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Author Topic: Re-fund of school fees  (Read 1328 times)

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Offline indranilx

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Re-fund of school fees
« on: September 09, 2015, 11:52:46 PM »
Hi,
i admitted my child in a school in kolkata. I cancelled the admission 2 months before starting of session. Now the school is refusing refund of the fees, referring to their non-refund policy. Can i go to consumer court ? someone told me today that as per latest Honorable Supreme court order , school doesn't fall within scope of consumer court. I have to go to civil court. Is it true?

Offline adv.amarnath

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Re: Re-fund of school fees
« Reply #1 on: September 10, 2015, 12:14:27 AM »
Those who are saying the School is not falling under the Consumer Act, I will say they are definitely not uptodate with the laws of land. I have did lots of school and college case. There are bound to refund the admission fees.

Let me explain you one of my case which I won last year against the The Calcutta Institute of Technology. This matter was specially referred to me by the President of Consumer Forum. The student got admission with an admission fees of Rs.60000/- for a semester. He attended class from 15 days, then he got better opportunity to another Engineering. So he asked to refund the entire admission fees. College denied. Then he filed a consumer case which I had drafted. After a strong argument, the boy got order to refund the entire admission fees with a compensation of Rs.50000/- with interest and Rs.5000/- for litigation cost. 

Series of judgement has been passed by the Consumer Forum to National Commission in this regard.

For further clarification and advice/ suggestions in details, you can contact me.

Regards,

Amarnath Sanyal
Advocate
State Consumer Disputes Redressal Commission, Kolkata.
Mob - 09830303322
Regards,

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

Offline indranilx

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Re: Re-fund of school fees
« Reply #2 on: September 10, 2015, 01:03:13 AM »
Thank You Mr. Sanyal. I cancelled the admission 2 months (Approx.) before the session / class started, in writing. The school got fair opportunity to fill up the vacant seat, which they have not denied. Now they are trying to forfeit the fees stating their policy “FEES ONCE PAID WILL NOT BE REFUNDED”. It seems they are trying to get doubly rich by doing so. They have sent me a letter stating the same.
« Last Edit: September 10, 2015, 01:06:00 AM by indranilx »

Offline adv.amarnath

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Re: Re-fund of school fees
« Reply #3 on: September 10, 2015, 07:30:54 AM »
I would say that you have a very good consumer case. If you have enough documents to show then surely you will get order but be careful as the school appoint lawyer who will try to dismiss your case on technical point as well as on law point.

For further clarification and advice/ suggestions in details, you can contact me.

Regards,

Amarnath Sanyal
Advocate
State Consumer Disputes Redressal Commission, Kolkata.
Mob - 09830303322
Regards,

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

Offline indranilx

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Re: Re-fund of school fees
« Reply #4 on: November 05, 2015, 02:06:58 AM »
Hi,
If am confused, i saw a lot of judgements which says:
 "In view of the judgment of this Court in Maharshi Dayanand University vs. Surjeet Kaur 2010 (11) SSC 159 wherein this Court placing reliance on all earlier judgments has categorically held that education is not a commodity. Educational institutions are not providing any kind of service, therefore, in matter of admission, fees etc., there cannot be a question of deficiency of service. Such matters cannot be entertained by the Consumer Forum under the Consumer Protection Act, 1986. "

In  the cases related to education are getting dismissed, stating education does not come under consumer court. Below are two cases for ready reference:

1) http://164.100.72.12/ncdrcrep/judgement/40141125151730201907%20FA%202013.html
2) http://164.100.72.12/ncdrcrep/judgement/40141209152421254585%20FA%202013.htm

My question is :
1) Does education come under consumer court ?
2) If yes, is there any latest judgement which states the same.



Regards
Indranil Dutta

Offline adv.amarnath

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Re: Re-fund of school fees
« Reply #5 on: November 07, 2015, 09:45:29 AM »
Absolutely educational place falls under consumer forum jurisdiction and there is an uniform rules and guidelines chalked out by the National Commission, New Delhi. I did same related case and it was successfully succeeded and the student got 1 Lac compensation. It was a case against Calcutta Institute of Technology.

If you need judgement or for consultation in details, you can contact me.
Regards,

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

 

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