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Author Topic: Inquiry regarding possibility of refund.  (Read 185 times)

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Offline Raunak

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Inquiry regarding possibility of refund.
« on: September 30, 2017, 06:11:41 PM »
I enrolled in a software programming training course, comprising of two modules, in an institute, which is a registered private company. I was told that the training duration is of "two months".

Facts :

1) On the brochure, the duration for module 1 and module 2 is typed as "4 weeks" respectively. So, the
    combined duration as typed on the brochure is "8 weeks" for both modules, which makes it around two months.

2) Moreover, its hand written on the brochure by the institute's head, that the course will take two months. Both
    these points constitute as proof, that the institute is offering to complete the training in two months.

3) It has already been two and a half months and only the first module has been completed. And now the institute
    is saying that there will be a delay of twenty five days before the commencement of next module and it will take
    forty five days for completion of second module.

4) I complained them regarding this development, but to no avail. The complaint was made on phone, no written
    copy of complaint is available.

5) The fees for modules are not mentioned separately in the brochure. I was quoted an amount, which I paid and
    received a receipt on my email account.

6) I would not be making this inquiry if the delay in the completion of the course would have been reasonable
    enough, which would not have disturbed my overall schedule as planned. The time period they are mentioning as
    of now for the completion of course is 2.5 to 3 times the time mentioned in the brochure.       

The institute has failed to complete the training within time, and even with a reasonable time delay.I asked the institute for a refund, calculating it as half of the fees paid, as the first module has been finished. They refused.

Can I get a refund on the fees that I paid to the institute ?

What procedures do I need to follow in order to get my refund ?

Offline adv.amarnath

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Re: Inquiry regarding possibility of refund.
« Reply #1 on: October 01, 2017, 09:07:05 AM »
YOu have not a good case nor your contention of delay is a good cause to file a case against the institution. You cannot leave a course due to its delay in completion of its course. The institution has not said it will not provide you further classes rather it is saying it will take further time.

Now practically I am explaining; If you leave the course in the mid way for delay reason and ask for refund of money. On that event it is very well known to you that institution would refuse to refund. Therefore you have no options except to file a consumer case against them which will take atleast 1 years to dispose of though your case has no merit.

So ultimately you would have wasted double time for refund of money whereas you can complete your course within next 4 months. Considering that the you have no allegation in respect of training provided by the institution
Regards,

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

Offline Raunak

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Re: Inquiry regarding possibility of refund.
« Reply #2 on: October 03, 2017, 01:59:10 AM »
I see. One thing which I forgot mentioning is that there is an online profile of mine in the institute where the course duration is mentioned as being of "nine months". It falls into part 5 of "The Consumer Protection Act"(http://moj.gov.jm/sites/default/files/laws/The%20Consumer%20Protection%20Act.pdf). I think they deliberately misled me.

Offline adv.amarnath

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Re: Inquiry regarding possibility of refund.
« Reply #3 on: October 03, 2017, 05:03:43 AM »
This is not a development agreement where if promoter fails to handover possession within time then it is a deficiency of service....this is an educational system and if training is time bound then it is loss of student. They have good ground of excuse.
Regards,

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

 

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