92+ Lawyers are online 
College denying cancellation and threatening student
27-Nov-2023 (In Consumer Court Law)
My daughter is an M.Tech 1st year student of civil engineering department of National Institute of Technology (N.I.T) Patna, Bihar. She started disliking the place, locality, prevailing environment, the faculty members and the poor standard of education. So she has decided to discontinue the course and wrote an application to institute authority requesting her admission cancellation and withdrawal of her candidature. The institute authority has refused to cancel her admission because the institute allegedly charged her for the possession of 4 library books of net worth Rs.3500. Unless she returns the books to the institute's library and gets all her dues cleared, her admission cancellation process will not be initiated. whereas the truth is that she neither has any book or any other property of the institute. The institute has also threatened to issue her an NFTE (Not fit for technical education) certificate which will destroy her career. So I shall be highly grateful to you if you
Law is on the side of students who want to leave an institute or course mid-way and are seeking refund of fees. This also means, education institutes should not be charging upfront fees for the entire course and refuse refund, in case the student wants it
Consider a typical scenario: A student takes admission to a coaching institute for a two year course, broken into four semesters. The student signs the enrollment /admission form containing various conditions. The institute collects upfront fees for the entire course. After attending classes for a few days/weeks, the student is dissatisfied and wants to opt out, but the institute refuses to refund the fees. It cites a clause in the admissions form that says, "Fees once paid shall not be refunded under any circumstances."
When the student persists with the demand, the institute cites another clause in the form: "In case of any dispute, matter shall be referred to arbitration and institute shall appoint the Arbitrator. The decision of the arbitrator shall be final and binding on the parties."
What is the solution? Here are two real life resolutions.
In one case, Dr Minathi Rath, a student’s father, dragged the coaching institute to the Consumer Forum. The State Commission held in 2006, that the clause "fees once paid is not refundable" was "unconscionable and voidable”. It further directed all educational institutes not to charge fees for the whole duration of the course in advance by way of lumpsum payment. The judgement was reported in the media as well. FIIT-JEE challenged this in the National Consumer Disputes Redressal Commission (NCDRC), but more about that later.
Consider a typical scenario: A student takes admission to a coaching institute for a two year course, broken into four semesters. The student signs the enrollment /admission form containing various conditions. The institute collects upfront fees for the entire course. After attending classes for a few days/weeks, the student is dissatisfied and wants to opt out, but the institute refuses to refund the fees. It cites a clause in the admissions form that says, "Fees once paid shall not be refunded under any circumstances."
When the student persists with the demand, the institute cites another clause in the form: "In case of any dispute, matter shall be referred to arbitration and institute shall appoint the Arbitrator. The decision of the arbitrator shall be final and binding on the parties."
What is the solution? Here are two real life resolutions.
In one case, Dr Minathi Rath, a student’s father, dragged the coaching institute to the Consumer Forum. The State Commission held in 2006, that the clause "fees once paid is not refundable" was "unconscionable and voidable”. It further directed all educational institutes not to charge fees for the whole duration of the course in advance by way of lumpsum payment. The judgement was reported in the media as well. FIIT-JEE challenged this in the National Consumer Disputes Redressal Commission (NCDRC), but more about that later.
Helpful?
15+
15+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
What is the NFTE rule for engineering?
If someone fails to complete the back papers for any semester or any subject in 8 years of engineering, they will not receive a graduation certificate. Instead, the university will give them a certificate of NFTE. This rule can vary from one university to another. 30 May 2019
What is the use of B Tech certificate?
After completing your B. Tech course.
What is unfit for technical education?
What does it mean to be unsuitable for technical education? What does not fit for technical training mean? Technically, NFTE means that a student who does not meet the requirements for third semester within three years of their first admission will be declared as NFTE. 13 May 2016
What is the full form of NFT in engineering?
A Non-fungible Token is a unit of unique data that cannot be exchanged. It is a digital ledger associated with digital files like videos, photos, and audio. 22 Mar 2023
Based on your problem. I advise you to kindly file a writ of mandamus for your daughter career . Moreover as per university laws it's mandatory to get a no dues certificate . U just pay up the dues and file a case against them in consumer court and claim damages.but just try to get certificate from. University
Helpful?
11+
11+
Adv. Abhishek Thommandru
Visakhapatnam | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Consumer Court lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
