• Private institute in Delhi suspended my daughter

She was suspended in 2018 due to low attendance. Had just recd a mail in my Inbox from Parent College. Screwed up her career. They are ready to take her back with additional 4 lacs for 3rd year and will do so only starting 2020. So her 4 year degree completes in 2022. Extreme damage for no fault of hers. The fees is very high approx 3.75 lacs per annum. Has been paid till 3rd year and I cannot pay the same amount again.
I hope there is some law to help students and parents of these money sucking private institutes.
Extreme damage to her already done and I have lost faith in this college. So, I want them to pay for the damages caused and need my money back.
Thanks
Asked 5 years ago in Consumer Law

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29 Answers

You would not get refund as your daughter was not permitted to give exams due to low attendance 

 

2) you can inform college that fees for 3rd year has been paid and question of additional fees does not arise 

 

3) you can take transfer certificate and admit her in another college 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Dear Sir/Madam,

You are suggested to serve a legal notice for damaging career of your child and ask for compensation of mental agony, harassment etc. apart from money paid by you along with interest.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. On what basis has the fee of 4 lacs been calculated by institute? If the fee till 3rd year has been paid then there has to be some rationale in demanding 4 lacs?

2. Serve a lawyer's notice to the institute to protest the arbitrary and usurious sum demanded by the college and also demand that  your daughter be allowed to resume her education from where she left.

3. Writ Petition can be filed in the High Court if your demands are not met.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. You have an option of filing a Grievance Petition before the local Consumer Court, against the College /Institute, for their  illegal trade practices, negligence, deficiency, harassment etc.... with supporting documentary evidences and claim damages & compensation for the financial losses and for the mental & physical trauma being caused to you.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can send a legal notice to college  as they are just extorting money by making low attendance as a medium and moreover during the current scenrio when the colleges are advised not to even take the tuition fee they are demanding Rs 4 lakh by keeping your daughters future at stake. 

Send them a legal notice. 

The next best option is approaching the High court for filing a  Writ petition.

just make sure that you also have a reason for the low attendance with you to just have a good ground.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

You can take the help of https://studentforum.co.in/ and register your complaint there all your query will get sorted out online. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Its not clear the name of the Board or the University under which she is pursuing the studies. 

So check the Rules of the University to find out the guidelines on suspension of a year on low attendance. 

If you find the infraction of the said Rules then you must challenge the action of the Institution bh filing a writ petition in high court. 

Apparently the conduct of the Institute seems illogical and unjustified. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You can try filing a case before consumer forum for compensation and damages for deficiency of service

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

- As per Supreme Court judgement , 5 per cent attendance is mandatory in education at all levels.

- Hence for stops her session due to low attendance without any sufficient reasons  by your daughter cannot be termed as illegal.

- However, as per Delhi High court judgement , there can arise certain unforeseen situations and exigencies where a student may not be able to attend his/her classes and medical ground is one such exception which can be considered by the universities and institutions.

- Hence, if your daughter failed to attend the classes due to any sufficient reasons like medical etc, then you should move a application for allowing her continue in the session. 

- Further, the suspension from the course and demand of hefty amount in the garb of re-admission is against the law. 

- And further , if your daughter failed to attend the classes due to some other faults of college , then the Institute is is bound to refund the deposited amount as \per law.

- It is well settled law that any service provider like the training institutes, educational institutes/schools or the coaching centres cannot be allowed to forfeit the fees or consideration received in advance in case the student has not availed the service. 

- Issue a legal notice to the institute . I have done many cases on this ground. 

- You may contact me via kaanoon,.com 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

College rightly suspended her due to low attendance.They have authority and rules, how to deal, cases of low attendance. But Demanding money to adjust the low attendance, is unfair and taking advantage of beneficial position.

But you should have taken step in 2018, no what use, maximum you may get waiver of amount but cannot compensate year. 

Complain to UGC for waiver of unwanted demand and readmission.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Hello,

 What is the name of the college ? 

To which university, the college is affiliated to?

 We will have to go through the bye laws of the university in order to file a case. 

Share the details so that appropriate advise can be rendered to you. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You are apparently very late to send legal notice.  Maximum you can avail, demand waiver. First request letter to Parent University for waiver of demanded amount. 

And also check if demand is raised by evoking any university rules. Without any such provision in Uni. rules, such demand is gratification.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Sending a notice would not do. File a case as advised earlier. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

I can review your legal notice letter. kindly align call with me. I will guide you further. if you have taken a step to send a legal notice to college.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) legal fees for sending legal notice are displayed on website 

 

2) you have to select advocate fir sending legal notice 

 

3) make payment online and then contact lawyer 

 

4) you can seek phone consultation online for discussing the case 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Sir 

The average cost of sending a legal notice may vary from lawyer to lawyer, the Aproxx cost can be around 4k to 7k, 

You can discuss anything after booking a call.

Having a medical document regarding the same is a substantive evidence.  

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

- You have a fit case , as i said above on the ground of medical reasons.

- Legal notice fee depend upon the lawyer , to whom you select. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

Yes you can go ahead as stated 

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

Respected sir...

I am from Haryana working as a lawyer in Delhi you can call me for further assistance I will help you at minimal price ...you have to send legal notice as soon as possible and initiate legal proceedings against them ...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Charges of legal notice depends on the particular lawyer you choose to do the same.

Univ name is not required before you finalize the lawyer. 

Draft can be reviewed over call

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

It costs between Rs 2,000- Rs 4,000. there are number of expert lawyers in this website from delhi having good ratings, you can contact. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Fee for sending the legal notice varies from lawyer to lawyer. 

 

you may opt for the service o document review, if you want us to review the document. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

A case must be filed for such a high fee and if she was suspended then a show cause notice must have been given and answer sought. File a case in the consumer forum.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you opt for consultation then the advocate you select will go through and help you draft the letter.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Cost will be the fee of your lawyer. We cannot predict it as the lawyers do not have a uniform fee structure.

2. The letter will serve no purpose. Don't waste your time sending it. Serve a lawyer's notice.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

She was suspended in the year 2018. What were you doing till now without getting the suspension order cancelled?

Since the fault is on your side how can you blame the school authorities for this lapse on your side. 

The school may be following the rules as prescribed in the prospectus,  which you are bound to adhere. 

If you are aggrieved then you should have mentioned the proper reason which was the cause of your grievance, so that proper opinion and suggestions could have been made. 

You may revert with details in order to guide you with legal solutions. 

 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Once you decide to take legal steps then it will become a never ending story. 

You may have to spend money,  time and energy,  that too there's no guarantee for a favorable result. 

The cost for issuing legal notice shall be intimated by the lawyer you may choose. 

For all your subsequent questions you can very well choose an advocate from this forum for consultation. 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

1. You should send a legal notice to college and university for refund of fees due to illegal suspension.

2. If they refuse to refund the money then You should file suit against that college for illegal suspension of your daughter and ruining her career.

3. Claim losses suffered due to this suspension and fees paid till date with interest.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

DEAR SIR,

The cost of notice depends on the advocate engaged by you. As you might have come to know, this forum will appoint you advocate of your choice under the section of talk to lawyer on your request and the needful suggestion would be provided by that concerned advocate. Please be sure that it is never a luring or solicitation on our part, but only the advice for your clarity of the system. The notice sent by you is not the legal notice, rather the notice sent by advocate is treated as legal notice under section 80 of Civil Procedure Code.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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