Civil matter
Dhana Kaleswar
(Querist) 25 February 2012
This query is : Resolved
My name is Kiran I am A CA Pursuant and a Finance Professional
My case is :
My cousin Who joined an Engineering college 2008 in B. Tech Program in 2008 and he got through the first three years. and if every thing were gone good he ill complete his b.tech this march (2012 march) but his fate gone wrong track. his father who is a VRO (government employee) dies of some decease in 2011 Aug. after his father died he has to complete some formalities on behalf of his mother due to this he didnt go to college and he is doing some private job for his family expenses with out going to college. now he is in no position to pay forth year fee and complete his B.Tech program. now to apply for some other jobs he need his 10+2 certificates which were given to the Engineering college when he joined the B.Tech. now the College Management is restricting him to take his certificates. they are saying that he has to pay forth year fee which costs him 55,000 and collect the certificates even he dint go to college for forth year. some one please guide me to help him.
V R SHROFF
(Expert) 25 February 2012
College rule did not change overnight, were accepted at the time of Admission.
Cannot demand as right. Only Pray & request.
Raj Kumar Makkad
(Expert) 25 February 2012
No rule can be static and beyond the natural justice even though agreed in normal circumstances.
Your cousin should go to the college and personally should meet the management with his mother and should narrate the entire condition before them and should pray for help. I hope college management may consider his request and may do the needful.
There is no legal provision in this regard and even if any writ etc. is filed, it is not only expensive but also time taking so no benefit shall accrue to your cousin.
prabhakar singh
(Expert) 25 February 2012
It is surprising to listen that college has retained his originals till now.
Only private colleges can do it.
No writ may lie against them but a consumer complaint case can not be ruled out.
mahendrakumar
(Expert) 26 February 2012
try initially as advised by Mr. Makkad.
if it does not work out,file a consumer case,as there are ample judgements by many state and national forums,that such institute cannot charge for the services not rendered and taken.
the sad part is a minimum 2 years may take for the consumer forum to decide such case generally in our country
PARDEEP KUMAR
(Expert) 26 February 2012
Try to resolve the issue amicably, else file a complaint with the consumer forum, remember it's also a time consuming process. further, before that, it would be more appropriate that you take up the issue with the University etc., with which said colege etc., is affiliated. Try to explore possibility of appearing in further exams, attendance requirements could be waived off to certain extent.
dev kapoor
(Expert) 01 March 2012
Hi,
This amount to practicing unlawful trade practices by commercialised college.Sh.mahendrakumar has very rightly advised.Consumer Forums have the jurisdiction in such matters.It is inexpensive as well as speedier remedy than even writ petition.Moreover in the amended CPA,thee decision required to be given in a time-bound period.You better act upon the advice of mr.makkad & if still your grievance is not redressed the thing suggested is to move the Consumer Forum.
Dhana Kaleswar
(Querist) 09 March 2012
Can Anyone see this matter as the college Management is abstracting collaterally the right to live and right to education by just pressuring my cousin to pay the forth year fee.
why cant the courts see the matter in such a way that the management is going to restrict the boy in doing the job for his livelihood which aims to RIGHT TO LIVE.
why cant the courts are or us see this matter that the management is Pressuring for the fee for which it just not given the couching. for which we can file case in Consumer court.
Why cant courts understand that the victim and his mother who are "HOLDER IN DUE COURSE" at the time of signing on the addmission application for not leaving the college until the course completed.
because at the time of signing on application or at the time of joining the college no management could say " the boy should stay with the college until he completed his course". they think this is implied conditions so not necessary to tell either the student or the parent.
so that the college Management had not told about the restriction of leaving the college in any condition. they are all implied so how the student or his illiterate parents could know the implied condition of the College Management.
can we file a writ not in the consumer courts in Civil court as the Management had not told about the restrictions of leaving so the boy is eligible for the originals.
