Orissa

Sundargarh II

CC/13/2018

Abhishek Gupta - Complainant(s)

Versus

In Charge, Chief admission Officer, Alliance University Campus 2, - Opp.Party(s)

Sri J.K Acharya

16 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SUNDARGARH-II, ROURKELA
 
Complaint Case No. CC/13/2018
( Date of Filing : 02 Feb 2018 )
 
1. Abhishek Gupta
Abhishek Gupta S/O- Dinesh Gupta, Residence of FCA-2005/B, Gali No-18, SGM Nagar, NIT Faridabad, Faridabad-121001, Hariyana, A/P Residing AT/PO/PS- Lahunipada, Dist- Sundargarh Odisha
Odisha
...........Complainant(s)
Versus
1. In Charge, Chief admission Officer, Alliance University Campus 2,
In Charge, Chief admission Officer, Alliance University Campus 2, 02nd cross, 36th Main, Dollars Scheme, BTM 1st Stage, Banglore-560068, Karnataka,
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Babaji Sahoo PRESIDING MEMBER
 HON'BLE MRS. Sujata Nayak MEMBER
 
PRESENT:Sri J.K Acharya, Advocate for the Complainant 1
 
Dated : 16 Aug 2018
Final Order / Judgement

                     Non-refund of deposited money of Rs.10,000/- ( Rupees ten thousand) only at the time of Admission in MBA Course by the OP is the allegation of the complainant.

                     The Complainant alleges that as per the advertisement published in NET, the complainant took his admission for the purpose of study in MBA Course in the Alliance University, Karnataka the OP in this case. On the assurance given by the OP for sanctioning study loan from Nationalized Bank for the course of MBA, the complainant has taken his admission in the said course and deposited a sum of           Rs.10, 000/- (Rupees ten thousand) only in shape of cash in the office of the OP and accordingly the Complainant was obtained money receipt bearing No. 64212  dtd. 29.03.2016. Subsequently, the OP did not co-operate for sanctioning of the said study loan by which the complainant on dtd. 08.04.2016 sent a letter to the OP for cancellation of his admission. On 12.09.2017 the complainant sent a legal notice through his Advocate to refund the amount of Rs.10, 000/- (Rupees ten thousand) only which had been deposited by the Complainant at the time of admission. But in spite of receiving such legal notice by the OP no result was occurred. Hence this case.

                     Notice was sent to the OP on dtd. 17.02.2018 by this Forum vide No.91 dtd. 17.02.2018 through the registered post with AD. But in spite of elapse of 45 days, no steps taken by the OP for which case was taken up in exparte against the OP.

                     Heard from the Advocate for the Complainant. Complainant has filed his evidence in shape of affidavit. Perused the case record along with its documents and evidence in shape of affidavit of the complainant.

                     Mostly we emphasized on the point of jurisdiction of this case. As per the Section 11 (2) (C) of the Act “Neither the OP at the time of institution of the complaint actually and voluntary resides nor carries on business nor has a branch office nor the cause of action wholly nor in part arises within the local limits of this forum”. At the instant case the OP actually and voluntary resides and carries on its business in the State of Karnatak and not has a branch office within the jurisdiction of this Forum or the cause of action wholly or in part i.e. on the question of admission in MBA Course has not been arises within the jurisdiction of this Forum but occurred at Bangalore in the state of Karnatak. Hence this forum has lack of jurisdiction on the instant case.

                     Therefore the Case is dismissed. No cost. Free certified copy may be supplied to the parties concerned.

 
 
[HON'BLE MR. Babaji Sahoo]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Sujata Nayak]
MEMBER
 

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