DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 30th day of October 2010 .

Present : Smt. Seena.H, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member

C.C.No.124/2010

Al Ameen

S/o. Moidu

Variyampatta House

Cherpalchery Post

Palakkad District. - Complainant

(Adv.P. Sherif)

Vs

1. Vijaya Babu

Office-in Charge

A J Trust Educational Consultancy

Capital Tower, Near Secretariat

Thiruvananthapuram,

2. The Chairman

A J Educational Consultancy

963, Poonamalle High Road

Chennai – 600 084. - Opposite parties

O R D E R

1. Brief facts of the complaint is that induced by an advertisement published in the Mathrubhumi daily, complainant paid an amount of Rs.1,05,000/- to 1^st opposite party for a seat for MD (General Physician) in Stavropal State Medical academy in Russia. As the complainant could not arrange educational loan, he asked 1^st opposite party to return the amount already paid deducting the service charge. Opposite parties failed to return the said amount and hence the complaint.

2. Complaint was posted for hearing on admission. Heard the complainant.

3. On going through the complaint we find that none of the opposite parties resides or carries on business or have a branch office within the jurisdiction of the Forum. Further no cause of action has seen to arise within the jurisdiction of this Forum. The counsel for the complainant has argued for the position that since the complainant

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   has acted upon on an advertisement published within the jurisdiction of this forum, part of the cause of action has arisen within the jurisdiction of the Forum. Complainant placed a decision, Santhigiri Ashram V Moideen Haji, 1988(2) KLT 702, wherein the complainant submitted that the Honourable High Court has held that publishing of the advertisement itself can give rise to a cause of action so as to confer jurisdiction.

4. We have gone through the decision placed before us and we find that the said decision has no application to the present case. The decision placed before us is that the trade mark infringement. It is seen that only because the said advertisement has the effect of passing of, Honourable High Court has held so. In MRS. Saradha Vs The Managing Director (Chairman) V.G.P. Wonder Land Ltd, I (2000) CPJ 571 Andrapradesh State Commission has held that “merely advertisement in news paper within the territorial jurisdiction of District Forum will not confer jurisdiction.

5. In the light of the above decision, without going into the merits of the case, we dismiss the complaint with direction to approach appropriate forum for relief.

Pronounced in the open court on the 30th day of October 2010

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

Date of filing : 08/10/2010