Amit Sharma
Asked August 28, 2016

College refusing to return money

  • 1 Answer
  • 456 Views

In final year my college asked for Rs 10,000 so that it will bring companies in the campus and if the student get placed he has to give his first salary and if not his Rs 10,000 is refunded. In my case I was not placed oncampus hence I decided to apply offcampus. After hardwork I finally got one of the company. Now to join I need my documents which is with college. When I asked about the same the dean is telling that I have to give my first salary because they provided me the placement. But the fact is I was placed in off campus I would be getting my money back so please tell me what to do now ?

Answer 1

Default avatar
Saurabh Kumar

The All India Council for Technical Education (AICTE) allows stakeholders and outsiders to file a complaint against any technical education institution indulging in any wrongdoing via an email. Any complaint or grievance regarding any institution or about the visit of experts assigned with specific tasks pertaining to the institutions can be brought to the notice of the AICTE through emails at-aictevigilance@gmail.com.

 

An educational Institution can also be held liable under the Consumer Protection Act, 1986. Holding of exams, declarations of results etc are all services under the Act & can be looked into by the consumer courts. It has been held that imparting education falls within the ambit of service as defined under the Consumer Protection Act. It was held that fees are paid for services to be rendered by way of imparting education by educational institution. Any student becomes a consumer when he attends an educational institution & hires the services of that institution upon payment of fees for attending classes and writing examinations[1].

Also in the past, Consumer courts have held that misleading advertisements by educational institutions can amount to an unfair trade practice and have even directed the institutions to stop such ads in the future.

 

In this case, I suggest you a two fold action-

  • A mail to AICTE, citing the financial irregularities the college is indulging in, especially its tactic of charging money in spite of its failure to guarantee you a job.
  • A complaint in the consumer court charging the college for indulging in unfair trade practices and deficiency in services for wrongly claiming that they could guarantee you jobs and placement.
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    You can file a case in a consumer court by following these steps-

     

    STEP 1:   At first identify the Jurisdiction of the Forum where the complaint is to be filed. This issue needs to be identified from two angles of jurisdiction i.e. Territorial and Pecuniary.

    The Consumer has to take into consideration both the territorial and pecuniary jurisdiction of the tribunal in mind before filing his complaint and has to choose the correct forum.

    Territorial Jurisdiction of the Consumer Forums :-

    A complaint shall be instituted in a District Forum or State Commission or National within the local limits of whose jurisdiction,—

    a)  the opposite party resides or caries on business or has a branch office or personally works for gain, or

    b)   If there are more than one opposite party, then any one of the opposite parties resides, or carries on business or has a branch office, or personally works for gain,

    Provided that in such case the permission of either District Forum, State Commission or National Commission as the case may be, or the opposite parties who do not reside in such place or carry on business or have a branch office or personally works for gain as the case may be, must be obtained , or

    c)  the cause of action arose.

    PECUNIARY JURISDICTION OF CONSUMER FORUMS

  • District Forum
  • Upto Rs. 20 Lakhs

  • State Commission
  • Rs. 20 Lakhs to Rs. 1 Crores

  • National Commission
  • Exceeding Rs. 1 Crores

    Step 2:  You will be required to pay a prescribed fee along with your complaint before the District Forum, State Commission & the National Commission as the case may be.

    Step 3:   Then you have to draft your complaint stating facts necessary to establish a cause of action.

    Step 4:   At the end of the complaint you have to put your signatures. In case any other person is authorised to file the complaint then complaint has to be accompanied with authorisation letter.

    Step 5:   Don’t forget to mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed.

    Step 6:   Copies of all the documents supporting your allegations. In this you can put on record the copy of the bill of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to the trader requesting him to rectify the product.

    Step 7:  You can also ask for compensation costs which should be specifically alleged in the complaint. Besides compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount. You must give the breakup of amount claimed under different heads but do remember to claim compensation or other relief as per the pecuniary value of the forums.

    Step 8:   Explain in your complaint as to how the case falls within the jurisdiction of this forum.

    Step 9:   Complaint must clearly state as to what relief is sought against the opposite party.

    Step 10: The Act provides for limitation period of two years from the date of cause of action. In case there is delay in filing the complaint, please explain the delay which can be can be condoned by the Tribunal.

    Step 11: You are also required to file an affidavit along with the complaint that facts stated in the complaint are true and correct.

    Step 12: The complainant can present the complaint in person or by his/her authorised representative without engaging any advocate. The complaint can be sent by registered post. A minimum of 5 copies of the complaint is to be filed in the forum. Besides this you have to file additional copies for each opposite party.

     

    OR ELSE-

     

    You can register a complaint at http://core.nic.in/

     

     

     

    [1] Bhupesh Khurana and others Vishwa Budha Parishad and others, available at https://indiankanoon.org/doc/427110/

    Agree Comment 0 Agrees about 4 years ago

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