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FEE REFUND ON A pro-rata basis FEE REFUND ON A pro-rata basis

3 months ago

Subject: Request for Refund of Remaining Coaching Fees

Respected Authorities,

I am writing to inform you of the coaching services I enrolled in a coaching.

I hail from an economically unstable background [applicable for EWS{economically weaker section}] form, where the financial means at my disposal are comparatively lower than that of other individuals.

I am enrolled in FIITJEE(south Delhi) for my two-year integrated programme for JEE Advanced[PANINI].

the details of course,

A two-year integrated programme for jee mains and advance.

total fees which we have given was Rs(2,69,199).

The course is designed in 6 PHASES{4 phases in class 11, 3 phases in class 12 }

I joined an offline course programme.

During the end of our 2nd phase of the course programme{ie nearly mid of 11th, I left the offline course programme due to some problems I was facing and was not satisfied at all, and converted my plan to online but still, I was not satisfied with the services of the online program{such as recorded lectures} that should be necessarily provided as the fee was refused to refund[despite having exorbitant fee structures] as per the new GUIDELINES OF COACHING INSTITUTES.{issued by the EDUCATION MINISTRY OF INDIA}

I joined the coaching program on [23rd-APRIL-2023] with high expectations of receiving valuable insights and guidance in [specific area/topic]. However, after completing some offline sessions of this programme, I regret to inform you that the coaching experience did not meet my expectations. The sessions lacked the depth and personalized attention promised during the enrollment process

They should be updated with the new guidelines by the GOVERNMENT OF INDIA on {JAN,2024}

NECCESARY GUIDELINES link : https://www.education.gov.in/sites/upload_files/mhrd/files/document-reports/Guideliens_Coaching_Centres_en.pdf

I was highly dissatisfied with the coaching programme that I had enrolled in. However, I found myself helpless as there was no option to quit the programme and get a refund for the remaining money. This created additional pressure on me as a student, and I felt trapped in the system.

The coaching institute had an aggressive system of batch allocation based on performance, which meant that students were constantly being compared and judged. This created more hindrances for students rather than helping them to learn. The pressure of performing well in these batches was extremely high, and the institute did not have any easy exit policy for those who wanted to leave the programme. This situation was not unique to me, and many of my peers faced the same career pressure and mental burden.

The mental pressure that students face in such coaching programmes has resulted in a rapid increase in the number of suicidal cases among students preparing for competitive exams in coaching hubs like Kota, Delhi, and other cities. The coaching industry's unregulated growth has only made the situation worse.

As a result, the Indian government issued guidelines in January 2024 to address this growing issue. The guidelines aim to regulate the coaching industry and ensure that students have access to safe and fair coaching programmes that do not put them under unnecessary pressure.

(i) To provide the framework for registration and regulation of coaching centres.

(ii) To suggest minimum standard requirements to run a coaching centre. (iii) To safeguard the interest of students enrolled in coaching centres.

(iv) To advise coaching centres’ focus on co-curricular activities as well as the holistic development of students

(v) To provide career guidance and psychological counselling for the mental well-being of the students

I have attached a document outlining the specific instances where the coaching sessions deviated from the agreed-upon standards. Despite my efforts to communicate my concerns with my assigned coach, there was no improvement in the quality of the sessions.

The guidelines clearly mentions,

"If the student has paid for the course in full and is leaving the course in the middle of the prescribed period, the student will be refunded from out of the fees deposited earlier for the remaining period, on a pro-rata basis within 10 days. "

This refund will be granted regardless of any prior declarations, as long as the student's financial condition does not meet the average criteria.

According to the new act, I am eligible for a refund due to several reasons. Firstly, the students are obligated to continue with the same course even if they wish to change their career. Additionally, we paid for offline services but are currently experiencing online services that are not compatible with the fees we paid. Furthermore, the frequent change of buildings in offline centers due to their illegal issues has created disturbances.

The guidelines prohibit aggregate batching systems as they cause mental pressure. Despite the financial background of the student, the fee is exorbitant. It is mentioned that the batch should not be changed until the completion of the course. Moreover, additional support has not been given. Unfortunately, these issues have not been addressed despite our attempts to bring them to someone's attention.

furthermore, which have not been addressed here.

A student should have the right to leave a course without question. I asked for a refund after leaving the coaching institute, but they refused due to a previous agreement. However, new government policies now allow refunds for students who leave a coaching institute during the remaining period of the course.

I appreciate your prompt attention to this matter and hope for a swift resolution.

Thank you for your understanding and cooperation.



Responded 3 months ago

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A.Dear client,

As a coaching institute, it is liable to refund you back on any sort of dissatisfaction. You can file a consumer complaint against the coaching institute as per the Consumer Protection Act, 2019. You may also file an online complaint at https://consumerhelpline.gov.in/. Recently, the Haryana high court held that one may file a consumer dispute against a coaching institute.

Additionally, you may also issue a legal notice to the coaching institute along with other aggrieved members and file a mass complaint against the coaching institute. You may also file for a civil suit against the coaching institute and claim compensation for the mental distress caused by the institute.

Thank you

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
FITJEE being an educational service provider is accountable to its student customers for any deficiency in service or unfair trade practice. An aggrieved student dissatisfied with the service of a coaching institution can file a complaint under Sec.35 of the Consumer Protection Act, 2019 before the Dist. Consumer Commission on the ground of deficiency in service claiming refund of coaching fees taken in advance for the whole session by the service provider FITJEE who cannot claim it without providing the service as agreed. Reach out to an Advocate for serving a legal notice to the FITJEE and for filing a complaint against them under the Consumer Protection Act before the Consumer Court claiming a refund of the entire coaching fees along with compensation for harassment. The complaint should be filed within two years from the date of the cause of action, i.e, from the date of refusal to refund the course fees on your demand.

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Vidhi Samaadhaan Vidhi Samaadhaan

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