1. THE ACCUSED PERSONS WERE RIGHTLY CONVICTED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302, Essays (high school) of Computer science

Download 1. THE ACCUSED PERSONS WERE RIGHTLY CONVICTED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 and more Essays (high school) Computer science in PDF only on Docsity! AJEENKYA D.Y. PATIL UNIVERSITY MOOT COURT Name:-Sahil Nilesh Jain Name:-Mahak Kiyawat Year:-5 th year Year:-5 th year BEFORE THE HIGH COURT OF TELANAGANA (UNDER ART. 226 OF CONSTITUTION OF INDIA) W. P. NO. /2021 State of Telanagana--------------------------------------- PETITIONERS V. Mr. Govind & another----------------------------------- RESPONDENTS MEMORIAL ON BEHALF OF RESPONDENT AJEENKYA D.Y. PATIL UNIVERSITY MOOT COURT TABLE OF CONTENT:- SR.NO TITLE PAGE NO 1. THE INDEX OF AUTHORITIES. 2. THE STATEMENT OF JURISDICTION. 3. THE STATEMENT OF FACTS. 4. THE STATEMENT OF ISSUES. 5. THE SUMMARY OF ARGUMENTS. 6. THE ARGUMENTS ADVANCED. 7. THE PRAYER. MEMORIAL ON BEHALF OF RESPONDENT AJEENKYA D.Y. PATIL UNIVERSITY MOOT COURT THE INDEX OF AUTHORITIES-: Cases Referred 1. PT Koshy &anr v Ellen Charitable Trust & ors 2. Maharshi Dayanand University v Surjeet Kaur 3. Dabur India v Colortek Meghalaya PVT. Ltd BOOKS REFERRED 1.CONSUMER PROTECTION ACT WEBSITES · Indian Kanoon · Supremecourtcases.com · SCC Online MEMORIAL ON BEHALF OF RESPONDENT AJEENKYA D.Y. PATIL UNIVERSITY MOOT COURT THE STATEMENT OF ISSUES-: I Was there ‘ deficiency of service ’ from the side of the respondent? MEMORIAL ON BEHALF OF RESPONDENT AJEENKYA D.Y. PATIL UNIVERSITY MOOT COURT THE SUMMARY OF ARGUMENTS-: The рresent appeal filed by appellant under section 41 оf the Consumer protection act, 1986 befоre this state consumer forum stating about the deficiency of services from the side of the respondent’s coaching center. Coaching Classes cannot fall within the definition of ‘Education Institutions’.“Any defect or deficiency or unfair trade practice pertaining to a service provider like ‘Coaching Centres’ does not fall within the jurisdiction of the Consumer Fora.” THERE WAS NO DEFICIENCY OF SERVICE FROM THE SIDE OF THE RESPONDENT. 1. The petitioner has not sent any notice to the respondent before filing a complaint to communicate the Complainant's intentions about the deficiency in services provided by the coaching institute. 2. The coaching institute as guaranteed prepared its students very well by conducting regular classes and time to time mock tests for practice. 3. During the course provided by the coaching institute Rahul never approached the institute with a complaint of deficiency service. 4. The coaching institute only prepares the student well for the CLAT examinations and is responsible only for performance of the students in the tests conducted within the institute. Sureshot coaching institute is not responsible for how the student performs in the real CLAT examination. Hence the respondent deny the contention made by the appellant as there is no deficiency of services from the part of the respondent.That the appellants are putting false contention on the respondent. As the respondent has provided all its services efficiently, all the other students got the successful result. As the sure shot CLAT coaching centre has success rate of 85%. Hence the respondent deny all the contention made by the appellant and the present appeal is not maintainable under the State consumer forum. · Wilful and deliberate concealment of important information, omission, or negligence of acts by seller also comes under the ambit of deficiency of service. · Any act(s), which a prudent seller is supposed to do or is supposed to omit, but deliberately does the contrast, such actions amount to 'deficiency of service'. In this current situation Mr. Rahul himself has mentioned that he attended all the classes and the mock tests which were conducted by the coaching institute which proves that there was no deficiency in service provided by the coaching institute as it has conducted regular classes and mock tests to prepare the students well for the real CLAT examinations. 2. THERE WAS NO INTIMATION VIA NOTICE BEFORE APPROACHING THE FORUM. It is humbly submitted before this honourable commission that it is advisable for the aggrieved party to send a notice to the opposite party before filing a complaint to communicate the Complainant's intentions about the deficiency in service or defects in goods. This notice attempts to settle the dispute without approaching the court, i.e., if the opposite party is willing to offer any remedy for the damage caused. In this case, Mr Rahul did not send any notice to the coaching institute stating his complaint or asking for any remedy. Instead, he simply approached the forum directly for a cause which never happened. Hence it is just wasting the time and money of the court. 3. RAHUL NEVER APPROACHED THE INSTITUTE DURING THE COURSE WITH THE COMPLAINT OF INADEQUATE SERVICES. It is humbly submitted before this honourable commission that Rahul never once put up a complaint to the institute during the course regarding the deficiency of service. If there was any inadequacy in the services, then he should have known them while in the course as he has attended all the classes and attempted all the mock tests. It is quite evident from Mr. Rahul’s statement itself that the coaching institute was doing its best to prepare the students for the real CLAT examinations. 4. THE COACHING INSTITUTE IS ONLY RESPONSIBLE FOR HOW THE STUDENT PERFORMS IN THE TESTS CONDUCTED BY ITSELF. It is humbly submitted before this honourable commission that the coaching institute only prepares the students for the CLAT examinations for which it conducts regular classes and relevant mock tests which make the student well versed to face the real CLAT examinations. However, when it comes to the real CLAT examination, the coaching institute is not responsible as to how the student performs in it as some students are known to have exam fear due to stress because of which they fail to perform well. The coaching institute would have never known this fear about Mr. Rahul, if at all he had any, because he always scored well in the tests conducted by it. Also, the coaching institute only prepares the students for the examination as per the syllabus prescribed by The Consortium of National Law Universities and is not aware of how the question paper might be set. Therefore, the role and services of the coaching institute end when the student enters the examination hall. 5. Promoting one’s institution gloriously does not amount to misleading advertisement The advertisement used here to promote the institution clearly mentions the success rate of 85% and not of 100%. Also, the meaning of success in the advertisement is subjective meaning what the respondent believes to be success is when the impart knowledge to its student and polishes them in a manner that not only it helps them to score in flat but also prepare them to confidently participate and present themselves in future endeavour. Thus the contention made by the Plaintiff doesn’t constitute as misleading advertisement as none of the claims made were misleading in any matter and promoting one’s services gloriously cannot amount to the misleading , as it was held in the case of the Dabur India v. Colortek meghalaya pvt.4 MEMORIAL ON BEHALF OF RESPONDENT 4 ltd. 2010 (42) PTC 88 (del)