Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: Nursery school admission fees refund  (Read 4994 times)

0 Members and 1 Guest are viewing this topic.

Offline Indian12345

  • Newlaw
  • *
  • Posts: 1
  • Karma: +1/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Nursery school admission fees refund
« on: December 06, 2014, 11:12:34 PM »


Hi,


I had sought my kid's admission in one of the schools in month of Feb (by paying the admission fees & term fee) and subsequently asked for cancellation of admission in month of March. The school rule says they cannot refund the fees due to their policy which was written in the admission form "Admission fees is non-refundable". I had cancelled the admission well before start of their academic session (in April/May). My child did not even attend the orientation session or any class.

Since they did not refund me the fees I filed a complaint in Consumer forum. There were many judgements in similar cases given by Consumer forum :

 

http://www.deccanherald.com/content/444520/refund-fee-consumer-court-school.html

 

http://www.bangaloremirror.com/bangalore/others/Refund-fee-Consumer-court-to-school/articleshow/45303559.cms

 

http://www.dnaindia.com/pune/report-consumer-forum-asks-school-in-pune-to-refund-rs43000-fee-to-parent-1794305

 

I had a hearing few days back where their lawyer also appeared. Their lawyer said that they did not get the "vakalatnama" and so the judge postponed the case to next month. I was present in hearing and could not understand what that meant. I am myself appearing for my case and there is no lawyer on my side so how and why is vakalatnama needed , and why did the judge did not tell that vakalatnama was not needed.

Also please help on how I pursue this case further, so that it is completed as soon as possible.

Thanks.

Offline advshelly

  • Jr. Legal Expert
  • **
  • Posts: 59
  • Karma: +2/-1
  • Advocate Shelly is a Top Notch Learned Council
    • View Profile
Re: Nursery school admission fees refund
« Reply #1 on: December 07, 2014, 11:28:49 PM »
vakalatnama is essential for a lawyer to act and plead on. Behalf of his client.

in your case it is not required cause you are yourself pleading your own case.

Advocate Shelly is a Top Notch Learned Council

Offline neeraj326

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Nursery school admission fees refund
« Reply #2 on: January 20, 2016, 04:21:13 AM »
Sir My case is similar but Gurgaon consumer forum is not accepting my case, they say SC has ruled in 2011 that Education is not an service hence they will not take cases related to education

Offline indranilx

  • Newlaw
  • *
  • Posts: 4
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Nursery school admission fees refund
« Reply #3 on: January 21, 2016, 04:29:27 AM »
In my case the consumer grievance redressal forum  kolkata told me the same thing. I have not yet approached the court. But it seems from recent judgements of consumer court that the court will take same stand.

Offline navitasharma

  • Newlaw
  • *
  • Posts: 5
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Nursery school admission fees refund
« Reply #4 on: May 18, 2016, 09:03:17 PM »
In my opinion, itís essential to get some information about the school before getting your child enrolled there.

Offline riteshmaity

  • Sr. Legal Expert
  • ****
  • Posts: 109
  • Karma: +1/-0
  • Labour Law Advocate in Kolkata
    • View Profile
    • Labour Law Advocate in Kolkata
Re: Nursery school admission fees refund
« Reply #5 on: May 19, 2016, 10:29:54 AM »
In my case the consumer grievance redressal forum  kolkata told me the same thing. I have not yet approached the court. But it seems from recent judgements of consumer court that the court will take same stand.

There are judgments which says that you students are not consumer and education does not come under the purview of CP.

Do you mind which forum has refused to admit your case since I am from Kolkata. Most of the time these forum accept the case and do not refuse so during admission.
Linkedin - https://in.linkedin.com/in/riteshmaity
Labour law blog - www.labourlawhub.com
Email - ritesh.k.maity***at***gmail.com
Phone - 91-983-667-9309

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1244
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Nursery school admission fees refund
« Reply #6 on: May 20, 2016, 04:33:04 AM »
Yes, it is very unfortunate that Supreme Court has said Education Institution is not service provider and on that basis no case is being taken up.

If any lawyer is appearing on behalf of any person than vakalatnama is mandatory and for same undertaking can be given to the court for filing of same on very next date. This is a lenient view of consumer forum. So, you need to be worry about same neither protesting or arguing on such topic will divert you from your goal as well as wastage of time. It will also irritate the president and members of forum. SO proceed with the matter accordingly. 
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 513
  • Karma: +14/-12
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Nursery school admission fees refund
« Reply #7 on: May 20, 2016, 05:33:21 AM »
Dear Sir/s

I agree that educational institution do not come under CP Act. At the same time i have come across couple of cases, where schools and collages were directed to refund the fee. Please approach a lawyer, who can do some research on this aspect and file a case i think.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1244
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Nursery school admission fees refund
« Reply #8 on: May 23, 2016, 08:07:56 PM »
Mr.Bansal,

I have also filed a consumer case on behalf of a student against Calcutta Institute of Technology in the year 2013. I won the case and Consumer Forum has passed order to pay Rs.1 Lac something with interest to the student for their deficiency of service. But now a days State Commission, West Bengal is not entertaining these type of complaints due to same.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 513
  • Karma: +14/-12
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Nursery school admission fees refund
« Reply #9 on: May 27, 2016, 05:51:24 AM »
Dear Mr. Amarnath,

I agree what you are saying. Recently i had filed a consumer court case in noida for refund of fee and that was allowed despite various order against in this regard,

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1244
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Nursery school admission fees refund
« Reply #10 on: May 27, 2016, 07:12:54 PM »
I am actually waiting for such type of clients with same type of case. I think NC has passed an order that Institutions are not service provider but from my legal sense, I say if Institutions are not service provider then at a same point of time it should not be a profit earning society. Basically, complainants make party to the HOD, Principle or School and for which they are taking advantages of such pleading. I say that President or Secretary of Institution should be liable for making profit earning society instead of welfare of students, who are the future of India.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2016
Get Free legal Advice here from top notch lawyers in India