SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Mad) 4007

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, J
The Principal St.Joseph's Matriculation Higher Secondary School – Appellant
Versus
District Consumer Disputes Redressal Forum – Respondent


Advocates appeared:
For Petitioner:Dr. FR.A. Xavier Arulraj Sr.Advocate For M/s.Arul Mary
For Respondents: No appearance

ORDER

The writ on hand has been instituted to quash the complaint filed by the second respondent in C.C.No.365/2013. The second respondent filed a complaint under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum at Coimbatore seeking the relief of compensation and to repay the fees amount collected by the writ petition Institution.

2.Challenging the very complaint, the present writ petition has been filed.

3.The learned senior counsel appearing on behalf of the petitioner mainly contended that the petitioner is Educational Institution and the services provided are personal services and the second respondent will not fall under the definition of 'consumer' within the meaning of the Act. Therefore, the very complaint itself is liable to be quashed. The learned senior counsel drew the attention of this Court with reference to the judgment of the Hon'ble Division Bench in the case of Registrar, University of Madras vs. Union of India in W.P.Nos.1700/1992 and batch dated 19.12.1994 . Relying on the judgment, it is contended that when the complaint itself is not maintainable and the District Forum has no jurisdiction to entertain a com

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top