Excelsior Correspondent
JAMMU, Sept 30: Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Dhiraj Singh Thakur has dismissed the appeal filed by the Principal, Presentation Convent Senior Secondary School,Gandhi Nagar with costs of Rs 20,000 to be paid to the respondent within a period of two weeks.
The basic issue between the Presentation Convent Senior Secondary School and respondent Anandita Jandyal Mehta, daughter of Sudershan Mehta of Kachi Chowni pertains to denial of allocation of particular stream in Class 11th to the respondent, which compelled her to forgo her ambition of pursuing career in medical profession.
The Presentation Convent School had moved an appeal before the DB against the order dated April 27, 2018 passed by the Consumer Disputes Redressal Commission whereby delay in filing of complaint by the respondent was condoned.
After hearing counsels of both the sides, DB headed by Chief Justice observed, “it cannot be contended or held that the complaint before the State Commission as filed on or before November 8, 2016 in respect of such cause of action is barred by statutory period of limitation as prescribed under Section 18-A of the J&K Consumer Protection Act, 1987”.
Accordingly, DB dismissed the appeal finding no merit in it with costs of Rs 20,000 to be paid to the respondent by the Presentation Convent School within a period of two weeks.
“As far as the contest on the merits of the cases of the parties is concerned, the State Commission would give an opportunity to them to place their objections on the merits of the case of the respondent on record, if the same has not been already filed”, the DB said.
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