Jharkhand

StateCommission

A/166/2014

Pramod Kumar, Director, M/s Buds Garden Education Society ( Buds Garden School ) - Complainant(s)

Versus

The Managing Director, M/s Next Education India Pvt. Ltd. - Opp.Party(s)

M/s Naresh Pd. Thakur & Suraj Deo Munda

20 Mar 2015

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
First Appeal No. A/166/2014
(Arisen out of Order Dated 15/10/2014 in Case No. CC/98/2014 of District Dhanbad)
 
1. Pramod Kumar, Director, M/s Buds Garden Education Society ( Buds Garden School )
Daludih, P.O. & P.S.- Rajgang
Dhanbad
Jharkhand
...........Appellant(s)
Versus
1. The Managing Director, M/s Next Education India Pvt. Ltd.
Plot No. 89, Municipal 8-2-120/76, 1st Floor, Road No. 2, Banjara Hills, Hydrabad
2. Amit Mukherjee ( Agent ), m/s next Education India Pvt. Ltd.
bank More, P.O. & P.S.- Dhanbad
Dhanbad
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MR. Ajit Kumar MEMBER
 
For the Appellant:
For the Respondent:
ORDER

 Nobody appears on behalf of the appellant, inspite of fixing this case for passing ex parte order.

 2.       This appeal has been filed without any petition for condoning the delay of about four days for filing this appeal.

 3.     Perused the memo of appeal.  The learned District Forum dismissed the Complaint on the ground that the Complainant is a director of a school which is commercial in nature and therefore the case was not maintainable in Consumer Forum.

 4.    According to the Complainant he is running an Educational Institution in the name of ‘Buds Garden School’. He entered into an agreement with the O.Ps. / Respondents for supply the Computer and Education System for the school.  He paid certain amounts.  But the system installed started giving trouble after 12 months.  Despite several requests the Opposite Party kept mum compelling him to stop further payment and a legal notice was sent to the O.Ps.  The Complainant claimed Rs. 10, 00,000/- for loss and damage of reputation, Rs. 10, 00,000/- for mental agony and Rs. 10,000/- as litigation expenses.

5.      After going through the brief, we find that admittedly the Complainant is running a school, which is a commercial activity, for which he entered into agreement to supply computer and Education System, about which certain disputes are being raised by the Complainant.

        Even if the delay of about four days in filing this appeal is ignored, we find no merit in this appeal.

           The Appellant is at liberty to persue his remedy, if available to him under the law, before appropriate court.

          With this observation, this appeal is dismissed.

          Issue free copy of this order to all concerned for information and needful.

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT
 
[HON'BLE MR. Ajit Kumar]
MEMBER

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