Karnataka

Bangalore 1st & Rural Additional

CC/2/2023

New Holy Saint School, - Complainant(s)

Versus

M/s Edusmart Services Pvt.Ltd - Opp.Party(s)

13 Feb 2023

ORDER

BEFORE THE BENGALURU RURAL AND URBAN I ADDITIONAL
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, I FLOOR, BMTC, B BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHI NAGAR, BENGALURU-27
 
Complaint Case No. CC/2/2023
( Date of Filing : 03 Jan 2023 )
 
1. New Holy Saint School,
Reptd., By its Secretary, Mr. M.M. Akbar Baig, S/o Late Abdul Gaffar Baig. M, Aged about 65 years, 46/A, 9th Main, Vijayanagar, II Stage, Bengaluru-560040, Ph:9341363028
...........Complainant(s)
Versus
1. M/s Edusmart Services Pvt.Ltd
Having its registered Office at: No.74, Mahipalpur Extension, New Delhi 110037, through its authorized representative Mr. Pramod Thatoi.
2. . M/s Educomp Solutions Ltd
., Having its office at:1211, Padma Tower-1, 5, Rajendra Palace, New Delhi-110008, By its Senior Manager Legal, Mr.Nithish Kumar.
3. . Sri. Bimal
M/s Educomp Solutions Ltd., Having its office at:1211, Padma Tower-1, 5, Rajendra Palace, New Delhi-110008.
4. Miss. Vibha
, Executive, M/s Educomp Solutions Ltd., Having its office at:1211, Padma Tower-1, 5, Rajendra Palace, New Delhi-110008
5. Ramakrishna,
M/s Edusmart Services Pvt.Ltd., Having its registered Office at: No.74, Mahipalpur Extension, New Delhi 110037.
6. Mr. Ravi, Finance,
M/s Edusmart Services Pvt.Ltd., Having its registered Office at: No.74, Mahipalpur Extension, New Delhi 110037,
7. Mr. Rajesh, , Cashier,
M/s Edusmart Services Pvt.Ltd., Having its registered Office at: No.74, Mahipalpur Extension, New Delhi 110037.
8. . Mr. Abdul Mujeeb,
Area Manager, M/s Educomp Solutions Ltd., Having its office at:1211, Padma Tower-1, 5, Rajendra Palace, New Delhi-110008.
9. . Mr. Manohar
M/s Educomp Solutions Ltd., Having its office at:1211, Padma Tower-1, 5, Rajendra Palace, New Delhi-110008
10. . Mrs. Rashmi,
M/s Educomp Solutions Ltd., Having its office at:1211, Padma Tower-1, 5, Rajendra Palace, New Delhi-110008
11. Mr. Srikanth
M/s Educomp Solutions Ltd., Having its office at:1211, Padma Tower-1, 5, Rajendra Palace, New Delhi-110008.
12. Sri. T.N. Hegde
M/s Educomp Solutions Ltd., Having its office at:1211, Padma Tower-1, 5, Rajendra Palace, New Delhi-110008.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri. B. Narayanappa ., M.A. L.L.B PRESIDENT
 HON'BLE MRS. Sharavathi S.M.,B.A. L.L.B MEMBER
 
PRESENT:
 
Dated : 13 Feb 2023
Final Order / Judgement

ORDERS ON MAINTAINABILITY

           Complainant called absent. No representation on behalf of the complainant. We have perused the complaint averments, wherein, it is alleged that, complainant is running a school namely New Holy Sait School since 1982 at Vijayanagar 2nd stage, Bangalore.

 

On 30.05.2011, the OP No.3 and 4 approached the complainant along with OP No.1 and 2 and explained/ demonstrated concept of smart system by programming  class wise lessons to provide better education to the students  and to provide best education to the students by adopting modern technology i.e. Smart class boards by installing the same and entered into agreement with complainant on 29.06.2011 to provide aforementioned facility to the complainant school and received Rs.40,000/- from the complainant. But OPs did not keep up their promise and did not provide such facilities offered by them as per the agreement.  Inspite of letter sent by the complainant to OP 10.10.2012.  Therefore, it is alleged deficiency of service on the part of OP. Hence this complaint is filed by the complainant seeking necessary reliefs.  Complainant has produced unregistered agreement entered between the complainant and OPs dated 29.06.2011 but the complainant has come with the present complaint after lapse of 12 years from the date of agreement. As per the CP Act the complainant should have filed the complaint within two years from the date of arising the cause of action. But the complainant has filed the complaint beyond the statutory period of two years from the date of cause of action arose. Hence, it is crystal clear that the complaint is filed beyond the period of limitation and not within the period of limitation. Therefore, the preset complaint is not maintainable. Hence we pass the following:

ORDER

         The complaint of the complainant is dismissed. Since the same is not maintainable and the same is filed beyond the period of limitation

 

 

MEMBER                     PRESIDENT   

     

                      

 
 
[HON'BLE MR. Sri. B. Narayanappa ., M.A. L.L.B]
PRESIDENT
 
 
[HON'BLE MRS. Sharavathi S.M.,B.A. L.L.B]
MEMBER
 

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