• Refund of college fees

Dear Sir/ Madam,
I am from pune I have taken admission in the institute from Indore for M.des in interior design (which is mentioned in the brochure and website of institute) during this lockdown without visiting institute.I have paid 60k fees online.Now institute people saying that we can offer course of MA in interior design and it's university will be other and not which they have promised.I cleared them that I don't want to take admission for this course,now they are ignoring my call not responding to my mails and no response to my application for refund of fees.I don't have any documentry proof only transaction from my account for fees.
Please guide me how I can take back my fees.
Asked 3 years ago in Consumer Law

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23 Answers

File complaint against institute before consumer forum seek refund of fees paid by you as it is not affiliated to university promised in brochure 

 

2) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

Serve them with a legal notice and than file a money recovery suit against them.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Send a legal notice to the head of the institution for refund of your fees for a different Course and University.

2.  There's a breach of contract on their part and there is deficiency in service.

3.   You can file in the jurisdictional Consumer Court against the Institute, to enable you to recover your money with costs.

Shashidhar S. Sastry
Advocate, Bangalore
5112 Answers
314 Consultations

5.0 on 5.0

Hello,

  1. You need to engage a lawyer and issue them a legal notice claiming the refund as they are offering a different course than what you had paid the fees for.
  2. You don't need to be concerned about lack of documentation. It suffices that funds were transferred to the institutions account. The correspondence by mail would serve as valid proof.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Yes you can take back your fee. Lodge a complaint against them before the technical education board. Also file a criminal complaint against them for cheating.

After that file a writ petition in the high court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

This is unfair trade practice adopted by the institute. You are entitle to full refund with interest. Send legal notice first for refund. If not refunded, file FIR of cheating for fast recovery. 

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

1. If from your communication or through their brochure or Receipt of payment it's clear that you took admission only for one particular University then if it's no more available then its choice whether to seek refund or continue with another University. 

2 . Therefore send them a email asking for full refund. 

3. If they refuse to do so then you can file case before the consumer forum wherein you would get both refund and damages. 

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

Please file a case before consumer court for recovery money as this is deficiency in service , the document required are your correspondence and payment prooof.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Yes you can file case in Mumbai 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If you are getting admission to desired university then you would not have case for refund 

 

2) since you are residing in Pune case can be filed in Pune 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

Hello,

  1. You can either get a refund or agree to take admission in the University where admission becomes possible or desired by you. As a matter of fact they are bound to provide service offered or reach a settlement mutually agreeable.
  2. You can either file the case in Indore or Mumbai where they have a branch.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

A complaint shall be instituted in a Consumer Forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, arises.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. If they can give you admission to your desired University, then one should look into the clause of refund mentioned in their brochure and prospectus.

2.  You can file in Pune Consumer Court.

Shashidhar S. Sastry
Advocate, Bangalore
5112 Answers
314 Consultations

5.0 on 5.0

- 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.

- Hence, the said Institute is bound to refund your deposited full amount as you have not availed his 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 College /Institute /service provider has refund the amount even on legal notice . 

- Yes, you can file your case from Pune as well. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

No. If your desirable university is available then you can not cancel the admission unless the brochure has such option  

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

You can file the same only if part of cause of action is held at your place. But the new cosumer protection Act gives you power to file case at your address. But the application of the Act is still pending due to gazettte notification. Before filing case against educational institutions kindly check the SC judgement for the same in which there is a contrary view taken for filing of case against educational institutions. 

Kindly check below judgements in detail to ascertain the core function of the said institution being commercial or not. 

Maharshi Dayanand University v. Surjeet Kaur, (2010) 11 SCC 159

[2] Bihar School Examination Board versus Suresh Prasad Sinha”, (2009) 8 SCC 483

[3] P.T. Koshy v. Ellen Charitable Trust, (2012) 3 CPC 615 (SC)

[4] Central University Act, 2009

[5] Bangalore Water Supply & Sewerage Board v. A. Rajappa

[6] N. Taneja v. Calcutta District Forum, 1991 SCC OnLine Cal 241: AIR 1992 Cal 95

[7] Central Academy Educational Society v. Gorav Kumar, (1996) 3 CPJ 230

[8] Oza Nirav Kanubhai v. Centre Head Apple Industries Ltd., (1992) 1 CPR 736.

[9] Jai Kumar Mittal v. Brilliant Tutorials, 2005 SCC OnLine NCDRC 23 : (2005) 4 CPJ 156 (NC): (2006) 1 UC 43.

[10] Bhupesh Khurana v. Vishwa Budha Parishad, (2001) 2 CPJ 74 (NC).

[11] Birla Institute of Technology & Science v. Abhishek Mengi, 2013 SCC OnLine NCDRC 394: (2013) 2 CPJ 681 (NC)

[12] Sonal Matapurkar v. S. Niglingappa Institute, 1997(2) CPJ 5 (NC)

[13] Secretary, Board of School Education Haryana, Bhiwani v. Mukesh Chand of Palwal, 1994 (1) CPR 269 (Har)

[14] Lucknow Development Authority v. M.K. Gupta, (1994) 1 SCC 243

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

The money transaction from your account is a substantial evidence. 

You issue a legal notice to the institution demanding the money paid by you. 

If you don't get any proper response,  you may file a money recovery suit against the institute. 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

The cause of action took place in your home town. 

Hence you can file a suit or consumer complaint kn your hometown itself. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

issue a legal notice through an advocate and  seek refund of fees, if they refused Or failed to reply within 15 days then file a complaint before district consumer court  

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you can file in pune consumer court 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No you have to file it where the institute is located. You may file it in pune if you deposited your fee from pune ie online payment.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. First of all obtain a copy of brochure and website of that institution where course for which your fees was paid is shown.

2. After getting copy of brochure send them a legal notice for refund of money on ground that seat for which fees was paid not available and college is providing seat for different course and university is also different.

3. If they refuse to refund the fees then file suit before consumer forum against college for refund of money along with interest and compensation for harassment suffered. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have acted upon as per the details given by them, and now they have been denying for the same amenities and also not replying in a positive manner.
  2. I would like to apprise you that you should send them a legal notice first for the refund of money and for compensation due to their act of non compliance of their own offers.
  3. If they rely in negotiate or don’t reply then you have an option to approach the civil court of law rather than consumer court by filing a suit for cancellation of your candidature and compensation plus refund of fees plus litigation expenses.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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