F.A. No. 261 of 2012. Case: ICFAI National College Vs S. Ashok Kumar. Tamil Nadu State Consumer Disputes Redressal Commission

Case NumberF.A. No. 261 of 2012
CounselFor Appellant: V.T. Narendiran, Advocate and For Respondents: Party-in-Person
JudgesThiru J. Jayaram, (Presiding) Member (J) and Thiru S. Sambandam, Member
IssueConsumer Law
CitationIII (2014) CPJ 17
Judgement DateJune 13, 2014
CourtTamil Nadu State Consumer Disputes Redressal Commission

Order:

Thiru J. Jayaram, (Presiding) Member (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.

  3. 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.

  4. 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.

  5. The appellants/opposite parties would further contend that the 1st opposite party college is recognized by the University Grants Commission and is approved by the Uttarakhand (erstwhile Uttaranchal) Government to conduct courses.

  6. On perusal of Ex. A12 intimation dated 1.8.2007 received from University Grants Commission, we find that the 1st opposite party college is not recognized by the University Grants Commission and no approval has been granted to the 1st opposite party college by University Grants Commission to offer study courses and offer Degree/Diploma...

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