College not refunding my fee on cancellation of my admission

Preetimayee Sahu (Querist) 30 December 2021 This query is : Resolved
I was alloted Basaveshwara Engineering college in Round 3 of COMEDK counselling. I had to pay the whole tution fee (1,63,000 Rs) to comedk so that I could proceed from Round 2 to Round 3. Last date to report to the college was 28/12/2021. I did report to the college on 28th and took admission on 29th of December. While admission process was going on I saw that total tution fee paid at college was 1,43,000 Rs. And I also paid extra 9810 Rs. for skill lab facili8 and as a part of university fee. Now on the very same day I got admission offer from Alliance University for Btech in CSE. So on the very same day I wrote a letter to the principal to cancel my admission, because taking admission in this college had more opportunity for me is look to the future and also it solved my transportation and accommodation problem which I was facing in this college. During admission in Basaveshwara engineering collegeI was bound to sign the admission declaration form that stated that no fees shall be refunded in any circumstances. When I talked to the principal regarding that particular clause he said that we won't refund fees in any situation. I even wrote a mail to the principal on 30th of December and still waiting for response.
Now as I cancelled my admission before 31st of December, then acc. to the UGC guidelines I should get a refund of my total tution fees deducting no more that 1000 Rs. as processing fee.
I wanted to ask what should I do if the college refuses to refund my money, because 1,52,810 Rs. is really a huge amount for us.
I request you to Please Help Me and Guide Me.
Please Please Please...

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Quick Summary

A student paid a significant tuition fee for engineering college but cancelled their admission on the same day to accept an offer from another university. Despite signing a declaration form stating no refund, the student believes they are entitled to a refund as per UGC guidelines. Advice suggests waiting for the college's response, and if unsuccessful, filing a complaint with the District Consumer Commission where the college is located. Consulting a local lawyer is also recommended.

Preetimayee Sahu (Querist) 30 December 2021
I gave a letter to principal on 29th of December to cancel my admission. No response yet.

kavksatyanarayana (Expert) 30 December 2021
You have already signed in the admission declaration. That means you agreed to forego the fee if you cancel the study in that college. You have an amicable way only. You put the letter on 29th of this month, how can you expect a reply within a day or two?

Advocate Bhartesh goyal (Expert) 31 December 2021
You should wait at least 15 days for response of college and even after that if you don't get any response from college then may file complaint before District Consumer Commission against college and claim therein refund of deposited fee along with compensation towards mental and physical agony.

Preetimayee Sahu (Querist) 31 December 2021
To Mr. Goyal: Is it that I'll have to file complaint in the same district where the college is or can it be district where I stay.

Message likes : 1 times

Advocate Bhartesh goyal (Expert) 31 December 2021
Yes, you have to file complaint in the District where the college situates.

Dr J C Vashista (Expert) 01 January 2022
Consumer Protection Act, 2019 provides for filing of complaint before District Consumer Disputes Redressal Commission where you have transacted, consulted, payment made or any other part cause of action, including your own residence in terms of Section 34 of the Act, which reads as:
34. (1) Subject to the other provisions of this Act, the District Commission shall have
jurisdiction to entertain complaints where the value of the goods or services paid as
consideration does not exceed one crore rupees (amended to Rs. 50 lakh wef 30 December 2021):
Provided that where the Central Government deems it necessary so to do, it may
prescribe such other value, as it deems fit.
(2) A complaint shall be instituted in a District Commission within the local limits of
whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than
one, at the time of the institution of the complaint, ordinarily resides or carries on
business or has a branch office or personally works for gain; or
(b) any of the opposite parties, where there are more than one, at the time of the
institution of the complaint, actually and voluntarily resides, or carries on business or
has a branch office, or personally works for gain, provided that in such case the
permission of the District Commission is given; or
(c) the cause of action, wholly or in part, arises; or
(d) the complainant resides or personally works for gain

You should consult and engage a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.
Best wishes and a Happy New Year -2022
Dr. (Maj) J C Vashista, Advocate
Supreme Court of India

krishna mohan (Expert) 03 January 2022
Yes you can do. But you will have to wait for long as college can equally go for delay in filing in counter and appeal assuming you win the case. Easiest way is write a representation to contrlling authority like AICTE or VC concerned university to request for refund as per rules as I am sure refund rules will be framed to handled such scenarios as the problem is very common.

P. Venu (Expert) 03 January 2022
You have the option to take up the issue with other competent authorities as well or to approach civil courts of competent jurisdiction.

Perhaps, a legal notice highlighting the legal aspects, could compel the college authorities to change their stand.

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