Recovery of tuition fee paid, class not attended
Jayadevan
(Querist) 15 May 2014
This query is : Resolved
I have paid fees in advance to a tuition centre for 10th std coaching for my son when he was studying in 9th Std as per the special offer in July 2006. Since I was not satisfied the way they conducted class for 9th, I have told them in Nov 2006 that if they do not improve I will have to cancel the admission for 10th (2007-08)and they have to refund the money. They promised improvement but it did not happen. Finally I have gave them a cancellation letter on 14th Mar 2007, well before they started the batch for 10th, and asked for refund. They have flatly refused refund saying that as per the policy fees once paid will not be refunded. I paid the amount (Rs.19000) by cheque and I have a receipt for that. No where in the receipt it mention that 'fee once paid will not be refunded'. I have followed up many times but they did not allow me to see the Principal even. Kindly advise how can I recover this money. Best regards/Jayadevan
Devajyoti Barman
(Expert) 15 May 2014
Your case has merit.
Do file a case before the consumer forum claiming refund and compensation..
Jayadevan
(Querist) 15 May 2014
Thanks a lot. Can I file it online?
Rajendra K Goyal
(Expert) 16 May 2014
If they have not acknowledged the amount in last 3 years the claim is time bared.
Advocate Bhartesh goyal
(Expert) 16 May 2014
You could file the consumer case against tution centre within two years from the date of deposit of fees or from the date of cancellation letter i.e 14th march 2007.Now you can not file complaint since limitaion is two years which has been expired so your case is time barred .
T. Kalaiselvan, Advocate
(Expert) 17 May 2014
Your case is miserably barred by limitation. What were you doing so long?, as advised by experts, the limitation for consumer court will be two years from the date of issue of receipt and this will not fall under the category of recovery of money suit too, because it is termed as fee and no conditions imposed. However, just send a legal notice demanding the return of the money paid but services not availed, let him give a reply, if he is committing , then the limitation will begin, consult a local lawyer and take his advise for further steps.
