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Judgment
This revision petition has been filed by the petitioner against the order dated 18.08.2015 passed by the Bihar State Consumer Disputes Redressal Commission, Patna (in short, ''the State Commission'') in Appeal No. 536 of 2010 - Mr. Amar Bhushan Prakash Vs. Principal Jakir Hussain by which, appeal was dismissed.
Brief facts of the case are that Complainant/petitioner obtained admission for B.Ed. course in OP/respondent''s college in the year 1997-98 and deposited Rs.1,25,000/-, but he was not allowed to appear in B.Ed. examination conducted by University and amount so deposited was also not refunded to him. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint, denied receipt of Rs. 1,25,000/- and further submitted that complaint was barred by limitation and District Forum had no jurisdiction to entertain complaint and complainant does not fall within purview of consumer and prayed for dismissal of complaint. Learned District Forum after hearing parties dismissed complaint. Appeal filed by complainant was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.
Heard learned Counsel for the petitioner at admission stage and perused record.
As there is delay of only 14 days in filing revision petition, delay stands condoned for the reasons mentioned in the application.
Learned Counsel for petitioner submitted that inspite of complaint filed in limitation and proof of paying capitation fee by affidavit, learned State Commission committed error in dismissing appeal; hence, revision petition be admitted.
As per memo of revision petition, complainant obtained admission in the year 1998 and filled form for examination in the year 2000 and was not allowed to appear in the examination and complaint has been filed on 26.8.2009 whereas complaint was required to be filed within 2 years from the date of deficiency. Learned State Commission rightly observed that complainant has not produced any receipt for depositing Rs.1,25,000/- as capitation fee. Only on the basis of affidavit, it does not stand proved that complainant deposited Rs.1,25,000/- as capitation fee with OP.
I do not find any illegality, irregularity or jurisdictional error in the impugned order and revision petition is liable to be dismissed in limine.
Consequently, revision petition filed by the petitioner is dismissed in limine at admission stage.