Refund of Tution fees

Dear Client,
So far, the refund policy of the school concerned, and as stated in the query, almost no legal remedy to the cause is found viable or feasible, even through litigation, especially when accepting the condition of the refund policy, you admitted your ward to the school. However, in the given scenario, serving a legal notice to the Head of the School, file a complaint against them over deficiency in service, and unfair trade practice before the District Consumer Commission under the Consmer Protection Act, 2019 claiming a refund of fees for which no service is availed of by the student along with compensation for harassments. The complaint should be filed within two years from the date of the cause of action.

Dear client,

It's understandable that you're seeking a full refund given that your child didn't attend a single day of the new academic session due to your unforeseen transfer. Let's analyze the school's policy and your legal options in Kolkata, West Bengal.

Applying the School's Policy to Your Case:

Given that your withdrawal request was made before the commencement of the new academic session, Clause 12.2.3 seems to be the most relevant clause. According to this clause, the school is entitled to deduct:

1st Term fee: This is likely a portion of the total tuition fee.
One Month’s tuition fee: This is an additional charge.
Balance payment of one time admission and co-curricular activity fees, if any: Since you've already paid the full amount, this wouldn't apply as a further deduction.
The school is offering a refund of ₹ 54,000 out of ₹ 77,000, which means they are deducting ₹ 23,000. This ₹ 23,000 likely comprises the 1st term fee and one month's tuition fee, as per Clause 12.2.3. The remaining amount that they are not refunding (₹ 77,000 - ₹ 54,000 = ₹ 23,000) might align with their policy if the ₹ 23,000 covers the 1st term fee and one month's tuition fee. The non-refundable portion of the one-time admission and co-curricular activity fees would be the difference between the total fee paid and the refundable amount plus the deductions under Clause 12.2.3.

While the school is referring to its policy, the fairness and applicability of this policy, especially when no services were rendered for the new academic session, can be questioned. Here are the legal actions you can consider in Kolkata:

Send a Formal Legal Notice: Engage a lawyer in Kolkata to send a formal legal notice to the school. This notice should clearly state:

The timeline of events (fee payment, transfer, withdrawal request before the start of the session, non-attendance).
Your contention that since your child did not attend any classes for the new session, deducting a significant portion of the fee is unjust and unfair.
Your demand for a full refund of the tuition fees (excluding the explicitly non-refundable components, if clearly defined and reasonable).
Reference to consumer protection laws and principles of equity.
A stipulated timeframe for the school to respond and provide the full refund, failing which you will pursue further legal action.
File a Complaint with the Consumer Forum: If the legal notice doesn't yield a satisfactory response, you can file a complaint with the District Consumer Disputes Redressal Forum (Consumer Forum) in Kolkata. You will need to provide:

Copies of the fee receipt.
Your transfer order.
Your withdrawal request and any communication with the school regarding the refund.
A copy of the school's refund policy (from their website).
Your affidavit stating the facts of the case and the financial loss you have incurred.
The Consumer Forum can adjudicate on issues of unfair trade practices and deficiency in service. You can argue that retaining a substantial portion of the fee when no service was provided constitutes an unfair practice.
Approach the West Bengal Commission for Protection of Child Rights (WBCPCR): You can also consider filing a complaint with the WBCPCR. While their primary focus is on child rights violations, they can intervene in matters concerning unfair practices by educational institutions that affect students and parents.

Legal Arguments You Can Raise:

Unjust Enrichment: You can argue that the school would be unjustly enriched by retaining a significant portion of the tuition fees for a period when no educational services were provided to your child.
Unfair Terms of Contract: You can argue that the clauses in the parent guide, especially if not explicitly brought to your attention at the time of admission and fee payment, might constitute unfair terms of contract, particularly when applied to a situation where no services were availed.
Principle of Natural Justice: You can argue that deducting fees for services not rendered goes against the principles of natural justice and fairness.

Contact an advocate immediately.