State Consumer Disputes Redressal Commission
Gopal Singh vs Prem Lata on 26 April, 2012
BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SOLAN, H
H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA CAMP AT MANDI.
First
Appeal No: 03/2007
Date
of Decision: 26.04.2012
Gopal
Singh S/O Shri Om Parkash,
Resident
of Village Lamber, Post Office Kamlah Fort,
Tehsil
Sarkaghat, District Mandi, H.P.
Appellant
Versus
Prem Lata D/O Shri Shiv Pal,
Resident of Village & Post Office Kamlah Fort,
Tehsil Sarkaghat, District Mandi, H.P.
Respondent
Coram
Honble
Mr. Justice Surjit Singh, President
Honble
Mrs. Prem Chauhan, Member.
Whether
approved for reporting?[1]
For the
Appellant: Mr. Amar Singh Chandel, Advocate
For the
Respondent: Mr. Bhupinder Singh,
Advocate.
O R D E R:
Justice Surjit Singh, President (Oral) During the course of hearing of the appeal, it has been pointed out that respondent/opposite party, which has been ordered to pay damages for allegedly duping the respondent/complainant, in making her believe that she would be imparted training in Nursery Teachers Education and given a diploma, had been making admission of desirous candidates to a course different from Nursery Teachers Educational course as per permission and authorization of another registered body, i.e. All India Information Technology Institute of Teachers Training Education and Research, Hamirpur, whose chairman is one Deepak Sharma. A copy of an order passed by the learned District Consumer Disputes Redressal Forum, Mandi, in another complaint has been submitted. Copy of the order shows that the dispute raised in that complaint was similar to the one raised herein and in that case Deepak Sharma, Chairman of All India Information Technology Institute of Teachers Training Education and Research, Hamirpur, had been impleaded as party.
2. Learned counsel for the appellant submits that in this case also, said Deepak Sharma, is a necessary party because it was on his representation that the present appellant had been imparting training and that the fees so collected from the candidates was also being paid to him. Also, it is stated by the learned counsel for the appellant that with a view to avoiding variation in orders regarding liability of the parties, for similar complaint of alleged duping, it is desirable that said Deepak Sharma is made party. Copy of the order submitted to us is ordered to be taken on record.
3. In view of the above submission, we accept the present appeal, set aside the impugned order and remand the case to the learned District Consumer Disputes Redressal Forum, Mandi, with a direction to decide the same afresh after affording an opportunity to the complainant to implead Deepak Sharma, aforesaid as opposite party and then permitting said Deepak Sharma to file reply and lead evidence. Amount of money, which has been deposited with this Commission, be remitted to the learned District Consumer Disputes Redressal Forum, Mandi, with a direction to get the same invested in a scheduled bank, till the final disposal of the complaint.
4. Parties are directed to appear before learned District Consumer Disputes Redressal Forum, Mandi, on 25th May, 2012.
5. One copy of this order be sent to each of the parties, free of cost, as per Rules.
(Justice Surjit Singh) President (Prem Chauhan) Member April 26, 2012.
N Mehta) [1] Whether reporters of the local papers may be allowed to see the order?