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
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.
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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
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.
Hello,
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.
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.
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.
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.
Now if they ready to give admission to my desired university in that case m I able to ask for cancellation of admission and refund of fees ? is it possible to file case in Pune/ Maharashtra consumer forum against the institute which is Indore/ Madhya Pradesh ? They do have branch office in mumbai/Maharashtra...
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
Hello,
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.
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.
- 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.
No. If your desirable university is available then you can not cancel the admission unless the brochure has such option
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
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.
The cause of action took place in your home town.
Hence you can file a suit or consumer complaint kn your hometown itself.
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
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.
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.