Procedure for appeal in state consumer forum
rashmiramanath
(Querist) 25 January 2009
This query is : Resolved
Respected counsellors/Solicitors
Please go through the following and kindly give your suggestions.
Mr.X had joined a college for a technical course beleiving on the advertisement and brochure of the respective college for a course of two semister exams.
The college did'nt give him the fee receipt also.
Later, after the I semister exams the results were witheld from DTE,for the reason that the college was not recognised and affiliated from AICTE and the brochure was of a false advertisement.Now, the II semister exams were nearing and there was no sign of issual of hall tickets for exams from college and hence the student went for appeal in the high court wherein the students came to know that the results were not declared due to the non recognition factor. and through an interim order, he was permitted for the second semister exams.
after the exams, the court proceedings continued and finally, the court declared an order directing the DTE and college to announce the results and issue the marks cards and certificates;
But, till one month as the certificates were not issued, the students issued a legal notice to the DTE and college authorities to act as per the high court orders.
In the mean time, students received appointments from reputed companies wherein the appointment letters had mentioned a joining date to submit the marks cards and certificates and join for duties.
This was in vain as the certificates were not given within that period.
Now, the students went for an appeal to district forum for compensation due to the delay in certificates issue and fraudemlant advertisements in brochures about recognition.the district forum dismissed the appeal.later, the appeal was filed in the state forum and the appeal was again dismissed stating that the exams are done by DTE and hence the DTE has to be included as opposite party.the state commission did not considered the false advertised brochures at all.
Is there any provision to appeal a new appeal in the same state forum for revision of judgement and inclusion of DTE as opposite party along wiht the college or should an appeal filed in National commission?
Please guide us at the earliest as the students have lost a carrier growth opportunity due to the deficient service and false ads from the colleg authorites and DTE.
Advance thanks for one and all for the reply
Yours faithfully
Ramanth
Sushil Kumar Bhatia
(Expert) 26 January 2009
This is perfect case for filing appeal before National commission ,You have a good case of heavy compensation for the loss of education loss of carrier .This is a pure negligence of DTE not issuiong certificate,mark sheet and result as well as not issuing hall ticket because of this student is in mental and physical agony
rashmiramanath
(Querist) 26 January 2009
dear sir
please send your opinion whether we can add the opposite party name in the new appeal .can we appeal a revision in the state commission or we have to go to National commission
thanking you
rashmi
sanjay singh thakur
(Expert) 26 January 2009
Dear Rashmiramanath
Though there is number of defect in your queries but still I being a Consumer Lawyer have solution for the same. You are supposed to file Revision u/s 21 (b) within 90 days of receiving of the order of the Hon'ble State Commission, New Delhi. In your Revision petition apart from the other pleas you are supposed to take the plea to remand back the matter back to District Forum where you can add the necessary party. Your Case can validly be allowed on the ground of unfair trade practice by the College and there are no. of citations which I will provide you when needed.
Sushil Kumar Bhatia
(Expert) 26 January 2009
Dear,
You have not given details of order of Distt.Forum and on which issue the distt.forum dissmiss the case ,secondly you should file revision or review of order of the state forum on the specific ground why the DTE had taken examination,issued hall ticket and question papers of Ist semester to the student when the said institute/college is not recognized
rashmiramanath
(Querist) 27 January 2009
respected Sushilji
The district forum had dismissed the case on the grounds that it is the DTE who conducts exams and hence college cannot be held for deficiency of services.
rashmiramanath
(Querist) 04 February 2009
Dear counsellors
can we apply an I.A.application for Review petition for the above case at the same state commission as per sec 151 of code of civil procedures
Please reply
Thanks in advance
RR
M. PIRAVI PERUMAL
(Expert) 05 February 2009
Yes you can file an application for impleading the DTE.
rashmiramanath
(Querist) 05 February 2009
Mr,perumal
Thanks for the justification
Regards
Rashmiramanath
rashmiramanath
(Querist) 07 February 2009
Respected solicitors
The state commission has dismissed the appeal stating that as the results are declared,the recognition is completed.
but, the true fact is that when the I semister exams were over,as the results were not officialy told, students were waiting,but, four students were told that they have failed in the annual exams, the fees were collected from them,hall tickets issued and they wrote the exams.
later, as the second semister exams were nearing, the hall tickets were not issued to the students of unrecognised college, the students went for high court of karnataka and by an interim order,the high court directed the college and DTE to issued hall tickets and permit them for exams.
later, the court in the final order directed the dte to declare results and issue marks cards immediately.now also,for one month, no action was taken,a legal notice was issued and then only certificates were issued.now,tell us whether this is deficiency in college or DTE.
The consumer forum is telling that as the exams are done by DTE it is the fault of dte.
but, The students are of the opinion that as the college had declared in the brochure that it is recognised and affiliated, this is a unfair trade practice and false advertisement.
please guide us what should be the proper stand from legal corner,
we have filed a miscellaneous petition in the same state commission for reviewal of its orders.
now,some people are telling that state commission is not empowered to review its orders.
will it be considered or whether we will be permitted to move to National commission if the Misc.petition is dismissed.
Please give your opinion for the good cause of students and educational sector.
Thanks and regards
Rashmi Ramanath
rashmiramanath
(Querist) 12 February 2009
Respected experts/senior advocates
The Misc.appeal in the same state commission against the earlier order for reviewal has been dismissed on the grounds that the state commission doe not have any powers as per CPA acts and rules to review the orders of the same commission.hence, the dismissal.
please guide us at the earliest
thanking one and all
Rashmi
ARVIND JAIN
(Expert) 12 February 2009
GO TO NATIONAL COMMISSION AGAINST THE ORDER.
rashmiramanath
(Querist) 28 March 2009
An appeal has been filed in NCDRC
hence we are waiting for the date of hearing.
what is the approx date within which the hearing is called upon.
can you please clarify whethe there is limited time period for calling or not
Regards
Rashmi
B.B.R.Goud.
(Expert) 29 March 2009
This is right time for filing appeal before National commission ,You have a good case of heavy compensation for the loss of education and loss of carrier .
This is an ultimate gross negligence of DTE - not issuiong certificate,mark sheet and result as well as not issuing hall ticket by which the student is in mental and physical agony.
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
