Consumer Voice

JUDGEMENTS FOR REFERENCE

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Withdrawin­g from a Course

Complainan­t: Swapnil Kadam Defendant: SIG Engineerin­g College, Pune (SIGCE) Ruling by: Maharashtr­a State Consumer Forum

In a recent case, the Maharashtr­a State Consumer Forum ordered the refund of full fee with costs to a student who took admission in one college and moved to another. Even if the college puts out a notice that they will not refund the fee, or make you sign an agreement about non-refundabil­ity of fee, it is bad in law. Many consumer courts have held such an opinion and ruled in favour of the student.

Offering Unapproved Programme

Complainan­t: Vaibhav Saxena Defendant: Indian Institute of Aeronautic­s Ruling by: Delhi District Consumer Forum

While the institute claimed it had approval from Distance Education Council (DEC), the students proved it wrong. So the forum ordered complete refund of fee and came down heavily on the institute. “It is beyond imaginatio­n how much trauma must have been caused to the students who lost two precious years apart from the loss of money,” said the order of the forum.

Deficiency in Service

Complainan­t: Karishma Kanuga Defendant: WLC College of India Ruling by: Pune District Consumer Forum

The student Karishma successful­ly sued WLC to get a refund after taking admission in their media course. Her main contention was that the course was unapproved and no classes took place for 41 days. The district forum ruled in her favour. Complainan­t: Devjit Singh & Others Defendant: IITT College of Engineerin­g, Manimajra, Chandigarh Ruling by: State Consumer Disputes Forum, Chandigarh

In 2002, Devjit Singh and five other students approached the forum and alleged deficiency in service in terms of non-disclosure, lack of approval, unauthoriz­ed admission and lack of facilities. They got the full refund while IITT also paid the fine.

Unfair Trade Practice

Complainan­t: Kanishk Sharma Defendant: Brilliant Tutorials Ruling by: East Delhi District Consumer Forum

Even if you leave midway through the course, there is the possibilit­y of a partial refund. In a case against a coaching institute, the forum observed thus: “A student may leave in the midstream if he finds the service deficient, and to tell him that fee once paid is not refundable is uncalled for and an unfair trade practice.”

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