contract act
Tarun Kalra LL.M, M.B.A
(Querist) 07 August 2008
This query is : Resolved
hello dear,
can a 10+2 pass student who is of 16-17 year of age, who has signed the admission form(hardware computer course of jetking infrotrain), in which it is clearly mentioned that that fees is non-refundable, can claim fees refund later on ground that he is a minor and cant contract, so his fee must be refunded, can he do so? because the minors are alwyas sign admission forms. plz guide what to do, for not refunding his fee, as in future other students too take this plea and will demand their fees back.
K.C.Suresh
(Expert) 07 August 2008
I think there no need for hypper legal technicalities in the matter. A student is paying the fees which is not refundable. The brochure of the admission details also might have specified this condition. Whether he is minor or major, he has no right to ask for the fees as it is the rule of the institution and not a part of contract agreement. Rule of the institution is differnt from contractual liability. So the institutuiion can proceed according to its rule and byelaws.
Murali Krishna
(Expert) 07 August 2008
I agree with Suresh. But, on the other hand, if you go technically, there is a possibility of litigation with regard to the responsibility of minors in such cases. I.e whether, he was induced into because of his status as minor, and/ as a minor he was not capable of understanding the consequences of the action he is doing etc. If he could prove these aspects, he may have a case.
Srinivas.B.S.S.T
(Expert) 07 August 2008
mere clause of non-refundable cannot relieve the school management from repayment of fees. If the student has a right cause to seek refund he can move consumer forum for refund of fees. Post me the fuller details.
Guest
(Expert) 07 August 2008
Fees as such is an one way payment. It is paid by the seeker of a service, and once the service is provided, the fees is adjusted to that.
If the student has an issue of quality of service then it is different matter, but as far as fees is concerned once it paid and service provide both the accounts gets squared up.
Fees is a charge for providing a particular service say cinema, tutorial, coaching etc., If the said cinema or tutorial or coaching is shown or done or performed for the benefit of fee payer, he cannot say that he was not satisified and ask for refund.
