STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Date of Institution : 22.02.2023 Date of Decision : 22.05.2023

1. C.L. Kochhar, Director/Chairman of Nobel School, Village Bhathe, Kishangarh Road, Kartarpur, District Jalandhar.

2. Sh. Shiv Kumar Kochhar, Director of Nobel School, Village Bhathe, Kishangarh Road, Kartarpur, District Jalandhar.

3. Ms. Amita Sharma, Principal, Nobel School, Village Bhathe, Kishangarh Road, Kartarpur, District Jalandhar.

…..Petitioners/Opposite Parties Versus Gurpreet Kaur W/o Sh. Gurpreet Singh, House No.1767, Chandan Nagar, Kartarpur, District Jalandhar.

…..Respondent/Complainant Revision Petition under Section 47(1)(b) of Consumer Protection Act, 2019 for setting aside the order dated 22.08.2022 passed by the District Consumer Disputes Redressal Commission, Jalandhar.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Present:-

For the petitioners :Sh. Jasdeep Singh, Advocate For the respondent :Sh. J.S. Thakur, Advocate

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No JUSTICE DAYA CHAUDHARY, PRESIDENT:-

M.A. No.386 of 2023 (Delay)

This application has been filed by the applicants for condonation of delay of 94 in filing of the revision petition alongwith supporting affidavit.

2. For the reasons recorded in the application and in the interest of justice, the delay of 94 days is condoned subject to payment of costs of Rs.5000/-. Out of which, an amount of Rs.2500/- be paid to the respondent/complainant and the remaining amount of Rs.2500/- be deposited by the applicants in the Consumer Legal Aid Account of this Commission within a period of 7 days from the date of receipt of copy of the order.

Main Case

3. The present revision petition has been filed by the petitioners/OPs under Section 47(1)(b) of the Consumer Protection Act, 2019 (in short the “Act”) to challenge the impugned order dated 22.08.2022, whereby the petitioners were proceeded exparte, passed by the District Consumer Disputes Redressal Commission, Jalandhar (hereinafter referred as the “District Commission”).

4. Briefly, the facts of the case which are necessary for disposal of present revision petition are that the respondent/complainant filed a consumer complaint before the District Commission stating therein that the petitioners/OPs had failed to give admission to the son of the complainant in Class I for the session starting from April, 2022.

5. Said complaint came up for hearing before the District Commission on 13.07.2022 and it was adjourned to 18.07.2022 for preliminary hearing. On 18.07.2022, the complaint was adjourned on the request made by the respondent/complainant for 21.07.2022 for preliminary hearing. Thereafter, on 21.07.2022 again the request was made by the respondent/complainant and complaint was adjourned to 26.07.2022 for preliminary hearing. On 26.07.2022 the notices were issued to the petitioners/OPs for 22.08.2022 and petitioners were proceeded against exparte on that day i.e. 22.08.2022. The case was adjourned to 16.09.2022 for exparte arguments. On 16.09.2022, the petitioners/OPs approached the District Commission by moving an application for joining the proceedings but the request was rejected but he was only allowed to argue the case without filing any written statement and evidence as mentioned in the order dated 16.09.2022. Both the orders dated 22.08.2022 and 16.09.2022 are subject matter of challenge in the present revision petition.

6. Mr. Jasdeep Singh Advocate, learned counsel representing the petitioners has submitted that the complaint came up for hearing initially for three dates and it was adjourned only on the request of the complainant i.e. on 18.07.2022, 21.07.2022 and 26.07.2022. Learned counsel further submits that the notices were issued to the petitioners/OPs on 28.07.2022 for 22.08.2022. On