West Bengal

Jalpaiguri

CC/42/2021

Smt. Sumana Baidya - Complainant(s)

Versus

The Principal ,Siliguri B. Ed College , - Opp.Party(s)

Ujjal Chakraborty

02 Dec 2022

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/42/2021
( Date of Filing : 16 Dec 2021 )
 
1. Smt. Sumana Baidya
D/O. Sri Suresh Baidya ,R/O Village Uttar Vivekananda Pally ,P.S. Jalpaiguri Kotwali ,P.O. Vivekanda Pally ,Dist. Jalpaiguri ,PIN Code 735121
Jalpaiguri
west bengal
...........Complainant(s)
Versus
1. The Principal ,Siliguri B. Ed College ,
At Shiv Mandir Road ,Near 18 Khai Mandir ,P.S. Matigara ,P.O. Kadamtala ,Dist. Darjeeling ,PIN 734011
Darjeeling
west bengal
2. The Chairman ,University Grant Commission
Bahadurshah Zafar Marg,P.S. Nr Police Station , Darya Ganj, P.O. A.G.C.R. Central Delhi , Dist. Central Delhi , New Delhi,PIN 110002
New Delhi
3. The Registrar , North Bengal University
Raja Rammohanpur , P.S. Matigara, P.O. Bagdogra ,Dist. Darjeeling , PIN 734014
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:Ujjal Chakraborty, Advocate for the Complainant 1
 
Dated : 02 Dec 2022
Final Order / Judgement

Complainant is present through his Ld. Advocate and also files reply to the questioners. After hearing the submissions of the Ld. Advocate it transpires that this is a case                                                                                                                                                                                                                                                                                                                                                       

filed by the complainant against some Educational Institutions namely The Principal, Siliguri B.Ed College, The Chairman U.G.C and The Registrar North Bengal University. 

            Hence, in view of the order passed by 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. The Consumer Protection Act, 2019, has been enforced from 20.07.2020 by repelling the 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 Institutions or University, to the provisions of the Consumer Protection Act.

 

 

 

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

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