Jharkhand

Purbi Singhbhum

CC/129/2009

Subhash Chandra Agarawal - Complainant(s)

Versus

Director, (Comed K), Consortium of Medical , Engineering and Dental Collage - Opp.Party(s)

Mr Om Prakash Singh

02 Jan 2010

ORDER

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Heading2
 
Complaint Case No. CC/129/2009
( Date of Filing : 16 Dec 2009 )
 
1. Subhash Chandra Agarawal
Radhikanagar, Kharangajhar, Vikash Maidan , Telco , Jamshedpur
Purbi Singhbhum
Jharkhand
...........Complainant(s)
Versus
1. Director, (Comed K), Consortium of Medical , Engineering and Dental Collage
Karnataka
Karnataka
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Mr. S.C . Mishra PRESIDING MEMBER
 
PRESENT:Mr Om Prakash Singh , Advocate for the Complainant 1
 
Dated : 02 Jan 2010
Final Order / Judgement

               The Complainant is represented . 

               Heard the learned lawyer for the complainant on the point of admission and jurisdiction . This complainant has been filed against two above named O.P’s both of Karnataka for compensation and refund of the balance amount of Rs. 50000/-

                                   In short, the case is that he wanted his son Mukund Agrawal to be admitted in Engineering for which he sat in examination and also passed . He deposited some amount but as the bank did not grant educational loan, hence he had to withdraw his son from the institution and he was refunded the entire amount expect Rs. 50000/-.

                                   As both the Op’s are resident of Karnataka and the cause of action also arose in the State of Karnataka , hence the learned lawyer for the complainant was asked to justify the jurisdiction of this Forum . The learned lawyer for the complainant submits that the complainant is resident of this district and he has been residing in this district , hence this Forum has got jurisdiction . When his attention was drawn to sec . 11 of the Consumer Protection Act which is clear , as cause of action and none of the Op’s resides at Jamshedpur hence this forum has got no jurisdiction to entertain this complainant . Hence this complainant is rejected Under Sec.12(3) of the Consumer Protection Act .

 
 
[HON'BLE MR. Mr. S.C . Mishra]
PRESIDING MEMBER
 

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