Delhi

New Delhi

CC/249/2011

MADHU YADAV - Complainant(s)

Versus

ALL INDIA COUNCIL FOR TECHNICAL EDUCATION & ORS - Opp.Party(s)

22 May 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/249/11                                                                                                                                                                                Dated:

In the matter of:

MS.MADHU YADAV,

D/O SH. RATANVIR YADAV,

R/O H.NO.180A,

STREET NO-7, NEAR ADARSH PUBLIC SCHOOL, SHYAM ENCLAVE, NAGAFGARH,

NEW DELHI-110043.

……..COMPLAINANT

 

VERSUS

ALL INDIA COUNCIL FOR TEACHING EDUCATION

NEW DELHI-110002

2.

                         

         ………. OPPOSITE PARTIES

 

ORDER

MEMBER: RITU GARODIA

The complaint is regarding non- refunded of fees by OP2 i.e. Binani Kanya Mahavidhayala, Nathusar Gate, Bikaner, Rajasthan.  OP1 i..e. AICTE is situated in Delhi is in pleaded as the governing council of technical institute like OP2.   OPs proceeded ex-parte on 30.8.11. 

The careful perusal of complainant reveals that fees were paid to OP2 in Rajasthan. 

The complainant therefore, left the institute for further studies and asked for refund which was denied “In Melanie Das Vs. Royal Sundram Alliance Insurance Co. & Others (2014) CPJ 302 (NC) National Commission has held.

“Mere existence of Branch Office of a Company would not imso facto be determinative of territorial jurisdiction.  The cause of action must also arise at that place.  Pithily stated, both the said conditions have been held to be cumulative and not independent of each other.”  

It is now well settled law, that complainant be filed at the place only if cause of action has arisen within local limits thereof.

The fees were paid in Bikaner (Rajasthan). All these facts took place in Rajasthan and as such could not be entertained in New Delhi.  District Forum as no cause of action has arisen here.  According the complainant is dismissed with barely to file a fresh complaint on the same subject matter in the appropriate Forum.

Accordingly, the complainant is dismissed with liberty to file a fresh complaint on the same subject matter in appropriate Forum.

File be consigned to record room.

 

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 22.05.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                          MEMBER