VIKAS VASHISHT Vs. MARINE OFFICERS TRAINING ACADEMY

JUDGEMENT

(1.) HEARD Mr. Hari Om Sharma, Advocate, learned Counsel for the appellant who placed on record photocopies of Annexures P4 to P -9/A and perused the impugned order dated 13.11.2003 passed by District Consumer Disputes Redressal Forum -I (for short hereinafter referred to as the District Forum) in Complaint Case No. 792 of 2003, dismissing the complaint for lack of territorial jurisdiction.

(2.) IT is not disputed that the appellant sought admission in the respondent -The Marine Officers Training Academy (for short hereinafter referred to as the Academy) and deposited the fees vide photocopies Annexures P4, P5 and P6. Annexure P -7 is the copy of letter to the respondent - Academy dated 13th December 2002 regarding the request of the refund of the fees, sought by the appellant. Annexure P -8 is also the letter of the Director of the Academy and P -9 is the photocopy of letter dated 2.8.2003 of the respondent -Academy requesting that the appellant may wait for the refund of the amount before 30.8.2003 and do not initiate legal proceedings till that date. It was further mentioned that in case the money was not refunded prior to 30.8.2003, then the appellant was free to initiate legal action.

(3.) THE District Forum held that the respondent -Academy was based at Pondicherry and had no branch office within the territorial limits of the jurisdiction of the District Forum at U.T., Chandigarh and no cause of action or part thereof had arisen within the local limits of the jurisdiction of the District Forum at Chandigarh.