Refund of advance fees from educational institution Refund of advance fees from educational institution

10 months ago

Do I get the refund of advance fees of rs 10000 which I had paid to the educational institution for which no service has been rendered but the fee receipt is showing that it is non refundable so as per the case law FIIT JEE VS DR MINARI RATH (2006) can I get back the refund if I file this complaint in consumer court?

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

Now the service rendered by the Education Institution comes under the purview of CPA and for a proven act of deficiency in service the Institute is liable to refund the tuition fees collected from the student who is a Consumer as defined u/s.2(7)(ii) of CPA, 2019. even it is non-refundable as per their standing policy. A service provider cannot claim the service charge without rendering the service to the Consumer which is termed as a deficiency in service as defined u/s.2(11) of the Act, Reach out to an Advocate for guidance and file a complaint against the Institute before the Consumer Court having jurisdiction over the matter claiming refund of fees along with compensation for harassment.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

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A.Hello,
In this issue, definitely you may go to a consumer court with relevant proofs and evidences which shows the poor quality of education against the institute. Consult a lawyer who would be helpful to you draft a proper case.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Simi Paul

Responded 10 months ago

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A.Hi client,

If you have agreed to pay a fees which is refundable then this accounts to non refundable policy itself.
However, each case varies in its own way, whether the particular case is applicable in your case or not has to be determined by an expert only. So, its better that you consult an advocate and review the same, and then think of a case.

Thanks and Regards
Simi Paul
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