1. This appeal is preferred by the original complainant, against the order dated 31/1/2014, passed in consumer complaint No.13/807, by the District Forum, Nagpur, by which the complaint has been dismissed on the ground that the Forum has no territorial jurisdiction to entertain and decide the complaint.
2. The appellant herein had filed the said complaint before the District Forum, Nagpur for recovery of balance fees of Rs.34950/- with interest, compensation and cost, from the respondents herein. She had paid total fees of Rs.69,700/- to the respondents for admission in a one year post graduate diploma in Fashion Designing and clothing technology. However, she met with an accident and, therefore, she could not take admission in the said course and she demanded back the aforesaid fees paid by her to the respondent. The respondents refunded 50% amount i.e. Rs.34450/- to her by semnding a cheque on her address at Nagpur.
3. The Forum, after hearing the appellant’s advocate, passed the impugned order. The Forum Observed in that order that the cause of action for filing complaint did not arise within its jurisdiction and, therefore, it has no territorial jurisdiction to decide the complaint. The Forum, therefore, dismissed the complaint by passing the impugned order.
4. The learned advocate of the appellant submitted that the Forum erred in holding that it has no territorial jurisdiction. According to him, the part of cause of action arose within the territorial jurisdiction of District Forum Nagpur as 50% amount of the fees i.e. Rs.34450/- was refunded by the respondents to the appellant by sending the cheque of that amount to her on her address of Nagpur. Thus, the learned advocate of the appellant argued that since the said cheque was received by the appellant at Nagpur, the cause of action for filing complaint arose at Nagpur.
5. We have, thus, perused the impugned order, copy of complaint and copies of documents filed on record. As per section 11 (c) of the Consumer Protection Act, the District Forum has jurisdiction to entertain the complaint if cause of action, wholly or in part arises within the local limits of its jurisdiction. Admittedly, in the instant complaint, both the respondents are running their institute at Pune, where, the appellant had deposited admission fees of Rs.69,700/- by Demand Draft. Moreover, the respondents refunded 50% of her admission fees i.e. Rs.34,450/- only by sending cheque to her on address of Nagpur. In our view, cause of action arose only because of non payment of remaining 50% amount of the fees and not because of payment of 50% of the fees.
6. So also, we are of the view that only because 50% fees is refunded by sending cheque from Pune to Nagpur, it does not give territorial jurisdiction to the District Forum of Nagpur. Thus, simply, because the cheque of 50% fees is received at Nagpur by the appellant, it can not be said that part of cause of action for filing the complaint arose at Nagpur.
7. Thus, on both the said counts we hold that the District Forum below has rightly held that it has no territorial jurisdiction to entertain the complaint since no cause of action arose within the local limits of its territorial jurisdiction. In the result, we find that there is no merits in this appeal and it deserves to be dismissed in limine. Hence the order…
ORDER
- The appeal is dismissed in limine.
- Copy of the order be furnished to both the parties free of cost.
