Complainant is present in person. Heard on the question of admissibility of the complaint and perused the record. 

          The complainant got his daughter  admitted in OP.1- school in L Kg  bearing roll No.10039 by making payment of Rs.41,190/- on 29/03/2019 and after attending the school for one day only on 22/04/2019, the school was declared holiday from 23/04/2019 to 18/06/2019. In the mean time, the wife of the complainant  staying at Berhampur  fell ill for which she was taken to the MKCG Medical College & Hospital, Berhampur and subsequently she was brought to Bhubaneswar for necessary treatment and surgical operation was done. The complainant requested the OP.1 for transfer of his daughter’s education to any other branch of DAV school at Bhubaneswar. The OP.No.2 asked the complainant to obtain no objection letter from any DAV school at Bhubaneswar. On the request of the complainant, in this regard, the OPs 3 & 4 i.e. the Principal, DAV School, Sailashree Vihar, Bhubaneswar and the Principal, DAV School, Pokhariput, Bhubaneswar replied that there is no vacancy available in their school.  The complainant  took admission of  his daughter in Kalyan Bal Vihar School, IRC Village, Nayapalli and thereafter requested the OP No.1 for refund of the amount of Rs.41,190/-  paid by him.  The OP Nos. 1 & 2 denied  refund and demanded the complainant  to pay further dues of the child. Therefore, alleging deficiency in service and unfair trade practice, the complainant filed the present complaint praying for refund of the amount along with interest, compensation and cost of litigation.

          In this regard, we, first of all find that the OP Nos. 3 & 4 have not committed any sort of deficiency in service or unfair trade practice in any manner whatsoever and  no specific relief is claimed against them. Also their presence is not at all necessary for proper adjudication of the dispute involved and as such,  they are neither necessary parties nor proper parties to this case. They have been un-necessarily impleaded in this case probably with a view to bring the jurisdiction of this Forum to entertain the complaint, which we do not think fit and proper.

The real grievance of the complainant is against the Ops 1 & 2  who are stationed at Berhampur in the district of Ganjam. Also from the payment receipt(s), we find that the money in question  has been paid at Berhampur by way of deposit in Andhra Bank, Old Bus stand, Berhampur and there is no specific averment made in the complaint petition to reveal if at all any part of cause of action for this complaint has arisen within the territorial jurisdiction of this Forum. In this view of the matter, therefore, we feel that if at all there has been any deficiency in service or unfair trade practice committed by the OPs 1 & 2, this Forum has got no territorial jurisdiction to entertain the  complaint. Hence  interest of the justice, the complaint be returned to the complainant for presentation in the appropriate Forum having jurisdiction to entertain the same and adjudicate the dispute involved in this case.