Consummer forum jurisdiction
Sourav Chatterjee
(Querist) 19 December 2013
This query is : Resolved
A student from kolkata admitted in a private university of Himachal pradesh through a study cum exam center of kolkata. Dispute arises regarding unfair trade practise because of non-approval of University by UGC to affiliate such kind of study center.complaint case filed by student in kolkata, university and study centre took the plea of forum selection clause of university's brochure where it was printed that any dispute regarding admission, course or any dispute to be adjudicated at the district court or forum of university and the student put his signature on the application form after knowing all the rules and regulations. Showed a judgement "2004(3)CHN 27" of Calcutta High Court by justice A.Banerjee. Is the forum selection clause applicable in Consummer forum?
Devajyoti Barman
(Expert) 19 December 2013
If there are more than once place of jurisdiction and only one particular place is selected for place of jurisdiction to try dispute then other place pf jurisdiction is barred by mutual agreement.
The student has no cause of action in Kolkata.
T. Kalaiselvan, Advocate
(Expert) 19 December 2013
The clause is very clear in your question itself: Dispute arises regarding unfair trade practise because of non-approval of University by UGC to affiliate such kind of study center.complaint case filed by student in kolkata, university and study centre took the plea of forum selection clause of university's brochure where it was printed that any dispute regarding admission, course or any dispute to be adjudicated at the district court or forum of university and the student put his signature on the application form after knowing all the rules and regulations.
Your own version is very clear that the jurisdiction to file a complaint will be restricted to the University's geographical location. So you approach a forum there.
Nadeem Qureshi
(Expert) 19 December 2013
completely agree with experts
Rajendra K Goyal
(Expert) 19 December 2013
The jurisdiction is where university is situated as mentioned in the university's brochure
