Fixed for admission hearing.

Complainant is present.

Ld. Advocate for the Complainant is also present by filing his hazira. 

Admission matter is taken up for hearing.

Heard Ld. Advocate for the Complainant.

Perused the materials on record and the documents filed along with this complaint.

It appears that all there (3) respondents reside as well as carry on their business within the state of Rajasthan, which is beyond the territorial jurisdiction of this Forum.

It also reveals that the college in question is also situated in Bangalore where cause of action arose and it also reveals for Para – 7 as well as 13 of the petition of complaint that the cause of action of this case also arose not within the territorial jurisdiction of this District Consumer Disputes Redressal Forum.  As per sub-section 2 of section 11 of the Consumer Protection Act, 1986 that;-

A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction :-

(a)  the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or [carries on business, or has a branch office or] personally works for gain; or

 (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or [carries on business or has a branch office, or personally works for gain:

Provided that in such case either the permission of the District forum is given, or the opposite parties who do not reside, or [carry on business or have a branch office,] or personally work for gain, as the case may be, acquiesce in such institution; or

(c)  the cause of action, wholly or in part arises.

But in the present case all three O.Ps. are residing as well as carrying on business not within the territorial jurisdiction of this Forum.  Moreover, cause of action wholly actually arose also not within the territorial jurisdiction of this Forum.

In view of the above facts & circumstances and discussion made above we hold that this Forum has got no territorial jurisdiction to entertain / deal with this complaint as it is barred by section 11 of the Consumer Protection Act, 1986.

Hence, it is liable to be dismissed.

Hence, it is

                                                                            Ordered

That Complaint Case No.52 of 2016 be and same is hereby dismissed; but without cost.

Liberty is given to the Complainant to approach before the proper Forum according to law having territorial jurisdiction.

 Thus this Complaint is hereby DISPOSED OF.

Let a plain copy of this order be given to Complainant free of cost.