Get your fees refunded. These students did!

THE first issue that one must understand, is that  irrespective of the nature of education you want  to pursue, all education providers are service providers.  The seminal 1978 judgment by the Supreme Court (BSB Vs A Rajappa & Ors  SC 578) established that education is an industry and students are customers.  Many subsequent judgements have upheld this view. So you are a customer and you have every right to expect satisfactory service. 

Deficiency in service could happen either before  the candidate joins the institutute or during his or her tenure at the institute. When you file a complaint against an instititution especially before the classes begin, say for a refund of  fees since you do not want to join the college some institutons have been known to argue that they are yet to render you  any service, and hence you do not come under the purview of being a customer. Consumer forums have thrown out such arguments. Even deficiency in say providing you with mark sheets, certificates etc, have been considered.

But keep in mind the fact, these foras are essentially adjucators based on evidence. So keep all the correspondence, receipts and communications intact. Get everything in writing. But more than that do your reserach throughly before making the choice. It is better to be safe than sorry. But if you still slip, help is around the corner, you will just need the patience and persistence to get justice.  

1. DROPPING OUT OF A COURSE

Agrieved Party: Swanpnil Kadam
Case Against: SIG Engineering College, Pune (SIGCE)
Ruling by: Maharashtra State Consumer Forum Order : Full refund with costs

In a recent case, the Maharashtra State consumer forum ordered the refund of full fees with costs, to a student who took admission in  one college and moved to another. Even if the college puts out a notice that they will not refund the fees, or make you  sign an agreement about non- refundability of fees, then it is bad in law. Many consumer courts have held such an opinion and ruled in favor of the student.

Agrieved Party: Janjanam Jagedeesh
Case against: College of Science and Technology, Vishakhapatnam
Ruling by: National Consumer Disputes Redressal Commission
This  is quite a similar case to the previous one. The student took admission to the college for an MSc and then wanted to withdraw. The  commission was unequivocal in asserting the student’s right to withdraw from a college before the session begins.  The UGC notification on fee refund (read last column) came out of these disputes.

2. OFFERING UNAPPROVED PROGRAMMES

Agreived Party: Vaibahv Saxsena
Case Against: Indian Institute of Aeronautics
Ruling by: Delhi District Consumer Forum
With respect to this case against the aeronautics institute, there was  a claim of approval from DEC by the institute, while the students alleged that none exisited. So the forum ordered complete refund of fees and it came down heavily on the institute. “It is beyond imagination how much trauma must have been caused to the students who lost two precious years apart from the loss of money,” said the order of the forum.

Agrieved party: Bupesh Khurana & Others
Against: Buddist Mission Dental College & Hospital
Ruling by: Supreme Court of India.
In another famous case, Supreme Court was much more scathing. It said “Any institution which cheats by making misleading claims, is liable to not only refund the money to you, but also pay interest as well as hefty penalty”. Here the only issue is that the courts first have to be convinced that the insitute in  question did communicate somewhere implicitly or explicitly that they do have an approval or recognition in place.

3. DEFICIENCY OF SERVICE

Agrieved Party: Karishma Kanuga
Against: WLC College of India
Ruling by: Pune District Consumer Fourm
Here, the student, Karishma successfully sued  WLC to get a refund after taking admission for their media course. Her main contention was that the course was unapproved and no classes took place for 41 days. The district forum ruled in her favour.

Agrieved party: Kanishk Sharma
Against: Brilliant Tutorials
Ruling by: East Delhi District consumer Forum.
Even if you leave mid way through the course, there is a possibility of a partial refund. In a case against  a coaching institute, the forum observed that  that, “A student may leave in the midstream if he finds the service deficient, and to tell him that fee once paid is not refundable is uncalled for and an unfair trade practice.”

Agrieved party: Devjit Singh & others
Against: IITT College of Engineering, Manimajra
Ruling by: State consumer Disputes Forum, Chandigarh
Devjit Singh and five other students in 2002 approached the forum and alleged deficiency of service in terms of non-disclosure, lack of approval, unathorised admission and lack of facilities.

4. RULING THAT COMESTO YOUR AID

The above notification by UGC dated April 22, 2007, is one of the best office orders  as far as student rights are concerned.  It clearly mandates that no Govt. approved institution can retain fees, as well as the original certificates. Even withdrawals after  the start of the course must be pro rata.

Editor’s Note: In some of the cases cited, unless it is by the Supreme Court, a higher court might have turned the verdict around. So these cases must be taken as a guideline and not as the final word. However, they are good precedences to fight your individual cases.


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