SAURABH SHUKLA Vs. COLLEGE OF COMPUTING AND APPLIED SOFTWARE ENGINEER
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
College Of Computing And Applied Software Engineer
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ARUN KUMAR GOEL -
(1.) WE have heard learned Counsel for the parties and with their assistance have also examined the record of the complaint file in the light of the order passed by the National Commission in Revision Petition No. 2197 of 2004 on 20.11.2008. While disposing of the said revision petition, it was directed that we should treat the issue of territorial jurisdiction as preliminary issue and decide the same before taking up other issues.
(2.) M .A. No. 548/2004 was filed by the opposite parties for rejection of the complaint, as according to them the complaint was not maintainable before this Commission at Shimla for want of territorial jurisdiction. Great emphasis was laid on behalf of the opposite parties on Section 17(2)(b) and (c) of the Consumer Protection Act, 1986, hereinafter referred to as the 'Act'.
(3.) THIS stand of the opposite parties was seriously contested on behalf of the complainant and according to the learned Counsel this complaint was maintainable before this Commission, and it has got the territorial jurisdiction to entertain as well as adjudicate upon the same and stand of the opposite parties to the contrary needs to be rejected.
Before dealing with the submissions urged on behalf of the parties, facts relevant for deciding the question of territorial jurisdiction need to be briefly noted. As per averments made in the complaint, complainant was provided with literature relating to the Course, College as well as of the Rai Foundation. Copy of this literature is Annexures C.2/A and C.2/B. Besides this, further according to the complainant, specific assurance was held out in the offer of admission dated 4.7.2002 by the College, as well as Rai Foundation including its Board of Trustees, that the Course that was being offered would lead to the award of a B.Sc. (Hon), Computing Studies degree of University of Northumbria, U.K. A news item in that behalf was also issued by the opposite parties to him. It was on this holding out by the opposite parties, that the complainant deposited Rs. 60,375, besides having spent Rs. 15,000. After having got admission, it transpired that the said University of U.K. was not going to issue the degree. Complainant and his father met with Dr. Paramjit Singh, Dean and Professor of the College who also confirmed that affiliation with the said University was not forthcoming. This resulted in filing of the complaint wherein compensation of Rs. 20,85,375 was claimed.;
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