Refund From Coaching Classes
11 months ago
I enrolled for JEE preparation at a coaching classes on 5 July And attended there 3 lectures. The classes and college was integrated in same institution so due to health issue I was not able to attend but when College started after two months the college was from 9 to 2:30 then 3 to 8 classes. It takes one hour to travel by train from my place. My parent were shocked after learning this because we were told that college and classes will be on alternate days.
So on september 27 my parents met the branch head of institutions and explained situation and asked for refund they agreed for it and promised will be get refund and asked to wait.
They always told that no need to worry the fee will be refunded but now they are not allowing us to met with them at they office and ignoring us
Total fees was 3,54,000 which was to be paid in 3 instalments by post dated cheques which were already taken on date of admission
So before date of second instalment we had already informed for refund but after taking to centre head and waited for 25 days our 2 cheque was passed and amount deducted my parents again met the centre head then they told that this amou Will also be refunded don’t worry, then after many times calling and asking for reply we get a call that fee won’t be refunded as per clause of non-refundable fees.
fee of 2,27,000 paid they are not refunding.
Will I win Case if I filled in consumer court?
The relationship between the Student and Educational Institute is governed by the terms and conditions laid down in the Brochure/Prospectus of the Institute. In case the tuition fees for the course is non-refundable in any circumstances then Institute is not obliged to refund the balance amount of tuition fees. But here in your case, in spite of your advance intimation to the Institution informing your inability to pursue the classes on health grounds and other inconveniences, they encashed the Post dated cheques payable in 3 installments during the tenure of the course which itself proves their bad intention with ulterior motives to deprive you of claiming the refund of balance money of tuition fees taking the stand of clause of Non-refundable. So, if you intimated the Institute in writing informing your inability to continue the class and you got a receipt of said information, then their action may be treated as unfair trade practice and deficiency in service because without rendering no service for the rest of tenure of courses they have collected the service charges from the Student who is a Consumer as defined u/s.2(7)(ii) of the CPA, 2019 and accordingly you can file a Complaint u/s.35 of the Act against the Institute claiming refund of your tutuion fees and compensation for harassment.
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