PRINCIPAL LA MARTINIERE COLLEGE (BOYS) LUCKNOW Vs. ABHISHEK BHATNAGAR S/O (LATE) SRI VIJAY KUMAR BHATNAGAR

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Uttar Pradesh dated 13.03.2012, whereby the State Commission allowed the appeal preferred by the respondent complainant against the order of the District Forum-1, Lucknow in complaint no. 58 of 2012 and ordered as under:

(2.) Briefly put, the facts relevant for the disposal of the revision petition are that respondent complainant purchased two application forms for admission of his twin sons in class nursery of the petitioner school by paying the prescribed price of Rs. 800/- each. The complainant deposited duly filled forms in the office of the petitioner. The petitioner school instead of fixing the date of interview for the admission of the children of the complainant, rejected the application forms. The school authorities on being approached by the complainant informed that application forms were rejected because the photograph of the mother of children was pasted on respective forms. The complainant informed school authorities that it was a case of single parenting and, therefore, he is in a position to paste the photograph of the mother on the application forms but the school authorities did pay any heed to the request of the complainant and refused to reconsider the application for admission of children of the complainant in the school. Claiming this to be deficiency in service, the respondent complainant filed consumer complaint before the District Forum-I, Lucknow.

(3.) The petitioner opposite party resisted the complaint and pleaded that the application forms for admission were rightly rejected because the forms were properly filled. It was also pleaded that consumer complaint was maintainable because there was no relationship of service provider and consumer between the parties.