I am a student of Upgrad online MBA part time( 12 months IMT PGDM and 5 months MBA Liverpool) I was charged (129000+230000) before starting of course in full. After starting I came to know it is not a part time. I need to invest so much time to pass with acceptable grades for jobs. As I live in canada and lost job in pandemic I couldnot afford to spend more time in this. As I started in June 2021 , I emailed Upgrad on Nov 2021 saying I need to dropoff. There was no phone to contact and no-one ever emailed back for 2 months. After emailing thrice and mentioning I will go to court they replied. They charged me in full, holded all money and stopped contacting or replying me. They say they willnot refund 129000 but 90% of 230000 they will refund. I have used only half of the 129000 and nothing of 230000 as it starts after passing the first . Is there any law to get my full refund or atleast half of 129000? Please guide me how to get full refund
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It is necessary to peruse terms and conditions of enrolment of course to advice
you have taken some online lectures for period June -November 2021 and institute is not bound to refund your full fees
3) take the refund offered under protest .
4) contact a local layer for filing case before consumer forum
What was the representation made to you regarding the tenure and timing of the classes before you enrolled for the course
Can you please share an extract from their brochure where the above details are stated
Also you say that you lost your job in pandemic...what has that to do with the course and you being unable to pursue it since you had made the payment to Upgrad in advance right ?
When you say that you have used only half of 129000, what does that mean ? Can you please inform how many recorded and live sessions were made available to you under this 129000 and how many of them did you use ?
Send them a legal notice. If they do not respond then file a case against them for fraud and cheating. It has to be filed where you live.
Dear Client,
For any suggestions, we will need to go through the terms and conditions of enrollment, and was the course at the time of enrollment represented to you as part-time?
Thank you
Hi 129000 is for PGDM 12 months course. I have taken exactly half of it. I just want to know could I demand them 50% or 40% of 129000? I have paid in full but I took that money from my friend, which I am paying him monthly. Please advise if there is any law stating that I could get refund of unused services if paid in full.
You are entitled to proportionate refund
2) clause "fees once paid is not refundable" has been held to be unconscionable and voidable”. State commission directed all educational institutes not to charge fees for the whole duration of the course in advance by way of lumpsum payment.
3)when a student signs the admission form, he has no bargaining power to negotiate, or refuse to sign any particular clause in the admission form. Hence, these clauses should not be held against the student.
That is the law. In fact what they have done comes under cheating. In India tgis offence is mentioned in the Indian penal code.
Based on their reply you issue a legal notice to them through a lawyer demanding the return of your fee paid but not utilized owing to the reasons stated already in your earlier communication.
If they still refuse you may resort to legal steps to recover the amount.
The conditions of the contract in this regard is not known hence no concrete opinion can be rendered in this regard.
However that will not stop you from sending a legal demand notice to the institution.
This would depend on the terms of enrollment
The refund or dropping out of the course would be governed by the enrollment policy and terms and conditions
You must have filled application form and also accepted their terms
Please check from that what is given for seeking of refund if the candidate drops out in between
There is no law as such for refund
It's a matter of contract
If the contract (that is the enrollment terms accepted by you at the time of enrolling) says that refund is not envisaged then you cannot claim that refund as the contract terms will prevail unless you can prove that you are a victim of misrepresentation, against which you will have to file a consumer court complaint
You need to fit your case under consumer protections Act for seeking refund in above case
Dear client,
To provide any suggestions, we'll need to know the refund policy of the place. Further, the law only provides remedy in cases of fraud or sub-standard services. Can you elaborate more in that aspect?
Thank 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 full services for getting the said course completed , the the Upgad is under obligaion to refund the entire amount legally.
- 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 .
