SHANMUGA ARTS SCIENCE AND TECHNOLOGY RESEARCH ACADEMY Vs. THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AND ORS.

JUDGEMENT

(1.) ALL the writ petitions are filed to quash the proceedings in CC Nos. 31, 32, 33 and 48 of 2012 pending on the file of the District Consumer Disputes Redressal Forum, Thanjavur against the petitioner herein, arising out of the complaint filed by the third respondent student in each of the writ petitions.

(2.) THE circumstances under which the third respondent in each of writ petitions come forward with the respective complaint against the petitioner institution are as follows : The respective third respondent in WP. No. 13993 to 13995/2012 were admitted to B.Tech course in ECE Stream in the petitioner University between 21.6.2010 and 2.7.2010 on payment of Rs. 52,000/ - as initial fees. They completed first two semesters. After the classes were commenced during second year, they wanted to leave from the petitioner University for joining some other college. For that purpose, they sought for transfer certificate. The petitioner University as per the specific clause contained in the application, issued transfer certificate and returned other certificates on payment of fee for entire course to the tune of Rs. 1,77,000/ -. Thereafter, the third respondent demanded refund of the fee amount remitted by them. On their failure of the petitioner University to do so, the third respondent through the second respondent, made the complaint before the first respondent, seeking various reliefs of refund of amount paid by way of tuition fees, punitive damages and compensation.

(3.) THE petitioner University has come forward with these writ petitions seeking to quash the complaints pending on the file of the first respondent Forum on the grounds that the first respondent has no jurisdiction to entertain the complaints against the well settled legal principles and the present proceedings pending against the petitioner is hence nothing but an abuse of process of law.