DATE OF FILING: 11.5.2015
DATE OF DISPOSAL: 10.12.2015.
Miss S.L.Pattnaik, President:
This case is posted today for order on the point of admission. Perused the documents filed in the case record and also perused the reply vide letter dt.27.11.2015 sent by the complainant praying for admission of the case without appearing before the Forum on the date of admission.
2. On perusal we found that the complainant has filed a complaint case against the Chairman OJEE-2013, JEE Cell, Gandamunda, Khandagiri, Bhubaneswar alleging non refund of Government OJEE 2013 counseling fee deposited at the Nodal Center/Counseling Center ITI Rourkella on behalf of his daughter Deepika Behera. From the complaint petition it reveals that Deepika Behera daughter of the complainant took part in counseling of OJEE 2013 at Nodal center i.e. Government ITI Rourkela for taking of admission in engineering course and accordingly on 14.6.13 D.Behera deposited counseling fee of Rs.5000/- vide D.D.No.198446 dt.14.6.13 through issuing Bank SBI, Civil township, Rourkela vide provisional receipt No. 5683 but unfortunately Deepika Behera has not allotted seat for taking admission in engineering course. Hence made correspondence to Principal-cum-Nodal Officer, Govt. ITI Rourkela to refund the counseling fee as per OJEE 2013 Rules but Nodal Officer ITI Rourkela vide letter No. 1636 dt.26.7.13 gave reply to the complainant to contact the Chairman, OJEE 2013 for getting refundable of counseling fee as the date of refund of counseling fee through Nodal Centre time is over. Being aggrieved the complainant filed this case before the Forum with a prayer to give direction to Chairman-cum- OJE counseling O.P. in this case to refund the counseling fee of Rs.5000/-.
3. After going through the whole case the only question that arises for our consideration is whether the Dist. Forum, Ganjam, Berhampur has jurisdiction to entertain the complainant petition? Section 11 of the Consumer Protection Act, deals with jurisdiction of the District Forum which provided that a complaint shall be instituted in a District Forum within the local limits of jurisdiction either the O.P. or any of the O.Ps at the time of institution of the complaint, actually and voluntarily resides or carries on business or has a Branch Office or personally works for gain or the cause of action wholly or in part arises. But in the instant case non of the O.P are residing within the territorial jurisdiction of this Forum, nor their any Branch office in this jurisdiction nor the cause of action wholly or partly arises within the jurisdiction of this Forum.
4.This Forum by relying upon a citation passed by National Commission, New Delhi in Ritu Bhuwania versus The Secretary M/s Vatsa Corporation ltd. and Anr. 2010 (1) CPR 75 such as: “ As per Section 11 of the Consumer Protection Act, 1986, a complaint could be instituted within the local limits or a District Forum where the Opposite Party resides or carries on business or where the cause of action, wholly or in part, arises”.
In the light of the above decision of law and facts and circumstances of the case, we are of the opinion the complaint petition is not entertainable by this Redressal Forum. Hence the complaint petition is not admitted and hereby dropped with a liberty to file this case before the appropriate Forum as per law.
Order is pronounced in the Open Forum today on 10th December 2015.
Copy of the order be supplied to the parties free of cost.
