• How to back money from upgrad online education platform, and what are the honest chances of getting

My problem: I Paid huge money to Upgrad online education platform, and am about to lose it all for nothing in return. 

Summary of issue with six item timelines is as follows:

29 Nov 2020 - 4.7 lakh paid to upgrad education platform and joined an online course.
30 Nov 2020 - course started
2 Feb 2021 - I asked for deferral (postphone my course), it was approved by them.
6 Apr 2022 - I asked for deferral again, and was given deferral of 8 months, 
1 year exactly: no communication from either side about anything.
6 Apr 2023 - I asked to start from next batch and upgrad refused to start or refund, and closed the "ticket"
Further emails have received unhelpful or adamant responses, 

Basically, my money and education chance is gone. 
Since I joined back in 2020, they have adjusted their policies many times after that, and this is as per their policies.

What are my options in this case, to get back my money, and what are the honest chances of getting my money back?
Asked 1 year ago in Consumer Law

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10 Answers

you only sought deferral of course . it was granted and you sought again deferral . 

 

for refund of money apply to consumer forum against institute seek refund of money paid by you with interest 

Ajay Sethi
Advocate, Mumbai
97294 Answers
7859 Consultations

Hello,

  1. You can send a Legal Notice to the Institute demanding your money back with interest as you had only sougt a deferral and not cancellation.
  2. You are not supposed to be aware of policies that changed subsequently. As a person who soght the services,  you can approach the consumer forum for redressal  or a civil court after issuing the Legal Notice 

S J Mathew
Advocate, Mumbai
3598 Answers
175 Consultations

You have not mentioned the refund policy in your query 

 

in any cases policies are one sided and benefit the online education provider 

 

file case for refund of money 

Ajay Sethi
Advocate, Mumbai
97294 Answers
7859 Consultations

- You can send a legal notice for getting refund of the amount 

- If not positive response, then file a compliant before the consumer forum 

- However, as you have invested the amount , then you can file a recovery suit before the court. 

Mohammed Shahzad
Advocate, Delhi
14676 Answers
224 Consultations

You file consumer case against them for deficiency of service you may get your money bank also criminal case if cheating is applicable 

Prashant Nayak
Advocate, Mumbai
32714 Answers
208 Consultations

The fact is that you had been seeking deferment of the course every time and it was acceded by the organisation.

Hence asking for refund of money at this stage may not be entertained.

However since our money is lying with therm without being used for the purpose, you can issue a legal notice to them demanding to either take you back into the course with the fresh batch or to refund the amount what you paid.

After that you can file a complaint with the consumer forum seeking relief and remedy.

.

 

T Kalaiselvan
Advocate, Vellore
87496 Answers
2348 Consultations

The change of police of the company is not binding on you.

The policy that existed at the time of accepting the payment made by you shall prevail and that the company cannot state that since their policy has changed you will not be eligible for refund or get admitted to the fresh batch.

You can initiate legal action as suggested in y previous post.

T Kalaiselvan
Advocate, Vellore
87496 Answers
2348 Consultations

Dear client,  

It is true that when you entered into a contract with Upgrad, you agreed to their terms and conditions. However, this does not mean that you have waived your rights as a consumer or that you cannot challenge their actions if they are unfair or illegal.

You can explore legal options to recover your money, such as filing a consumer complaint with the appropriate authorities or taking the matter to court. However, the outcome of such legal proceedings is uncertain and can be time-consuming and expensive.

Before taking any legal action, you may want to try to negotiate with Upgrad to reach a mutually acceptable solution. You can explain your situation to them and ask them to consider your request for a refund or a transfer to a later batch. Keep a record of all communication with them, including emails and phone calls, as evidence of your efforts to resolve the issue.

You can also seek advice from a consumer rights organization or a lawyer who specializes in consumer law. They can help you understand your legal options and guide you through the process of seeking redress.

Anik Miu
Advocate, Bangalore
10308 Answers
121 Consultations

the first deferral was on 2.2.21

the 2nd deferral was on 6.4.22 and you were permitted to join the course/batch after 8 months i.e. Dec 2022

on that day it is to be seen whether the next batch of the course was going to start

if not then you would be entitled to join the next batch after the expiry of your 2nd deferral, as and when it would begin

so ideally if you have been denied to join the course and your ticket is closed, you will have to file a consumer complaint 

you have not stated the exact portion from their policy as per which you cannot join the course and would also not get the refund

also in your consumer complaint you will have to make out a case that the policy terms were unilateral and in any event blanket consents which are not binding on you

as regards the 'chances' of getting the money back, that even an astrologer cannot predict

you need to approach a good competent lawyer who will go through the policy and communications between you and upgrad and then build up a case to be filed in the consumer court

however see to it that in attempting to get a refund from upgrad, you dont have to shell out more than what you can possibly recover because your claim amount is quite less and a good lawyer's fees may be beyond that

however you can always claim damages/compensation from upgrad in addition to the refund with interest. 

you will have to prove what loss has been caused to you to entitle you to get damages awarded by the court

i suggest first begin with a legal notice to upgrad and wait for its response and then approach the court

Yusuf Rampurawala
Advocate, Mumbai
7723 Answers
79 Consultations

If a student wants to leave an institute or course midway and is seeking refund of fees paid in advance for the full course, she is legally eligible to get the same.

Law supports student. Send legal notice. You are running out of limitation to file case.

Yogendra Singh Rajawat
Advocate, Jaipur
23006 Answers
31 Consultations

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