Karnataka

Mysore

CC/816/2015

Chikkaveeraiah - Complainant(s)

Versus

School of Maritine Studies - Opp.Party(s)

M.N.Ningegowda

08 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSURU
No.1542 F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara,
Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysuru-570023
 
Complaint Case No. CC/816/2015
 
1. Chikkaveeraiah
Chikkaveeraiah, S/o Late C.Puttaveeraiah, No.MIG-367/B, 3rd Cross, 7th Main, H Block, Ramakrishnanagar, Mysuru-570022.
...........Complainant(s)
Versus
1. School of Maritine Studies
Captain N Kumar, Director, School of Maritine Studies, Vels University, Rajiv Gandhi Salai-OMR, (IT Highway), Talambur Campus, Near Navlur, Chennai, Tamilnadu-603103.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. H M Shivakumara Swamy PRESIDENT
 HON'BLE MS. M V Bharthi MEMBER
 HON'BLE MR. Devakumar M.C MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

ORDERS

        This is a complaint filed by the complainant for payment of the entire amount paid to the opposite party with interest at 18% p.a. with other reliefs.

It is not necessary to deal with the merits of the case.  On the other hand, heard the advocate for the complainant on the point of jurisdiction of this Forum. Then this matter is set down for orders.

        The following points arises for our consideration:-

  1. Whether this Forum has jurisdiction to entertain this complaint?
  2. To what order?

Our findings on the above points are as follows:-

Point No.1:- In the negative.

Point No.2:- As per the final order.

REASONS

Point No.1:- As per para 11, it is alleged that the cause of action arose on 20.06.2015 to 27.09.2015 and subsequently within the jurisdiction of this Forum within which the complainant and his son residing permanently at Mysore.  Further the address of the opposite party is Talambur Campus, Near Navlur, Chennai, Tamilnadu.  The counsel representing the complainant submits that the complainant intends to send the son for higher studies, on going through the internet, they came to know that the opposite party institution is giving education in operation embarkation B.E., B.Sc.,-Nautical Science Course for three years.  Immediately, the complainant has contacted the opposite party and in turn the opposite party has instructed the complainant about fee structure and hostel charges.  Then the complainant’s son was admitted to the opposite party institution.  Thereby, as contended by the complainant, there is no transaction through internet from Mysore to Chennai between complainant and opposite party. Thereby, this forum has no territorial jurisdiction to entertain the complaint.  The advocate for complainant sought for issuance of notice, so that others side may compromise the matter.  But on such submission, jurisdiction cannot be assumed and pass orders without their being a jurisdiction conferred on this Forum.  Hence,  point No.1 is answered in the Negative.

Point No.2:- In view of the finding recorded on point No.1, this Forum has no jurisdiction to entertain this complaint and it is to be returned to the complainant for presentation before proper Forum. Hence, we pass the following order:-

ORDER

This Forum had no territorial jurisdiction to entertain the complaint.  Hence, office is directed to return the complaint to the complainant for presentation before the proper Forum.

 
 
[HON'BLE MR. H M Shivakumara Swamy]
PRESIDENT
 
[HON'BLE MS. M V Bharthi]
MEMBER
 
[HON'BLE MR. Devakumar M.C]
MEMBER

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