• Admission in private medical college

I paid money to a private medical college in pretext of admission under management quota. Since college could not be recognized by MCI, admission was not possible. Money was paid through RTGS into the accounts in the name of College Chairman. Despite several requests college is not refunding money. Shell I file a complaint in consumer court or report it to police for duping.
Asked 8 years ago in Business Law

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

1) file police complaint against chairman of college for cheating , criminal breach of trust under section 406, 420 of IPC

2) also file complaint before consumer forum and seek refund of money paid by you with interest

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

if you want your money back you have to file police complaint / complaint before consumer forum .

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. File a case beofre the consume forum to get back your money.

2. Since admission was not complete due to lack of permission the college is bound to refund the whole amount.

3. In the consumer forum you will not only get back the whole refund but interest and damages as well.

All the best.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. you should file a criminal case under section 420 of IPC.

2. when he knew about affiliation he was bound to disclose this fact before admission.

3. he has criminal intention to commit fraud by suppressing this fact, because if he disclosed this fact no students take admission.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4. imparting education comes under consumer forum but in your case no service was given to you hence you cannot prove yourself as consumer.

5. when criminal offence has been committed then consumer court is debarred from taking cognizance.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1)police complaint will have to be filed IN Guna MP as donation was given in Guna

2) you can also file complaint before consumer forum in Guna

3)your case should be that you were forced to pay donation to the Chairman for seat in management quota

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. First of all lodge a police complaint against the Chairman of the college for collecting huge amount of admission fee for admission under management quota when his college is not recognised by MCI.

2. If police refuses to act, file a Writ Petition against police action seeking justice.

3. Simultaneously, you can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the entire amount paid by you with interest, huge damage and also cost.

4. It is a good case to win.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Consumer forum can be filed within the area of college but FIR can be registered at your place.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Your complaint should be drafted carefully and it should be mentioned that he had assured you to get admitted legally.

2. You need not mention about Management Quota and complicate things.

3. Take steps as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. It should be filed at a place where the cause of action arose i.e. where the college is situated.

2. Do not mention that you have paid the donation of your own. State that the chairman promised you admission legally in to his college for against payment of the said amount which you have paid as directed by him.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You first create a record or evidence by sending a legal demand notice demanding the refund/return of the money you have transferred for the purpose.

On failure to get a proper response or non compliance of the demand made, you may decide to either approach police with a criminal complaint or the civil court for filing money recovery suit.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Is it OK to start legal proceeding in this case or shell I not since it is illegal to pay money for admission under management quota.

You are demanding back the money given to the college hence there is no illegality in it.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Where to file a complain in Consumer forum or FIR with police, at my place of residence or within the jurisdiction area of College. Since I live in Kanpur(UP) and College is situated at Guna (MP). Also can there be any charge against me for paying donations for admission in medical college.

Since you have transferred the amount from your bank situated in your own town, the cause of action may be at your place itself.

First issue a legal notice demanding return of your money and decide after getting reply or response.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. Were you aware at the time of applying to the medical college that it was not recognized by MCI? If the answer is yes then no criminal case is made out, but this does not stop you from filing a complaint case in the consumer forum to get the refund of money with compensation.

2. You can file the case where the money was paid from or where the college is situated.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer