File complaint against school before consumer forum and seek orders to direct school to refund your money with interest
2) also claim litigation costs and compensation for mental torture undergone by you
School not refunding fees
Self had taken admission for my kid in Pre-School (1.5 year-2.5 year old) before Covid in January and paid First Quarter fees (April-June 2020) for basically Physical schooling so my kid can have interaction with other kids while learning. Now due to COVID the school never started physically. It started giving Online/Virtual classes for these young children from April. Initially we were told on Zoom meeting by the Principal that we will try this and see how it goes. There was no consent taken from us. We tried the class for 2 days and realized it wont work for our child. So we stopped attending from there on and waited for the school to open for a month or so. Our absence was not noticed by the school. Covid situation was not improving, so we finally decided we will opt out of school and school was informed via email. We requested them for full refund citing the physical school is not opening. School is now denying paying anything and citing a few line policy that there would be no refund once fees are paid. We are arguing the fees are for physical classes and not virtual and we want our money back. Kindly guide how can we take this forward legally.
Asked 3 years ago in Consumer Law
14 Answers
As of now State Government nor Central Government not permitting any school to run physical. and physical school can run from November - December 2020. Here Government has said to Schools not to collect fees or force to pay.
But there is no refund policy of fees. You need to check School admission brochure and and cancellation of admission procedure if there any cancellation clause.
1. in my view you should not have let your ward attended even for 2 days of the virtual classes when you had already decided that you do not want your ward to attend any virtual classes. If you were determined to not allow your ward to attend the zoom sessions, then you ought to have informed the school in the first instance itself and there would be no question of any consent as such
2. in this case you tried the class for 2 days and then abruptly decided to not let your ward attend any further classes. It appears you did not even notify the school that henceforth you will not make your ward attend the online class
2. as regards refund of fees, you will have to check the admission letter whether it contains any such no refund policy as communicated to you
- It is well settled law that any service provider like the training institutes, educational institutes/schools or College /university cannot be allowed to forfeit the fees or consideration received in advance in case the student has not availed the service.
- Further, the clause that the Course/Registration fee once paid is not refundable is unconscionable and unfair trade practice as well as voidable and therefore not acceptable.
- Since, you have paid the fees for physical classes and not virtual and hence , you are legally entitled to get full refund the paid amount.
- Hence, the said pre school is bound to refund your deposited full amount as your kid has not availed the services.
- Further, the denial of refund of deposited amount is also against the public policy and hit by the provisions of Indian Contract Act,
- You should issue a demand notice, and on refusal the same file a complaint for the deficiency in service under the Consumer Protection Act.
- I have done many such cases , where the school /college /Institute /service provider has refund the amount .
Take notice of the admission advertisement as regards admission and school fees.
In most cases the amount is non refundable and this school doesn't seem to be an exception.
Si I don't think you have any merit in refund. As at the time of admission of the child due to online class out of Covid situation the school is not responsible to return your money.
Serve them with a legal notice and than file a specific performance suit against them for asking them to refund the fee
Online line classes are not mean for pre school kids. You are entitle to full refund or adjust with next year fees. Either complain to director of education or send legal notice or both.
First send them a legal notice and later if not given you have many forums to seek the refund from them
Please issue legal notice for refund of fees.
In case not refunded, file recovery suit against the School based on receipt of payments to School.
You first of all send a legal notice intimating your decision to withdraw your child from the previous school admission and demand refund of the fee paid by you so far because it is not possible for the president school child to attend the virtual schooling session.
Moreover government has clearly passed instructions to not to conduct virtual school for children up to 5th standard.
After that you may resort to legal action for recovery of fee through court of law.
The school here is forced to conduct the online classes and in no situation they are entitled to refund if you suddenly changes your mind/ or did not like the way of teaching which they have to choose because of the situation . Your claim will not sustain before the court of law.
Regards
We would advice you to send a legal notice through a lawyer to the school authorities demanding back the payment of the admission fees.
As per our experience you should be able to get your payment back from the legal notice only.
But if you are unable to recover your payment from the legal notice then you can file a suit for recovery in the concerned civil court.
1. You can file case before consumer forum against school to claim full refund of your fees along with interest.
2. Before that you can send a legal notice to school for refund of fees paid.
Dear sir,
You are suggested to serve a legal notice for refund of the fee and and if the fee is not refunded by the school, file the case in the court for the same.
