ICFAI NATIONAL COLLEGE Vs. S. ASHOK KUMAR
LAWS(TNCDRC)-2014-6-1
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on June 13,2014

Appellant
VERSUS
Respondents

JUDGEMENT

Thiru J. Jayaram, J. - (1.) THIS appeal is filed by the opposite parties against the order of the District Forum, Tiruchirappalli, in C.C. No. 08/2010, dated 18.1.2011, allowing the complaint The case of the complainant is that the 1st opposite party college was functioning without proper recognition and without the approval of the State Government and conducted M.B.A. course and the complainant completed M.B.A. Course in the 1st opposite party college believing that the 1st opposite party college is a duly recognized and approved institution for M.B.A. course. This amounts to deficiency in service on the part of the opposite parties.
(2.) ACCORDING to the opposite parties, the 1st opposite party college is a recognized one and the degrees are awarded by ICFAI University, Dehradun and recognized by UGC. As per the terms and conditions if there arises any dispute, the territorial jurisdiction is Hyderabad and the Consumer Forum in Tamil Nadu has no jurisdiction to entertain the complaint and there is no deficiency in service on their part. The District Forum considered the rival contentions and allowed the complaint holding that there is deficiency in service on the part of the opposite parties. Aggrieved by the impugned order, the opposite parties have preferred this appeal.
(3.) THE appellants/opposite parties would first contend that the Consumer Forum in Tamil Nadu has no jurisdiction to entertain the complaint and as per the terms and conditions, the Consumer Forum at Hyderabad alone has jurisdiction to entertain the complaint. The opposite parties cannot annul the territorial jurisdiction of Courts/Forum, imposing some conditions. The District Forum has rightly held that the Consumer Forum at Tiruchirappalli has jurisdiction to entertain the complaint. Therefore, the contention that the Consumer Forum, Tiruchirappalli has no jurisdiction is untenable.;


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