years, she did not get any reply, so approached OP office but, did not get any satisfactory reply. She had sent a legal notice to OP but, did not get any reply, so filed this complaint claiming issuing of ANM degree with compensation of Rs 50,000/-for harassment with Rs 15,000/ as litigation charges.
Notice was served but none put appearance from Op nor filed written statement or evidences. Despite of giving opportunities, none appeared from OP, so case proceeded Ex Parte. Evidences on affidavit were filed by complainant as DD of Rs 30,000/- issued from Muzaffarpur vide speed post acknowledgment zerox, saving bank account detail showing withdrawal of Rs 30,000/- from her SBI account at Bihar, one receipt of OP having its branch office at Muzaffarpur, for getting course of ANM and her ID zerox.
Arguments were heard and order was reserved.
On going through all the facts and evidences submitted by complainant, it was clear that she had sent a DD for getting herself enrolled for ANM with OP institute on 02/05/2011. She had sent a legal notice on 09/01/2013 to OP and filed this complaint on 16/05/2015. Though the case was Ex Parte but the complaint was filed much beyond the limitation period. Also, no condonation delay application was filed by complainant.
There is no merit in this case. So, we are of the opinion that the case be dismissed, so dismissed on the ground of limitation as Time barred.
The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.
Mrs Harpreet Kaur (Dr) P N Tiwari
Member Member
Shri Sukhdev Singh
President
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