Consumer court case
PREM
(Querist) 15 May 2016
This query is : Resolved
Dear sir,
I filed a case in may/2015 against Private Engineering at district Forum.
Facts of the case:-
my brother took admission in an Private engineering collage as on 23/06/2014 and paid Rs. 50000/- as part of course fee.
But we applied for cancellation of such admission before allotment of seat and request to refund the money as per AICTE guidelines (AICT/Legal/04(01)/2007, April2007) as on 3/07/2014.
I visited to collage many time (10 times) and also send legal notice as on 6/4/2015. But each time they didn’t give me any satisfactory answer.
At last I filed case in consumer court in may/2015.
Written Statement from the Advocate of opponent:-
Now I got a written statement and according to this
1. I’m not a consumer for collage so can’t file case in consumer court as per case “P.T Koshv & Anr v Ellen Charitable Trust & ors “ 3 ( 2012) CPJ 615”
2. I should approach Institution grievance cell.
3. My affidavit does not consist age and name of father.
4. I left the institution in midstream ( which is wrong)
Sir I’m not an expert of consumer Protection Act. I’m following with the advice of the experts like you.
Sir please suggest me the next step i.e. how and in which way I should reply the opponent.
Thanking you
R.K Nanda
(Expert) 15 May 2016
consult local lawyer.
rajeev sharma
(Expert) 15 May 2016
The day you deposited fee you became a consumer and the institution is liable to follow the instructions of AICT. Advice on applicability of case law may be given only after reading it
Rajendra K Goyal
(Expert) 15 May 2016
Entrust the case to local lawyer, he would be able to counter the claims of opposite party.
Kumar Doab
(Expert) 15 May 2016
Agreed with experts.
Entrust the matter to an able counsel specializing in consumer matters.
Kamal Gupta
(Expert) 15 May 2016
File a Civil case suit for recovery subject to limitation and after withdrawing consumer case with liberty. As per the Judgement relied by the opposite party, it was held that education institution are not service provider hence jurisdiction of consumer court are barred.
P. Venu
(Expert) 16 May 2016
"P.T Koshv & Anr v Ellen Charitable Trust & ors"? such a judgment does not appear to be in existence!
Rajendra K Goyal
(Expert) 16 May 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Consumer-court-case-help-me-immediately--598896.asp#.VzluGfl97IU