Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sourav Chatterjee (Professional)     19 December 2013

Consummer forum jurisdiction

A student from kolkata admitted in a private university of Himachal pradesh through a study cum exam center of kolkata. Dispute arises regarding unfair trade practise because of non-approval of University by UGC to affiliate such kind of study center.complaint case filed by student in kolkata, university and study centre took the plea of forum selection clause of university's brochure where it was printed that any dispute regarding admission, course or any dispute to be adjudicated at the district court or forum of university and the student put his signature on the application form after knowing all the rules and regulations. Showed a judgement "2004(3)CHN 27" of Calcutta High Court by justice A.Banerjee. Is the forum selection clause applicable in Consummer forum? 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 December 2013

The clause is very clear in your question itself:

Dispute arises regarding unfair trade practise because of non-approval of University by UGC to affiliate such kind of study center.complaint case filed by student in kolkata, university and study centre took the plea of forum selection clause of university's brochure where it was printed that any dispute regarding admission, course or any dispute to be adjudicated at the district court or forum of university and the student put his signature on the application form after knowing all the rules and regulations.

Your own version is very clear that the jurisdiction to file a complaint will be restricted to the University's geographical location. So you approach a forum there.

Suneet Gupta (www.vashiadvocates.com)     19 December 2013

If you are filing a complaint against the study cum exam centre located in Kolkatta, then the relevant Consumer Forum remains Kolkatta. The University can be added as a respondent in the case, even if it is situated outside Kolkatta. Consumer complaint can be filed as follows:

  1. At the place of sale of goods or services, or where the transaction took place - in this case Himachal Pradesh; or
  2. Where either of the respondents or sellers is situated - if in your case the study cum exam centre is a party to the case, then you can file the case in a Consumer forum in Kolkatta, which will have jurisdiction in the case.

You clearly mention that your admission was through the study centre and the invalidation of the admission is also due to the same fact. Therefore, the study centre should be a respondent in the case, and you can file in Kolkatta.

1 Like

Sourav Chatterjee (Professional)     19 December 2013

all money transactions and document transfer made in kolkata, the student went to Himachal Pradesh for any purpose.all cause of action made in kolkata. Thanks to all for Your precious advice.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register