West Bengal

Jalpaiguri

CC/50/2019

Sri Narayan Chandra Das, - Complainant(s)

Versus

The Principal, Narayana Schools, - Opp.Party(s)

Amrita Roy.

13 Sep 2022

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/50/2019
( Date of Filing : 13 Dec 2019 )
 
1. Sri Narayan Chandra Das,
Son of Gour Gopal Das, Resident of Lake Town, Ward no. 33 of S.M.C., P.O.-Bhaktinagar, P.S.- New Jalpaiguri, Dist.- Jalpaiguri Represented by attorney Sri Prashanta Roy Chowdhury, S/O Bijan Krishna Roy Chowdhury, Ram Thakur Mandir Road, New Milan Pally, Ward no. 25 of S.M.C.,P.O.Siliguri Bazaar,
P.S.- Siliguri, Dist. Darjeeling.
...........Complainant(s)
Versus
1. The Principal, Narayana Schools,
Fulbari, P.O. Satellite Township, P.S.- New Jalpaiguri, Dist.- Jalpaiguri, Dist.- Jalpaiguri, PIN-734015.
............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 : 13 Sep 2022
Final Order / Judgement

None appears today. The complainant has not filed any show-cause, as such the case is taken up for disposal on merits.

It transpires that the complainant is seeking relief against an Educational Institution under the provisions of the Consumer Protection Act. But it is found that the Hon’ble Supreme Court in Civil Appeal Diary Nos. 12901/22 (Arising out the impugned Final Judgement an 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.

In view of the above position, 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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