West Bengal

Jalpaiguri

CC/17/2019

Sri Sushil Kumar Agarwal, - Complainant(s)

Versus

The Principal, Don Bosco School, - Opp.Party(s)

23 Sep 2022

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/17/2019
( Date of Filing : 28 May 2019 )
 
1. Sri Sushil Kumar Agarwal,
S/O Late Mahabir Prasad Agarwal, Residing at L.M.Road, P.S. and P.O. Gangtok, Dist.- Sikkim, PIN.- 737101.
...........Complainant(s)
Versus
1. The Principal, Don Bosco School,
Ward no. 41 under Siliguri Municipal Corporation, P.O.- Salugar, P.S.- Bhaktinagar, Dist.- Jalpaiguri, PIN- 734008.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KUNDAN KUMAR KUMAI PRESIDENT
 HON'BLE MRS. Arundhaty Ray MEMBER
 HON'BLE MR. DEBANGSHU BHATTACHARJEE MEMBER
 
PRESENT:
 
Dated : 23 Sep 2022
Final Order / Judgement

Today is fixed for delivery of final order. Complainant files hazirah through Ld. Advocate.

At the time of writing the Final Order, it is found that this is a case against an Educational Institution.

Hence, when 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 Institution or University would be subject to the provisions of Consumer Protection Act, 1986, 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, 1986.

 

 
 
[HON'BLE MR. KUNDAN KUMAR KUMAI]
PRESIDENT
 
 
[HON'BLE MRS. Arundhaty Ray]
MEMBER
 
 
[HON'BLE MR. DEBANGSHU BHATTACHARJEE]
MEMBER
 

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