Case nº Revision Petition No. 2583 of 2013 of National Consumer Disputes Redressal Commission, August 11, 2014 (case M.K. Gupta Vs Green Field Public School)

JudgeFor Appellant: Rajeev Nanda, Advocate and For Respondents: Puneet Agrawal and Amit Bansal, Advocates
PresidentK.S. Chaudhari, J. (Presiding Member) and Vinay Kumar, Member
Resolution DateAugust 11, 2014
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

K.S. Chaudhari, J. (Presiding Member)

  1. This revision petition has been filed by the petitioner against the order dated 09.04.2013 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 329 of 2012 - Green Field Public School Vs. M.K. Gupta by which, while allowing appeal, order of District Forum allowing complaint was dismissed.

  2. Brief facts of the case are that complainant/petitioner got his son Aman Gupta admitted with OP No. 1/Respondent No. 1. Aman Gupta appeared in All India Secondary Examination in 2008 with Roll No. 5233032. After examination, he received certificate with a photograph of one girl in place of photograph of Aman Gupta. Complainant complained OP No. 1 for correction of certificate from OP No. 3/Respondent No. 2. OP No. 1 asked complainant to deposit Rs.15,000/- as expenses for this work. Complainant visited office of OP NO. 3 for correction in the certificate, but his request was not acceded. Alleging deficiency on the part of OPs, complainant filed complaint before District Forum. OP No. 1 resisted complaint and submitted that original certificate given by complainant was forwarded along with complaint to Board for correction of certificate. Board issued second certificate, but without scanning the photograph of Aman Gupta and prayed for dismissal of complaint. OP No. 3 resisted complaint and submitted that District Forum, Delhi has no jurisdiction and complaint is time barred and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP No. 1 to get Secondary School Examination certificate from the Board with photograph of Aman Gupta by his own efforts and awarded Rs.25,000/- as compensation and Rs.2,000/- as litigation expenses. Appeal filed by OP No. 1 was allowed by learned State Commission vide impugned order against which, this revision petition has been filed.

  3. Heard learned Counsel for the parties finally at admissions stage and perused record.

  4. During the course of arguments, learned Counsel for the Respondent No. 2 handed over fresh certificate to Counsel for the petitioner with photograph of Aman Gupta and certificate was...

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