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Deepak Arya (Officer)     21 November 2010

Consumer Case Appeal Supreme Court

I filed a Consumer case in NCDRC with claims above 1 Crore with very strong legal facts. Court orally stated that people are coming even agaisnt so reputed institutions and NCDRC ordered "Heard the Complainant, there is no Consumer Dispute".

I filed a Review Petition to know the reasons as to how there is no consumer dispute. Court Ordered "DISMISSED"

I filed a civil appeal against the Order in Supreme Court. Supreme Court Ordered "Dismissed". I quoted the JUDGMENT of Justice G S Singhvi bench dated 8th September 2010 showing that such order is nullity in law. I also showed that Supreme Court has earlier remanded matters back to NCDRC to state reasons as to how there is no consumer dispute.

In my case, Court did not receive or read any document and just Ordered "DISMISSED"

What to do now?



Learning

 3 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     21 November 2010

Dear Querist,

 

If you wish to know "whats's next?", then the answer is you may draft & file a review petition not just as a matter of routine, but only when & if you have some info/document which was there before passing the Order of dismissal on SLP or you were prevented from brining on record such docs which has material bearing on SLP/Review petition. Secondly, you may also keep in mind the Hon'ble Supreme Court would entertain the said petition by circulation only. Then thereafter, you may also choose for Curative Petition provided a designated Sr. Adv. issues you a fitness certificate.

 

As regards merits of the case, the detail facts since not disclosed in the forum. Hence, proper advice can not be given.

Deepak Arya (Officer)     22 November 2010

Sir,

My sincere thanks for the advice. Case Merits are:

An institution which is neither a University nor a deemed university lures professionals from across country for doing MBA claiming that all its graduates received jobs @ + Million rupees. I am selected from a large pool of professionals.

Institute has no examination or evaluation policy and conducts exams if the concerned teacher is willing. However, if a teacher conducts exam the pass-fail criteria is decided by institute and its staff. "The minimum pass fail criteria do not exist and also the result of examination is not declared  AS A FIXED RULE".

The institute after 1 year asked me to leave for having failed in an examination. I asked for the result but institute declined. I asked for the passing marks and institute quoted there is no criteria.

After 2 years of fighting, I came to know that institute actually passed students with just 1/3rd marks as me and also students with ditto same marks as me in the failed paper.

On these grounds, I filed the consumer case showing the leading & landmark judgment of Justice M Katju in Bihar School Examination Board showing that institute has no statutory function like examination, results etc. in its MoA but is formed with only one pure repeated & insisted objective i.e."to select exceptional & most meritorious professionals for training for careers leading to managerial responsibility"

The Institute charged me Rs. 9 Lakhs for the programme and so in u/s 2(d) I am a Consumer.

All Courts have merely passed the Order as "DISMISSED" till now. So much so, that Son of a Judge handling the case got admission in the Institute last year and one prominent media channel desperately covered me for the story but didn't telecast it later. 

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     22 November 2010

Dear Querist,

 

Except last but one para, contents of the list of events in your present query would apparently suggest that its a fit case for you to have invoked writ jurisdiction of HC.

 

As regards whether or not your case should have been entertained as consumer case based on "The Institute charged me Rs. 9 Lakhs for the programme and so in u/s 2(d) I am a Consumer", may not be possible give an appropriate opinion since facts in that line is not clear.


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