Central Academy Educational Society Ajmer VS Jain Construction Company

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUBHASH CHANDRA
Central Academy Educational Society Ajmer – Appellant
Versus
Jain Construction Company – Respondent

Counsel for the Parties:
For the Appellant:Mr. Avnish Dave and Mr. Aadhar Saha, Advocates
For the Respondent:Mr. Kushagrh Goyal, Advocate

ORDER

Subhash Chandra, Presiding Member—The present Appeal challenges the order dated 29.09.2014 passed by the State Consumer Disputes Redressal Commission, Bench No.1., Rajasthan, Jaipur (for short, “the State Commission”) in Complaint No.14 of 2009 filed by the Appellant. The State Commission dismissed the Complaint on the ground that the Appellant Institution works for commercial purposes and therefore, the Complainant does not come within the classification of “Consumer” under the provisions of the Consumer Protection Act, 1986 (for short, the “Act”).

2. In brief, the facts of the case are that the Appellant, who is an educational institution, filed the Complaint before the State Commission and stated that on 12.02.2004 it had entered into a contract with the Respondent for the construction work of its school building. Appellant had paid Rs.10 Lakhs to the Respondent prior to commencement of the work. It was alleged that the Respondent did not carry out the work according to the agreement on account of which the Appellant had to suffer loss of Rs.28 Lakhs towards fees as it could not commence classes and the work of the building constructed by the Respondent was also of inferio

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