This is Amarnath Sanyal, Advocate.
Recently, School Authority are refusing to refund the entire admission fee to the parent of their wards if they request for cancellation of admission fee due to transfer of job of father or got better opportunity in another school etc etc. Schools are only ready to refund the caution money which is so nominal. Hon'ble National Commission has passed several judgements in this aspect for refund of admission fee and also held the school liable for unfair trade practice and/ or deficiency of service.
In the year 2014. Hon'ble Apex Court has passed a judgement in favour of University and stated that Educational Institution is not a service provider and students are not a consumer. This judgement has now become the shield of all educational institution and there are openly refusing to refund admission fee. If we go through the judgement minutely and interpret the intention of the Apex Court in the said judgement, it will transpires something else. The District Forums who are not entertaining this type of complaint in view of Apex Court order is not correct. Aspect is different.
School authorities are appearing before the Forums and misinterpreting the judgement of Apex Court and complaints in self are just mum about the judgements and eventually complaints get dismissed.
Apex Court has passed no such judgements and judicial procedure which will cause more harassment to the parents for recovering of admission fee by filing Money Suit against the School before civil court and let the parent suffers years after years.
In my past I had filed several case against School and College for refund of money and my client got money back with compensation, litigation cost and interest from school. I have again filed another complaint case against very Popular School on behalf of my client and case is still running. The question of jurisdiction arose at the time of filing of complaint case before consumer forum but when I have interpreted the judgement and intention of Apex Court, the President impressed and admitted the complaint case.
This is a post for the awareness of the litigants, readers, to those parents who are facing this type of situation not to insult or defame or degrade or disrespect Hon'ble Supreme Court or Consumer Forums or any other Court/ Forum or judicial or quasi judicial system.
I would request all consumers to fight against corruption and misinterpretation. If you need any clarification about refund of admission fee, you can contact me (+919830303322 after 7PM IST) or send me email at firstname.lastname@example.org
or reply under this post. I will try to reply you as far as it is possible professionally.Amarnath Sanyal
Appointed Counsel of State Consumer Disputes Redressal Commission,