West Bengal

Jalpaiguri

CC/18/2021

Sri Gairik Misra - Complainant(s)

Versus

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

Ujjal Chakraborty

20 Sep 2022

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/18/2021
( Date of Filing : 04 Mar 2021 )
 
1. Sri Gairik Misra
S/o Sri. Debjoy Misra Resident of Bazrapara P.S Kotwali P.O. and District Jalpaiguri PIN 735101
Jalpaiguri
West Begal
...........Complainant(s)
Versus
1. The Principal,Narayana School
Narayana School at Jatiakali, Near Chiriya More P.O. Fulbari P.S. Bhaktinagar District Jalpaiguri PIN 735210
Jalpaiguri
West Bengal
2. The Dean Narayana School
near sona petrol pump Sevoke Road Siliguri P.O. Salugara P.S. Bhaktinagar District Jalpaiguri PIN 734015
Jalpaiguri
3. Ramanarayana Education Trust
At 10th Floor Melange Towers Sy No. 80 to 84 Patrika Nagar Madhapur Hyderabad Telengana PIN 500081
4. Bethany Mission School
At P.O. Ruphar Raiganj Uttar Dinajpur West Bengal PIN 733123
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KUNDAN KUMAR KUMAI PRESIDENT
 HON'BLE MRS. Arundhaty Ray MEMBER
 HON'BLE MR. DEBANGSHU BHATTACHARJEE MEMBER
 
PRESENT:Ujjal Chakraborty, Advocate for the Complainant 1
 
Dated : 20 Sep 2022
Final Order / Judgement

Complainant is present through his Ld. Advocate. Ld. Advocate for the Proforma O.P. No. 4 is also present.

After hearing the submissions of the Ld. Advocates it transpires that this is a case filed by the complainant against an Educational Institution.

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.

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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