Rajasthan

StateCommission

A/770/2017

Sukhdev Prasad Joshi s/o Pursotam Joshi - Complainant(s)

Versus

Jagan Institute of Management Studies - Opp.Party(s)

Shiv Vyas

22 Mar 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 770 /2017

 

Sukhdev Prasad Joshi s/o Purshotam Joshi r/o Prithvirajji ka Thada, New Brahampuri colony, Merta city District Nagaur.

Vs.

Jagan Institute of Management Studies, IP 2-3 Phase IV Sitapura Industrial Area, Jaipur through Director & ors.

 

Date of Order 22.3.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Shiv Vyas counsel for the appellant

Mr.Puneet Sharma counsel for the respondents

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

2

 

This appeal is filed against the order passed by the District Forum, Jaipur 4^th dated 29.5.2017 whereby the complaint is dismissed on the ground that respondent is an educational institute and Consumer Forum has no jurisdiction to entertain the complaint against them.

 

The contention of the appellant is that respondent is a private institute not working under any statutory authority hence, consumer complaint is maintainable.

 

The contention of the respondent is that order has rightly been passed. No interference is needed.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

There is no dispute about the fact that the respondent is a private institute not established under any statute. Hence, in view of the judgment passed by this Commission in First Appeal No.1091/2017 Sidhi Vinayak Group of College Vs.

 

 

3

 

Rajendra Prasad decided on 3.11.2017 the Consumer Forum have jurisdiction.

 

The appellant has relied upon the judgment passed by the National Commission in Revision Petition No. 3169/2015 Principal Sri Chaitanya Educational Institution Vs. Govind Prasad Rath decided on 7.1.2016.

 

Per contra the respondent has relied upon III (2015) CPJ 112 (NC) FIITJEE Ltd. Vs. S.Balavignesh and judgment passed by this Commission in First Appeal No. 1000/2016 Ashutosh Agarwal Vs. Director S.M.Nimawat Public School which relates to the merit of the case.

 

In view of the fact that respondent is not working under any statutory authority and services were allowed for payment, he is service provider and appellant falls under the category of consumer.

 

In view of the above the appeal is allowed and the order of the Forum below dated 29.5.2017 is set aside. The matter is remanded back to the concerned District Forum to decide the

4

 

matter on merit after giving opportunity of hearing to both the parties. Parties are directed to appear before the Forum below on 30.4.2018.

(Nisha Gupta) President

nm