How to sue an educational institute
Piyush
(Querist) 01 June 2020
This query is : Resolved
Hello Members
Need your expert guidance in filing a case against an well known institute.
My sister enrolled for CFP having head office in USA. At time of registration there was an office in India - FPSB India.
Later on during the course, they closed Indian branch and handed over all controls and administration to USA head office.
During admission they offered a degree called AFP on clearing the 4 exams and CFP degree if student clears 5th exam (CFP was optional).
Later on without any notice they stopped providing AFP recognition and compelling to complete 5th exam in order to get some degree.
I have all strong evidences against them, under Indian Contract act & fraud as they provided false information later on too.
Now how I can proceed to sue them.
Regards
CA Piyush Gupta
Raj Kumar Makkad
(Expert) 01 June 2020
Your sister can not only file a criminal case for fraud but but also can file a civil suit for damages. You need to engage a local competent lawyer for this purpose.
Dr J C Vashista
(Expert) 02 June 2020
Lodge a police complaint for cheating and fraud.
What is the term "CPF" "FPSB" "AFP"used by you, which are uncommon in legal parlance?
Rajendra K Goyal
(Expert) 02 June 2020
What was the dispute resolution process / place of jurisdiction given in the prospectus / admission form and agreed upon at the time of admission while filling the admission form?
All related documents need to be referred before extending any advice, discuss in detail with local lawyer dealing in such cases.
P. Venu
(Expert) 02 June 2020
A civil action certainly lies, unless there are conditions to the contrary. However, the question is, how the litigation would serve your purpose when the opposite party has no office or representative in our country?
Raj Kumar Makkad
(Expert) 02 June 2020
A suit can also be filed in India against an entity residing/having its office abroad.
P. Venu
(Expert) 03 June 2020
Yes, it could be; even a decree could be secured, may be ex-parte. But how could the decree be enforced/executed?
Rajendra K Goyal
(Expert) 03 June 2020
If the dispute resolution agreed at the time of admission was arbitration, it is doubtful approaching court would be helpful in general.
Generally, in such cases either arbitration clause exist or Jurisdiction of native country court is got agreed by parties.
All documents need to be referred for clarification.
P. Venu
(Expert) 03 June 2020
Mr. Goyal:
Is not the above posting a repetition of your original suggestion?
Raj Kumar Makkad
(Expert) 03 June 2020
Mr. P Venu
Mr. Goyal wants himself at first place, second place, third place, fourth and so on and if any other experts enters in between then he tries his best to be last and if not possible then the last and so on. You might have observed almost all the posts for evidence.
Raj Kumar Makkad
(Expert) 03 June 2020
As the local office was working in India at the time of the admission of the sister of the author hence the question of change of the jurisdiction do not arise. Cause of action has arisen in India hence its jurisdiction cannot be brushed aside even if the territorial jurisdiction is fixed at some other place by way of a mutual agreement. Arbitration clause, if any, inserted in the said agreement/contract shall definitely prevail over the right to sue first.
Rajendra K Goyal
(Expert) 04 June 2020
Respectfully differ from the advice from the expert:
Suit filed at a place which was not agreed at the time of admission would not have jurisdiction to decide.
In case arbitration was agreed, the avenue has to be revoked as agreed.
If see practically, the University has closed its office, it would be difficult to get the decree (even if obtained in India) executed at a foreign place in a viable manner.
Raj Kumar Makkad
(Expert) 04 June 2020
A judgment put in execution along with the certificate are issued by any 'Superior Court' of any 'reciprocating territory' as notified under Section 44A by the Central Government in its official Gazette. The mandate under Section 44A is to satisfy with respect to existence of a notification by the Central Government in its official Gazette declaring two things, namely, (1) a reciprocating territory for the purpose of Section 44A and (2) the Superior Court in reference to that reciprocating territory for the purpose of Section 44A CPC. Without satisfaction of these two mandates, no decree or judgment or certificate, if any, issued by any foreign country can be executed within the territory of India under Section 44A CPC, which is the only enabling provision in the Code for executing a foreign judgment/decree for money.
Rajendra K Goyal
(Expert) 05 June 2020
Section 44 A does not entitle a litigant to file a suit in India where the Jurisdiction of any foreign court was agreed in the original agreement. It deals with execution of degree.
First the place of Jurisdiction has to be confirmed from the documents in the present case.
Rajendra K Goyal
(Expert) 05 June 2020
Practically if the decree is obtained from foreign court in the present case, there would be no use / need to get it executed in India. The university has closed its office in India. Recovery can be made through the said court itself in case of decree.
