File complaint against company before consumer forum and seek orders to direct the company to refund your money with interest as you have not taken the course
also seek litigation costs and compensation for mental torture undergone by you
Refund related to the services not availed
In the month of January 2023, my wife and i enrolled in a hybrid program in upgrad. According to that program we will be doing 6 to 8 months of course which is already designed by the IIT banglore for our respective courses opted. Later on we will be going to the US to do master's. My wife enrolled for Master's degree in Cybersecurity from Yeshiva University , USA, and I enrolled in the Master's program in Data Analytics from the same institution. We took a loan of 6 lakhs Upgrad's lending partner, Avaneese. The interest component alone on this loan amounts to almost 2 lakhs. However, due to unforeseen circumstances, including financial reasons, health issues and mental strain related to family matters, we had to discontinue the abroad program and opt for only advanced certificate program(ACP - IIIT banglore curated) instead. During our enrollment, we had paid a total of 2,75,000 INR for each course, considering the abroad program fees. In light of our current financial situation, we humbly requested Upgrad a refund of the remaining amount paid for the courses. The current cost for only ACP in cyber security course from IIIT Bangalore is 99,000 and ACP in data science course, from IIIT Bangalore is1,20,000. So the remaining amount of (1,75,000 + 1,55,000) we have asked for the refund. But they are saying once the batch starts they cannot provide the refund and it is already mentioned in the terms and conditions section of our offer letter, but what iam arguing is, yes the batch has started for the above mentioned courses, so we will continue those but the remaining amount that you are charging for masters related services like, LOR, SOP, interview and VISA preparation and university application and several other services we did not took those. We have informed that we are dropping out of the masters progrem within one months of the batch start itslef. Still the Upgrad team is saying the same thing of not providing the refund. I even mailed the founder also, he is also saying the same. For me (1,75,000 + 1,55,000) plus the interest is almost 1,70,000 which is combinely 5,00,000 is not a small amount. This pushed me years backwards. The financial burden we are currently facing is overwhelming. We are barely able to meet our daily expenses, and the remaining amount paid towards the courses would significantly alleviate our financial strain. It would provide us with some much-needed stability during these challenging times. This is my issue, iam genuinely facing mental trauma because of this.I am experiencing several sleepless nights because of thus huge shock. Not only my wife and I, there are several people who are facing the same issue. Their terms and conditions are not at all favourable to the student. P.S. according to them in one of their email they told that the extra amount they are charging is for their services given at the time of SOP LOR University application and several others. But i haven't taken any of those
Asked 12 months ago in Consumer Law
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9 Answers
You have two options, one is by filing a suit for recovery of balance of amount in the basis of the excess amount held by them despite you having changed the course with their consent.
The second option is to drag them to consumer redressal commission for deficiency in service, unfair trade practice and compensation.
But you issue a legal notice through a lawyer demanding return of the excess amount held by them without any authority.
Hi Sir, We had taken only the course that has been taught by IIIT Banglore and their costs i have mentioned in the question. They are charging the remaining amount for the services that they will offer during SOP creation , Lor creation, visa interview preparation, University applications etc. But we haven't taken any of those services. Also iam not asking for the refund for the course that we took from IIIT Banglore. I'm only asking for the remaining amount. But they are saying even we took only IIIT Bangalore course they cannot provide refund for remaining amount as it is mentioned in their terms and conditions saying " once batch starts no refund is provided" . How can I go ahead. Please help me
Asked 12 months ago
Terms and conditions of contract are sacrosanct
once you have signed the terms it is binding upon you
you would not get refund if course has started . Had you dropped out earlier they could have given seat to another student
Hi, you have to approach consumer court for not refund the amount. OR you can file a suit for recovery of money.
Certain services running over period of time are offered by service provider. You are not interested in availing full service and you are seeking proportionate refund. There is clause in the agreement against any such refund.
This is “unfair contract,” in terms of Consumer Protection Act, 2019 as refusal to refund payment for unavailed service tantamount to imposing penalty on the consumer, for breach of contract which is wholly disproportionate to the loss occurred to service provided due to such breach. This is the law. Provision of law prevail over private agreement. This is fit case of submitting consumer complaint in District Consumer Commission. Issue a lawyer's notice seeking refund subsequent to withdrawing from the program and file a complaint under Consumer Protection Act, 2019. You will get refund with interest, cost of complaint, compensation for mental harassment and lawyer’s fee for sure notwithstanding any clause to the contrary in the agreement .
- As per law, any service provider whether online or offline, cannot be allowed to forfeit the service fees or consideration received in advance in case the consumer has not availed the service.
- Further, the clause that the service fee once paid is not refundable is unconscionable and unfair trade practice as well as voidable and therefore not acceptable.
- Hence, the said service provider Upgrade is bound to refund your deposited amount if 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.
- You can contact me for more suggestions to get refund the paid amount.
Dear client,
Sorry to hear about your situation, The Consumer Protection Act, 2019 safeguards consumer rights in India. Unfair practices may be contested even though terms and conditions are legally obligatory. The Act's Section 2(47) provides a precise definition of "unfair trade practices." You could claim that Upgrad is engaging in unfair trade practices by refusing to reimburse you for services you did not use, particularly if you notified Upgrad of your intention to withdraw within a month of the batch beginning as per their conditions. Customers have the right to file a complaint about product or service problems under Section 18 of the Consumer Protection Act. Given that you did not use the additional master's-related services for which they are charging, it appears that your case involves a lack in services. Think about submitting a complaint, along with proof of your correspondence and the services you didn't use, to the relevant consumer dispute redressal forum.
Hope this helps you.
You were advised to issue a legal notice and then follow it by the options given before you.
You may consult an advocate and proceed as suggested on all such further issues.
You can file consumer complaint and get refund if he is service provider
