need advice, Aakash Institute has not refunded my Security even after 3 years need advice, Aakash Institute has not refunded my Security even after 3 years

8 months ago

Below Is a mail I wrote to AESL, please need help after all this they are only settling security amount only.


I trust this email finds you well. I am writing to formally request the immediate refund of my security deposit amounting to Rs. 2000, pursuant to the terms and conditions of my enrollment in the One Year Foundation Course at your esteemed institute.



Upon the successful completion of the course in February 2020, it was clearly stipulated in the terms and conditions that the security deposit, would be refunded within six months “This amount shall be refunded after completion of the courses, directly into their account, if the bank details are provided by the student/parent/guardian in the prescribed format only, which may be collected from the Admission Counsellors.”. Despite my repeated efforts and multiple attempts to communicate with your staff, I am deeply disappointed to express that I am yet to receive any response or refund from your end. This prolonged delay is both unjust and unfair, considering my full compliance with the required criteria and my impeccable conduct throughout my tenure at the institute.



For your reference, my name is XYZ and my PSID is 00000000. These details can be used to verify my enrollment and associated records. I settled the full course fee, 5 months in advance before the commencement of the program through a combination of cash and cheque payment on October 31, 2018, with the cheque details being XYZ. Pertinently, my father’s bank details were furnished in the prescribed format at the time of payment. I enrolled at the Dilshad Garden Branch, where the OY-Foundation Course for class 10th commenced in April 2019 and concluded in February 2020. Despite numerous interactions and reminders at the Dilshad Garden Branch over the course of a year, I was left with no choice but to escalate my concerns by raising a formal ticket through AESL support. Ticket #000000 was initiated via a call to Aakash Support on September 8, 2021, at 13:25 to address this long-standing issue. Unfortunately, this ticket was abruptly closed on the same day at 16:48, without any resolution or explanation, which has deeply shaken my confidence in the institute's professionalism and accountability.



I have also attempted to communicate regularly with the Dilshad Garden Branch via reminders and messages; however, regrettably, my appeals have been disregarded and no tangible action has been taken. It is essential to highlight that the time elapsed since my course completion has exceeded three years, and I find myself still awaiting my rightful refund.



Given the gravity of this situation, I hereby insist on the immediate transfer of the refund amount, accompanied by interest calculated at a rate of 18% per annum, and a further sum of Rs. 15000 as compensation for the mental agony and harassment I have endured due to this protracted ordeal. I kindly request that this transfer be executed into my designated bank account within the next 15 days from the date of this email.

I would like to draw your attention to the fact that failure to meet the requested deadline of 15 days from the date of my previous email will leave me with no alternative but to pursue legal action to protect my rights as a consumer. It is important to note that legal proceedings will not only result in higher demands for compensation but also additional damages due to your default and non-compliance with the terms and conditions of the contract.



I anticipate your prompt attention to this matter and expect a swift resolution to the predicament I find myself in. Kindly acknowledge receipt of this email and confirm the initiation of the refund and compensation process. For your convenience, I have attached copies of my enrollment receipts, a cancel cheque, and other pertinent evidence of my conversations with the Dilshad Garden Branch staff.



I sincerely hope that this matter can be resolved amicably and without further delay. I extend my gratitude for your understanding and cooperation in advance.

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client.
When the security deposit is refundable within six months from the date of completion of a course that you completed in February 2020 then on expiry of the period of six months, if your claim is not settled, the cause of action starts from the month of August 2020. To file a complaint against a Service Provider for deficiency in service or unfair trade practice under Sec.35 of the Consumer Protection Act, 2019, you are required to file the complaint before the Dist. Consumer Commission within TWO YEARS from the date of cause of action failing which your complaint shall not be admitted being barred by limitation as per Sec..69 of the Act. So when a cause of action starts from the month of August, 2020, a complaint is required to be filed within the month of July, 2022. Thus, your claim against the service provider is barred by limitation. However, still, you can approach the Consumer Court with a prayer for condonation of delay showing authentic and reasonable ground behind the delay. If the Court finds merit in your prayer and satisfies with the ground of delay, your complaint may be admitted for adjudication. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

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A.Dear client,
Please send a legal notice to them. If they still fail to act accordingly, please file a complaint under section 35 of the consumer protection act in the consumer disputes redressal forum
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