It is necessary to peruse terms and conditions of enrolment at the coaching institute
if you are unable to pay second instalment of fees institute is not bound to continue your daughter studies
Expulsion of my daughter from course by a coaching institute due to partial fee payment
My daughter had sought admission in a coaching institute in Pune in March'20. I had paid a fee of Rs. 24,000/- (50%) as the first installment. Since in Covid time, I lost my job, I am unable to pay the second installment. The institute used to call me to pay fee, but I could not. However, upon my writing email today to Rajat Academy, it removed my daughter from the course on the same day. --------------------------- This is what I had written to the director. Hello sir., Good evening, As you know the post-Covid pandemic, the situation has worsened. I have lost my job and am having financial challenges. But I wish to make a few points that do not justify you asking for the balance payment. Note that I have already paid ₹24,000/- as the first installment. 1. The contract between us is for the Offline classroom lectures and not Online teaching. Had I thought of availing Online format of teaching, I would have opted for other online classes such as Byjus, Toppers, etc. at a price around Rs. 10,000/-, which is way too less than even my first installment of Rs. 24,000/-. So, in fact I deserve a refund. 2. I do not blame the institute for not taking offline classes as the govt. does not allow. But this is not my fault. Why would I pay for the services that I have not availed of? Does it seem justified? 3. When the offline classes start, you will be in a position to ask for the proportionate fee. As of now, I am rather at the losing end. I request you not to make calls for fee demand as this is an unjustifiable nuisance. ----------------------- Could you advice on which forum I should raise my plight?
Asked 4 years ago in Consumer Law
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7 Answers
No doubt it is not the fault of the institute too for not able to conduct the offline classes to the students owing to the present pandemic crisis.
However since the institute is ready and willing to conduct online classes, you cannot stake claim for refund because they are ready and willing to offer their services.
But if you insist on refund of the amount paid to them then you can issue a legal demand notice quoting the present pandemic crisis as a reason justifying your demand.
What are the terms and conditions given by the institute in their prospectus, you may go through the clauses properly and find out if there are any clauses in your favor, you may discuss with a local advocate and decide about resorting to legal action against the institute.
- You must move the consumer court
You can try consumer forum. But in some form it bars the educational institutions you need to make out a case that it's a purely commercial activity
Institute is wrong as from March 22, 2020 lockdown was declared and after that up to now coaching is not allowed, so they should adjust your amount in future classes depending upon your wish and if you demand refund they should refund the fees as no physical classes held, later on if they started online classes that depends on wish of the student, as the pandemic situation is not in any body hand then they should proceed as per mutual consent of the student also, so this is called deficiency in service can be sued before the consumer court for the recovery.
Dear Sir/Madam,
You are suggested to serve the legal notice to said institute and further you may file the Writ Petition as well.
You can surely approach the consumer court. Also there is a ombudsman where you can approach.
