Stephen
Aboagye of Mysore Grahakara Parishat said that
several private institutions are practicing unfair trade while
admitting a student and can be challenged in consumer courts at
little cost and effort.
Stating Consumer courts have given several decisions ordering refund of fees based on this notice, he said collection of fees for one year, and putting pressure on the student not to switch institutions. Collecting original documents during admission, refuse to refund his fees, printing on brochures that fees can not be refunded and showing it to justify their action, and several others issues can be challenged in consumer court.
The notice issued by the Universities Grants Commission (Notice No. F.No.1-3/2007 (CPP-II) dated April 23, 2007 available at ugc.ac.in/oldpdf/refundoffeesdeemeduni2011.pdf) provides
a good starting point for such challenges, he says.
The entire fee collected from the student, after a deduction of the processing fee of not more than Rs 1000 shall be refunded and returned by the Institution, University to the student or candidate withdrawing from the programme.
“Consumer courts have generally ruled that if institutions have
not provided any service (teaching), they can not charge a fee. The student may also be able to get a refund if he withdraws after classes begin. The institution will argue that the seat he vacated remained vacant and so the institution will lose money if it refunds the fee.
So the student should insist that the institution produce the waiting list and find out if the seat was given to some one else. The same general arguments apply if the institution is a PU college or a school, even though the UGC notice does not apply directly,” he added.
Stating Consumer courts have given several decisions ordering refund of fees based on this notice, he said collection of fees for one year, and putting pressure on the student not to switch institutions. Collecting original documents during admission, refuse to refund his fees, printing on brochures that fees can not be refunded and showing it to justify their action, and several others issues can be challenged in consumer court.
The notice issued by the Universities Grants Commission (Notice No. F.No.1-3/2007 (CPP-II) dated April 23, 2007 available at ugc.ac.in/oldpdf/refundoffeesdeemeduni2011.pdf) provides
a good starting point for such challenges, he says.
The entire fee collected from the student, after a deduction of the processing fee of not more than Rs 1000 shall be refunded and returned by the Institution, University to the student or candidate withdrawing from the programme.
“Consumer courts have generally ruled that if institutions have
not provided any service (teaching), they can not charge a fee. The student may also be able to get a refund if he withdraws after classes begin. The institution will argue that the seat he vacated remained vacant and so the institution will lose money if it refunds the fee.
So the student should insist that the institution produce the waiting list and find out if the seat was given to some one else. The same general arguments apply if the institution is a PU college or a school, even though the UGC notice does not apply directly,” he added.
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