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2005 Supreme(Del) 630

VUENDER JAIN, VIJENDER JAIN, J.P.SINGH
JAWAHARLAL NEHRU UNIVERSITY – Appellant
Versus
SHISHIR KANDIR, CONSUMERS DISPUTES – Respondent


Advocates Appeared:
S.C.DHANDA

Vijender Jain,j.

( 1 ) NO body is present on behalf of the respondent. Counsel for the petitioner has contended that Jawaharlal Nehru University is not a commercial shop and will not be amenable to the jurisdiction of the Consumer Protection Act. Even otherwise, the District Consumer Disputes Redressal Commission is bound by the decision rendered by the National Commission. Learned counsel has placed reliance on the case of Registrar University of Bombay v. Mumbai Grahak Panchayat bombay 1994 (1) CPJ 146 (NC) and Joint Secretary Gujarat Secondary Education board v. Bharat Narottam Thakkar 1994 (1) CPJ 187 (NC) that the university while valuating the answer books of a candidate who has appeared for the examination or conducting any examination is not performing a service which had been hired or availed of for consideration and that no consumer dispute can, therefore, be said to have arisen, if the revaluation has not been done properly. In the instant case it has been contended that as the respondent was not up to mark, he could not have been given admission to the course, however, in view of the writ petition filed by the respondent being C. W. No. 2496/93 and C. M. 4935/93, in whi



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