NCDRC

NCDRC

RP/2662/2012

SAHEED BHAGAT SINGH & 2 ORS. - Complainant(s)

Versus

ANOOP SINGH - Opp.Party(s)

MR. R.S. BADHRAN

16 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2662 OF 2012
 
(Against the Order dated 24/02/2012 in Appeal No. 1330/2010 of the State Commission Haryana)
1. SAHEED BHAGAT SINGH & 2 ORS.
Through Principal Rambir Singh Sehrawat, Kenheli Mor,
Rohtak
Haryana
...........Petitioner(s)
Versus 
1. ANOOP SINGH
S/o Sh. Bhagwan Singh, R/o Village Kenheli, Tehsil
Rohtak
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. R.S. BADHRAN
For the Respondent :NEMO

Dated : 16 Aug 2012
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER

 

 

1.      There is delay of 24 days in filing the revision petition.  For the reasons stated in the application, delay is condoned in the interest of justice.

2.      Shri Anoop Singh, complainant got his two sons, Aditya and Ajendra admitted in Shaheed Bhagat Singh Public School, Kanheli Mor, Rohtak.  The said school was run by Smt. Raj Bala, Principal and Smt.Kiran, Vice Principal.  At the time of admission, Shri Anoop Singh was informed that the said school was being run under the C.B.S.E.  The complainant deposited Rs.60,000/- i.e. Rs.30,000/- each for both the sons.  After a lapse of one year, it transpired that the respondent/petitioner had conducted the examination under the National Open Board.  The respondent also charged Rs.3500/- for registration of 9th class.  The complainant filed a complaint against the respondent before the District Forum.

3.      The District Forum dismissed the complaint.  The complainant preferred an appeal before the State Commission which allowed the complaint.            Aggrieved by this order, the School has preferred this revision petition. 

4.      We have heard the learned counsel for the petitioner.  He vehemently argued that the learned State Commission has passed the order on conjectures and surmises.  He opined that the complainant has failed to adduce any cogent and plausible evidence to support his case.  The complainant was told at the very start that the school was not affiliated to the C.B.S.E.

5.      All these arguments have left no impression upon us.

6.      The complainant has produced enough evidence before the State Commission to prove his case.  The State Commission made the following observations:-

          “Allegation of complainant was that Ops had misrepresented by putting up a Board showing affiliation of the school with CBSE, which was apparently Unfair Trade Practice, just to attract the parents and charges fees from them, despite the fact that school was not affiliated to CBSE.  The photo of board of school displayed has been placed on the file showing school to have ‘CBSE’ affiliation, which was a false representation on the part of the Ops.  Thus, Ops committed unfair trade practice.  Learned District Forum did not consider the above said aspects while dismissing the complaint of the complainant.”

                                                    [ Emphasis Supplied ]

7.      Facts are stubborn things.   Law is the backbone which keeps man erect.  The purpose of law is to prevent the strong always having their way.  The malafides on the part of the petitioners stand fully established.  In the result, we find no force in the revision petition and the same is, therefore, dismissed.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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