Refund of joining fees
N.J. MISHRA
(Querist) 06 February 2015
This query is : Resolved
Dear Member need your assistance in below issue.
our is an educational institute, student paid Rs. 50000/- as a joining fees but could not be admitted due to university's policies which we too didn't know and the same came to our knowledge only when we informed university about the said admission.
since we have already mentioned in our prospectus that joining fees is not refundable still we have to refund the same???
kindly advice
Guest
(Expert) 06 February 2015
Mr. Mishra,
If your institution has charged joining fee, the institution was duty bound to provide due services to the student for which joining fee was charged.
A crucial question arises, as a legal officer, how would you like to justify the relevance of joining fee when the intending student has not been allowed to join the course?
Further, if the management of your institution does not know university's policies where was the relevance of taking joining fee when the institute was not sure whether the student can get admitted or not?
Rs. 50,000/- is not a small amount that a student or his parents can easily tolerate and forget on being swallowed by your institution in the name of joining/ admission when institution has failed to ensure due services to the student.
So, to avoid disrepute and legal problems to the institution, refund should not be denied on any flimsy ground.
ajay sethi
(Expert) 06 February 2015
agree with dhingraji refund rs 50,000 as student has not been admitted for the course
N.J. MISHRA
(Querist) 06 February 2015
Sir,
we had follow old policies but new policy were not informed to us by the university. Only when we informed about the said admission they reverted back with this new policy according to which admission was denied.
now institute is saying that they have mentioned clearly in their brochure that joining fees once paid will not be refund hence, they stick to that point.
even if i try to explain them as you said they will still rely to their brochure.
Anirudh
(Expert) 06 February 2015
The condition of non -refund of joining fee would imply that the student stands admitted in the educational institution. Once having been admitted, if he leaves, according to the condition, the admission fee would not be refunded to him.
In the instant case, he was not even admitted in the Institution. Therefore, where is the question of non-refunding the admission fee?
You have to refund the fee to the student.
Rajendra K Goyal
(Expert) 06 February 2015
If the policy was not known to the institute, it was at fault. Other should not be punished for its own fault. Under the circumstances, the admission fee need be refunded as the admission was due to the fault of institution.
ajay sethi
(Expert) 06 February 2015
well if student files complaint before consumer forum institute will have to refund with interest . will also have to pay compensation to the student .
Guest
(Expert) 06 February 2015
Mr. Mishra,
A student cannot be held responsible for the lack of knowledge about old or new policy on the part of the institution. It was not incumbent upon the student to take care of the policy change of the univerity, rather it the sacred duty of the management to keep itself updated about the policies of the university and call for applications for admission only according to the updated policy of the university.
So, only institution is responsible for making sure his admission, irrespective of whether or not there was any change in policy.
Further, change in prospectus was also necessary according to the change of policy. So, irrespective of what has been written in prospectus about non-refund, that document was institutions private document having no legal validity for the purpose of confiscation of joining fee when the institution cannot ensure the student joining the course.
So, ethically refund cannot be denied on any ground. As a legal officer, it becomes your duty to advice correctly on the issue. Let them overrule your advice if the management prefers to get involved in litigation, as if it has the sole aim of collection of funds legally or illegally without rendering due service to the students seeking admission with the institution.
Guest
(Expert) 06 February 2015
Well Advised by Senior Mr.P.S.Dhingra
prabhakar singh
(Expert) 06 February 2015
Yes! experts are right!
Why do you want to slap student instead of management.
As law officer advise management for refund
else the student would get management slapped twice with interest and cost by FORUM.
N.J. MISHRA
(Querist) 07 February 2015
dear member thanks a lot for your valuable suggestion.
