Please suggest!!!
simarkaur
(Querist) 09 September 2011
This query is : Resolved
I am a final law year student now!! I was intially enrolled in BJMC under IP university in first counselling as student in law first counselling was full in 2007. I paid them38000 in bjmc. Second counselling of bjmc and law was on same date and same time but different venue!! I could go only at one place as bjmc counselling was at rohini and law counselling was at kashmere gate. I went to law counselling and paid 38000 there also.
I got to know about sc descision in 2007 only that if a student has taken its services university has to give back money..
What should i do now??? I approached university once they said i wont get my 38000 backof bjmc
R.Ramachandran
(Expert) 09 September 2011
Dear Mr. Simar,
You are in the final year of LLB. By this time you will be well versed in the Limitation Act. You also know what is the limitation for recovery of money. Consequently you yourself know the answer to your query.
M/s. Y-not legal services
(Expert) 09 September 2011
Yes. Am also agree with mr.ramachandran. You are barred by limitation act.
Sailesh Kumar Shah
(Expert) 10 September 2011
Mr R. Ramachandran has replied the query.Nothing required to add.
Guest
(Expert) 10 September 2011
agree with the opinion of expert mr Ramachandran
Guest
(Expert) 10 September 2011
Dear Ms. Simar,
You may have to first check the terms of condition of the university whether the said amount was reundable or not by the university, if you failed to attend the counselling at the appointed date and time.
Secondly, even if the fee was refundable, any claim would become time-barred as per the Limitation Act, 1963, if you have not made any effort/ correspondence with the university so far, as you could well have known as a law student. Mr. Ramachandran seemed to have intended to point out the same thing to you.
Third, even if there is any SC judgment to this effect also, naturally, the hudgment would not have intended to violate the law of limitation.
HOWEVER, notwithstanding the provisions of law, I won't discourage you to take up the matter with the university even now, if the university can consider your request. Better try your luck, if that may shine.
prabhakar singh
(Expert) 10 September 2011
So you simply want to know about limitation
for the cause you anticipate actionable that is 3 years from the date of payment made.
Devajyoti Barman
(Expert) 10 September 2011
Yes unless the borrower subsequently acknowledged the debt in writing. If so happens then again 3 year time is there from the date of acknowledgment.
girish shringi
(Expert) 11 September 2011
I do agree with the experts.
