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Sameer Goyal (as)     08 July 2012

College not refunding fee after surrendering seat

r/sir/madam

please help me!!!

i had taken admission in B.Tech at private engineering college in punjab in sept-2008. during my admission, the classes were already going on. but after one week i got selected in govt. engineering college & i surrendered my seat in private engineering college. i requested to college to refund my tution fee also the university under which that college is affiliated ordered college to refund my fee but college refused to refund my fee by saying that the seat left by me was not filled by any candidate. i again reqeusted them for refund of fee but i got the same answer. due to some family & personal problems it was difficult for me to file a case against the college.

  but today i read an article "EDUCATING STUDENTS ON FEE REFUNDS"  in THE TRIBUNE by PUSHPA GIRIMAJI in which it was stated that "In a recent case decided by the apex consumer court, the educational institution came up with two arguments. One was that the students (four of them had filed separate petitions) had given an undertaking forfeiting the fee in case they quit the course. Two, as per the guidelines issued by the Director, Technical Education, Haryana and the Haryana State Counselling Society, a student would be entitled to a refund only if a new student filled up the vacancy caused by the withdrawal of the first student. In this case, it had not happened. So on both these counts, the students were not entitled to any refund of the fee paid, the college argued.

The District Forum dismissed the first contention on the ground that such an undertaking was not legally binding. As far as the second argument was concerned, the forum pointed out that here, out of a total of 300 seats sanctioned to the college for different courses in the academic session 2008-09, the institution could forward a list of only 69 candidates for taking the university examination. Due to such large vacancies the institution had no waiting list of admission seekers"

so is it possible to file a case against the college now in consumer court and what will be procedure to file the case??

thanking in advance...

lukesh garg



Learning

 3 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     08 July 2012

Dear Lukesh,

As informed by you that you had left the seat in Sept. 2008 and now it is 2012. as per law there is a limitation of 3 years period to file civil case. therefore, you have already crossed 3 years period.

 

kindly let me know about your correspondence by mail/writing alongwith date with the institute asking for refund of money and their reply, if any

 

you may also call on 09324538481 for legal assistance.

 

Regards,

Sameer Goyal (as)     09 July 2012

thank you sir for ur reply...

i had surrendered my seat on 18/09/2008 & had requested for refund on same day. when no reply was received, i again requested for refund in october-2008 to college as well as to university to which the college is affiliated. university instructed college in november 2008 to refund my fee but college refused to refund the same on the ground that the seat left by me was not filled by another candidate. i again requested to university for refund in dec 2008 but no reply was received from university or college so i thought it might be possible that due to vacant status of my seat, i am not able to get the refund...all the conversation was made mainly through registered post. 

Adv Rohit Dalmia 9324538481 (Lawyer)     09 July 2012

Dear Ashu, You need to send the legal notice to the institute through an Advocate so that you might have the chance to create a case for you and might get the fees refund too. Also let me know what is amount of fees involved in it? You may call on 09324538481 for legal assistance. Regards,

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