BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 06th March 2017
PRESENT
SRI VISHWESHWARA BHAT D : HON’BLE PRESIDENT
SMT. LAVANYA M. RAI : HON’BLE MEMBER
ORDERS IN
C.C.No.31/2015
(Admitted on 06.01.2015)
Mr. Ajay Kaushik Noronha,
S/o Domian Noronha,
Ajay, Kurkal Village,
P.O. Subhas Nagar 576 105,
Udupi Taluk and District,
Karnataka State.
….. COMPLAINANT
(Advocate for the Complainant: Sri VKM)
VERSUS
1. Samundra Institute of Maritime Studies Trust (R),
Takwe Khurd,
Mumbai Pune Highway (NH 4),
Lonavla 410 405,
Pune District,
Maharashtra State,
Rep. by its Principal,
2. St. Joseph Engineering College,
Vamanjoor,
Mangalore 575 028,
Rep. by its Principal.
…......OPPOSITE PARTIES
(Advocate for the Opposite Party No.1: Sri KNS)
(Opposite Party No.2: Ex parte)
ORDER DELIVERED BY HON’BLE PRESIDENT
SRI VISHWESHWARA BHAT D:
The above complaint filed under Section 12 of the Consumer Protection Act by the complainant against opposite parties alleging deficiency in service claiming certain reliefs.
The brief facts of the case are as under:
The complainant contends on after entrance examination, Psychometric Test and final interview conducted under the campus of opposite party No.2 in April 2014 he was selected to join opposite party No.1 institute and paid fee in all Rs.2,10,550. However on account of a medical certificate produced by complainant, complainant addressed letter to opposite party No.1 his inability to seeking withdrawal from the course on medical ground, it is total amount paid less payment of Rs.50,000/ was refunded by opposite party to complainant. The reason the amount non refund with opposite party as under:
(i) Tuition Fee Rs. 4,753/
(ii) Boarding and Lodging Rs. 5,027/
(iii) Bedlinen/Uniform/Books/Stationery Rs. 9,465/
(iv) Joining Fees (Non Refundable) Rs.50,000/
….........................
Total Refund Rs.69,245/
….......................
2. However opposite party is not entitled to withdrawal the amount as complainant had returned the Books, stationery. The only amount reasonably that can be deducted is Rs.5,027/ towards boarding and lodging being due to opposite party No.1s from complainants. As such seeks the relief claimed in the complaint.
II. Opposite party No.1 in the written version admits the payments and admission of complainant in opposite party No.1’s institution. Complainant voluntarily given written test conducted by opposite party No.1 in opposite party No.2s college where he was studying. On all the transactions that to admission and payments taken place at opposite party No.1’s institution. As such this Forum has no territorial jurisdiction to entertain the complaint. Even though complainant and his parent given undertaking at the time of seeking admission that no refund of joining fee. As such the amount of Rs.50,000/ is deducted and balance amount was refunded to the complainant. Classes commenced on 1.9.2014 whereas complainant vacated the seat voluntarily under the medically unfit declared by a private doctor. Hence seeks dismissal of the complaint.
2. In support of the above complainant Mr. Ajay Kaushik Noronha filed affidavit evidence as CW1 and answered the interrogatories served on him and produced documents got marked at Ex.C1 to C13 as detailed in the annexure here below. On behalf of the opposite party Mr. S Viswanathan (RW1) Principal, Samundra Institute of Maritime Studies, also filed affidavit evidence and answered the interrogatories served him and produced documents got marked at Ex.R1 to R4 as detailed in the annexure here below.
III. In view of the above said facts, the points for consideration in the case are:
- Whether this Forum has Territorial Jurisdiction to try the case?
- Whether the Complainant is a consumer and the dispute between the parties?
- If so, whether the Complainant is entitled for any of the reliefs claimed?
- What order?
The learned counsels for both sides filed notes of arguments. We have considered entire case filed on record including evidence tendered by the parties and notes arguments of the parties. Our findings on the points are as under follows
Point No. (i) : Negative
Point No. (ii) : Does not survive
& (iii) for consideration
Point No. (iv) : As per the final order.
REASONS
IV. POINTS No. (i): The complainants claim of territorial jurisdiction in respect of part of the transaction is based on the facts that the entrance examination, psychometric test were conducted at the college campus of opposite party No.2. However these process of pertaining to entrance examination cannot be construed as part of the admission process and admitting complainant to the course in question of opposite party No.1 College situated at Maharashtra State. Complainant was admitted to the college of opposite party No.1 is an admitted fact. Even refund sought from opposite party No.1. As such we are of the view that this Forum has no territorial jurisdiction to entertain the present complaint and the claim of the complainant that part of the admission process of complainant took place at opposite party No.2 College cannot be accepted. Hence we answer point No.1 in the negative holding that this Forum has no territorial jurisdiction.
Points No. (ii) & (iii): In view of answer to point No.2 & No.3 these two points does not survive for consideration
POINTS No. (iii): Wherefore the following
ORDER
The complaint is dismissed.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 6 directly typed by steno on computer system to the dictation of President revised and pronounced in the open court on this the 6th March 2017
MEMBER PRESIDENT
(LAVANYA M. RAI) (VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1 Mr. Ajay Kaushik Noronha
Documents marked on behalf of the Complainant:
Ex.C1: Photo copy of the DD No.067248 dated 21.04.2014 for Rs.50,000/ in favour of OP No.1 drawn on Axis Bank ltd
Ex.C2: Photo copy of the DD No. 009281 dated 20.08.2014 for Rs.2,10,550/ in favour of OP No.1 drawn on IDBI Bank Ltd
Ex.C3: Photo copy of letter dated 08.09.2014 of the complainant addressed to OP No.1
Ex.C4: Photo copy of the Medical Certificate issued by Dr. Shrisha Kordcal, MBBS
Ex.C5: Original Payment Voucher of OP No.1 dated 11.09.2014
Ex.C6: Photo copy of letter dated 07.11.2014 of the Complainant addressed to OP No.1
Ex.C7: Photocopy of the reply dated 19.11.2014 of OP No.1 Addressed to the complainant
Ex.C8: Office copy of the legal notice dated 09.12.2014
Ex.C9: Photo copy of the list of 114 candidates along with the details of college name, mobile number, E Mail ID, percentage of marks obtained by the respective Candidates etc.
Ex.C10: Photo copy of the Final Roll Number List
Ex.C11: Photo copy of the payment voucher dated 11.09.2014
Ex.C12: Original reply notice dated 29.12.2014 of OP No.1
Ex.C13: Original envelope.
Witnesses examined on behalf of the Opposite Parties:
RW1 Mr. S Viswanathan, Principal, Samundra Institute of Maritime Studies,
Documents marked on behalf of the Opposite Parties:
Ex.R1: Course admission form duly filled by the complainant
Ex.R2: Course brochure in respect of course opted by the Complainant
Ex.R3: Medical Fitness certificate of Complainant issued by the Approved Medical Practitioner Dr. P.V. Unnikrishan
Ex.R4: Admission order issued by the OP No.1 as to Selection of candidature of the complainant to the Chosen course
Dated: 06.3.2017 PRESIDENT
