Legal remedy for poor student
{Balu manikantan} SUBRAMANYAM
(Querist) 16 May 2014
This query is : Resolved
I need a legal advice.I have joined a college in ecil hyderabad for mba course thru management quota last year in the month of October and went to college regularly.On second of January i have got a call from the college and informed me that i have been disapproved by{apsche} - Andhra pradesh state council for higher education as i have only forty eight percent in my graduation and it has to be fifty percent to join thru management quota.The principal has said that he will try to get the approval but vain and finally In the month of april 2014 the principal told me to collect the fees of rupees ten thousand on first april 2014.But he is troubling me since april first and postponing to repay the amount.The actual amount i have paid is 10000 college fees and 5000 exam fees but he told me that he will pay me only 10000.
I want to sue him for his negligence as without verifying the certificates his staff has accepted the certificates and given the admission.I have lost my academic year and i am at great loss.so please suggest me the suitable legal remedy.
Atlas Eva
(Expert) 16 May 2014
Write a letter to the principal to refund u full amount and also, request principal to save ur academic year and reconsider his decision. if he still doesn't helps you then report the matter to University Grants Commission.
This may resolve the matter
University Grants Commission (UGC)
Bahadur Shah Zafar Marg, New Delhi
Pin:110 002
India
E-mail: webmaster@ugc.ac.in
Web: http://www.ugc.ac.in/
Telephone and Fax
EPABX Nos. 23232701/23236735/23239437/23235733/23237721/23232317/ 23234116/23236351/23230813/ 23232485
UGC Reception 23239627
Fax. Nos. 23231797/23239659
Rajendra K Goyal
(Expert) 17 May 2014
While going for the admission, you should have been aware and gone through the basic requirements for the course. The college has tried, but could not succeed. you are equally responsible for the fault.
Send legal notice to the college and file complaint afterwards with the consumer forum.
The legal charges (lawyers fee) may cost more than the claim.
malipeddi jaggarao
(Expert) 17 May 2014
You can prevail over the Principal for return of your money by perusation. If no result, serve legal notice. If still problem persists, consumer forum.
Advocate. Arunagiri
(Expert) 17 May 2014
The college should not have collected fees for the course which was not recognized. So, they ought to return the entire fees. It is a fit complaint to the UGC and University.
Guest
(Expert) 17 May 2014
Even the companies which were not existing had obtained the GDR approvals Mr.Arunagiriji had rightly pointed out that the college should not have collected fees for course which is not recognized.
T. Kalaiselvan, Advocate
(Expert) 17 May 2014
Agreed, a complaint with the UGC and also the University may bring respite and relief.
K.K.Ganguly
(Expert) 18 May 2014
1. The college should not have enrolled you for the course since you have got less than the percentage of marks stipulated for getting the said admission,
2. The College is required to return all your money,
3. File a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the amount paid with interest, damage & cost.
Advocate Suneel Moudgil
(Expert) 18 May 2014
Dear all experts, if dcdrf can entertain this issue? If student comes under the definition of consumer as per act? I think, NO. Pls clarify.
Advocate Suneel Moudgil
(Expert) 18 May 2014
Kindly have a look at
Maharshi Dayanand University vs Surjeet Kaur decided by Hon'ble Supreme Court of India on 19 July, 2010
Devajyoti Barman
(Expert) 19 May 2014
yes, student does come under the provision of consumer protection act of india.
V R SHROFF
(Expert) 19 May 2014
complaint to consumer forum.
go thru NGO.
Advocate Suneel Moudgil
(Expert) 19 May 2014
Dear experts, as per MDU vs surjeet kaur, student does not fall within definition of consumer, kindly clarify, am I wrong? Any citation, which clarify, student is a consumer
K.K.Ganguly
(Expert) 19 May 2014
1. In your case you are buying the education from the institute by paying money,
2. So, you are the consumer & your said institute is the seller of the particular course/education.
{Balu manikantan} SUBRAMANYAM
(Querist) 19 May 2014
the college has given rupees five thousand as cash and five thousand as pd cheque out of fifteen thousand and said me that they cannot give the balance five thousand as the has been paid to osmania university as exam fee.please tell me what to do now.can i file a complaint directly without advocate for the damages also tell me should i send a notice to the college.
K.K.Ganguly
(Expert) 20 May 2014
1. You can file Consumer complaint case yourself,
2. In some forum, they have a printed form also for writing the comaplint & prayer seperately,
3. Visit your local forum & enquire about the procedure followed,
4. The Forum will send notice alongwith copy of the complaint to the college.
{Balu manikantan} SUBRAMANYAM
(Querist) 23 May 2014
People who are not sure about the law please do not post your suggestions in this form like Expert : Suneel Moudgil - 8053900017 who has posted a wrong information
{Balu manikantan} SUBRAMANYAM
(Querist) 23 May 2014
Is legal notice is mandatory while filing a case in consumer forum if yes suggest a proforma.
T. Kalaiselvan, Advocate
(Expert) 24 May 2014
A legal notice is mandatory before filing a case before the consumer forum because i is a chance given to the opposite party to comply with your demands or to deny it. For format, you may contact a local lawyer and get it drafted.
Advocate Suneel Moudgil
(Expert) 24 May 2014
Dear Subramanyam ji,
i too is an advocate, i had filed a case before DCDRF having similar facts, on appearnce respondent objected that complaint is not maintanable in forum and showed apex court decision namely Surjeet Kaur Vs MDU. now next date is fixed in july.
i also want to clarify my doubts.
i am completely sure about law and my information is not wrong,
first read the judgement carefully and then post your reviews and views.
i think this site is meant to clear doubts by expressing and discussing them.
Regards,
Kishor Mehta
(Expert) 25 May 2014
Sir,
A student is a consumer in relation to the institution where he is admitted for education.
A candidate who applies for appearing in an examination is not a consumer in relation to the examination board.
The relevant passages from the judgement of Hon.Supreme Court of India in Maharshi Dayanand University vs Surjeet Kaur on 19 July, 2010 will explain these very clearly:
"[1] "The National Commission took notice of the issue relating to the entertaining of the complaint and the jurisdiction of the District Forum to hear the same. The National Commission relying on its larger Bench judgment in F.A. No.643 of 1994 dated 31.5.2001 held that imparting of education by the educational institutions for consideration falls within the ambit of service as defined under the Act and further relying on the judgment of this Court in the case of Bangalore Water Supply and Sewerage Board Vs. A. Rajappa & Ors. AIR 1978 SC 548 held that in view of the ratio of the said decision and the peculiar facts of the case, the respondent was entitled for the relief claimed and accordingly the appellant was directed to issue the B.Ed. degree."
[2] "When the Examination Board conducts an examination in discharge of its statutory function, it does not offer its services" to any candidate. Nor does a student who participates in the examination conducted by the Board, hires or avails of any service from the Board for a consideration. On the other hand, a candidate who participates in the examination conducted by the Board, is a person who has undergone a course of study and who requests the Board to test him as to whether he has imbibed sufficient knowledge to be fit to be declared as having successfully completed the said course of education; and if so, determine his position or rank or competence vis-a-vis other examinees. The process is not therefore availment of a service by a student, but participation in a general examination conducted by the Board to ascertain whether he is eligible and fit to be considered as having successfully completed the secondary education course. The examination fee paid by the student is not the consideration for availment of any service, but the charge paid for the privilege of participation in the examination.
The object of the Act is to cover in its net, services offered or rendered for a consideration. Any service rendered for a consideration is presumed to be a commercial activity in its broadest sense (including professional activity or quasi-commercial activity).
But the Act does not intend to cover discharge of a statutory function of examining whether a candidate is fit to be declared as having successfully completed a course by passing the examination. The fact that in the course of conduct of the examination, or evaluation of answer- scripts, or furnishing of mark-sheets or certificates, there may be some negligence, omission or deficiency, does not convert the Board into a service-provider for a consideration, nor convert the examinee into a consumer who can make a complaint under the Act. We are clearly of the view that the Board is not a `service provider' and a student who takes an examination is not a `consumer' and consequently, complaint under the Act will not be maintainable against the Board." (Emphasis added)"
Good Luck,
Kishor Mehta
Advocate Suneel Moudgil
(Expert) 26 May 2014
thanks Kishore Mehta Ji,
u really explained it quite clearly.
thanks again.
Regards,
{Balu manikantan} SUBRAMANYAM
(Querist) 02 July 2014
I have sent notice 10 days ago but there is no response from the college.suggest me what to do.
Guest
(Expert) 02 July 2014
Your query is about "Legal remedy for POOR student." Legal remedy always proves to be very costly to anyone. Is this poor student (you) ready to bear the financial burden and waste of huge time in the court of law avail the legal remedy for recovery of Rs.5,000/-?
Better persuade the proncipal in person or through some influential person to refund both the college fee as well as exam fee.
Sankaranarayanan
(Expert) 02 July 2014
You can file the case before the appropriate District consumer forum even not received the reply.
Guest
(Expert) 05 July 2014
A very practical advise by Senior Expert Mr.P.S.Dhingra
Guest
(Expert) 05 July 2014
Dear N.J.S. Rajkumar,
Thanks for your endorsement.
{Balu manikantan} SUBRAMANYAM
(Querist) 11 July 2014
I HAS ALREADY SENT A NOTICE TO THE COLLEGE ONE OF THE STAFF RECEIVED IT AND HE TOLD ME THAT THERE WAS A DISCUSSION ON THE NOTICE AMONG THEM BUT THERE IS NO REPLY TILL NOW.
PLEASE SUGGEST ME SHALL I PROCEED AND FILE A COMPLAINT IN THE DISTRICT FORUM OR SHALL I SEND A FINAL NOTICE BEFORE FILING A COMPLAINT.
I HEARD THAT THE CONSUMER FORUMS PAY VERY LESS COMPENSATIONS TO THE LOSER.SO AFTER THE FORUM DO I HAVE A CHANCE TO FIGHT IT IN THE CIVIL COURT FOR THE LOSS PLEASE SUGGEST.
{Balu manikantan} SUBRAMANYAM
(Querist) 18 July 2014
I HEARD THAT THE CONSUMER FORUMS PAY VERY LESS COMPENSATIONS TO THE LOSER.SO AFTER THE FORUM DO I HAVE A CHANCE TO FIGHT IT IN THE CIVIL COURT FOR THE LOSS PLEASE SUGGEST.
{Balu manikantan} SUBRAMANYAM
(Querist) 06 April 2015
the district consumer forum has directed to only pay back the fees collected and did not give any compensation.please tell me how to approach the state forum.
Sudhir Kumar, Advocate
(Expert) 17 May 2014
