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
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
The District Consumer Forum has jurisdiction to adjudicate complaints, including issues of maintainability, and writ petitions to quash such complaints are not permissible unless the Forum is defunct....
Consumer Fora's jurisdiction extends despite allegations of fraud or forgery, as remedies under Consumer Protection Act are additional to other legal avenues.
Educational institutions do not qualify as service providers under the Consumer Protection Act, rendering complaints against them unmaintainable.
The High Court's jurisdiction under Article 227 is limited and should only intervene in cases of clear jurisdictional errors.
Writ petitions against District Consumer Redressal orders are not maintainable when an alternative remedy under the Consumer Protection Act exists, reinforcing the need to follow statutory appeal pro....
A Writ Petition under Article 226 is not maintainable where an effective alternative remedy exists under statutory provisions.
Pecuniary Jurisdiction of Consumer Disputes Redressal Commission under CP Act, 2019 is determined solely by the value of consideration paid for goods or services & not by value of goods or services t....
Limitation - the complaint is filed in violation of the statutory period of two years as provided under section 24A of the Consumer Protection Act, 1986, the same is barred by law of limitation.
Act of 1986 is for better protection of interests of consumers and for speedy and simple redressal to Consumer Dispute.
Every litigant has the right to a reasonable opportunity to defend themselves in a proceeding, and a hyper technical approach in passing orders should be avoided.
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