file case against school before consumer forum seek orders to direct school to refund fees paid 

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

I advise that the school is liable to pay reasonable compensation to the complainant for non-performance of the contract of admission of their son as the complainant revoked the contract before school started. The complainant can approach consumer forum or civil court to get legal remedy.

Hello, 

1. School cannot altogether confiscate the entire amount on such illegitimate manner,  you need to be refunded.
2. Get a legal notice issued to the school seeking refund.
3. If the school did not budge still,  you can take them to court for the refund.

The clause as no non refunding of any amount paid amount of “unfair contract” under Section 2 (46) of new Consumer Protection Act, 2019. A student is consumer within the meaning of Act. Issue them a lawyer's notice  seeking refund with interest and thereafter file complaint  in District Consumer Commission  at the place of your residence. Under the Act place of residence of complainant is place of jurisdiction. You will get refund with interest, compensation  for mental harassment, cost of complaint and Advocate’ fee.

You can give a complaint about this to the concerned district education officer or issue a legal notice demanding the refund.

If the school authorities don't respond then you can file a suit for recovery of money on the basis of the receipt held in your possession.

Dear Sir,

you may approach the higher authorities in education department and make it viral.

You would be bound by the terms of the agreement you and the school entered. Getting refund even after approaching court would be not possible.

You can file a complaint to the education ministry in the same and also file consumer case in court if the said matter comes under service provided by school because in some judgement it is rules that education is not business 

Dear client,  

Based on the information provided, it appears that the school has imposed a non-refundable fee on the part payment made by you. Non-refundable fees are typically charged to cover administrative and processing costs and are intended to provide certainty to the institution about its revenue stream.

However, it is also important to note that such fees cannot be arbitrary and must be reasonable and proportionate to the actual costs incurred by the institution. In addition, non-refundable fees must be disclosed to the parents or students upfront, and there should not be any hidden clauses.

In your case, if the non-refundable clause was not disclosed to you before you paid the fee, then it could be argued that the clause is unfair and may not be enforceable. You may want to consult with a lawyer to explore your legal options in this regard.

Further, as you have conveyed the withdrawal of admission before the school began, you may argue that the school has not incurred any costs for your son's education and therefore holding the fee is unjustified. You could write to the school, stating your position and requesting a refund. If the school does not respond, you may consider filing a consumer complaint with the relevant authorities.

It is important to keep all records of communication with the school, including emails, receipts, and any other relevant documents, to support your case.

- 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.

- Further, the denial of refund of deposited amount is also against the public policy and hit by the provisions of Indian Contract Act,

- Since, your son has not availed the services after not attending the classes , then the said school cannot refuse to refund the entire amount. . 

- 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 School/College /Institute /service provider has refunded the amount .

Hello, 

The school's policy regarding refunds should have been communicated to you before you paid the fee. If the school did not inform you about the non-refundable policy beforehand, you may have a case for a refund. You should review the school's enrollment agreement or contract to check for any policy regarding refunds. If it doesn't mention any non-refundable fee, then you should contact the school again and request a refund citing the absence of any contractual provision to justify withholding the fee. If the school does not respond, you may consider seeking legal assistance to help you recover the fees.

Regards