I want to ensure the fees to be refunded back from the coaching insti

969 votes

Law is on the side of students who want to leave an institute or course mid-way due to lack of facilities as promised and are seeking refund of fees. So, you can firstly send a legal notice to them through an advocate, but it still they don't pay, you can go to consumer court having jurisdiction against the coaching institute for deficiency of services and unfair trade practices under the Consumer Protection Act, 1986.
For any other queries, feel free to contact me.

LawRato LawRato

800 votes

In the present situation, yes, you are entirely entitled to file a case against the coaching institute for the refund of fees at the Consumer Forum.

However, your concerns would be regarding the following:
1) The application form which was signed by you explicitly states that admission fees once paid would not be refunded on any account.

2) As a matter of routine, Coaching Institutes application forms often explicitly state that any dispute would be adjudicated upon by an Arbitrator of "their" choice.

This is often prejudiced against the interest of the students seeking to claim a refund. However rest assured, the Supreme Court has already decided upon the issue and stated that students are allowed to seek a refund depending on the circumstances as stated in your query.

Even if your application form has not stated that the matter should be referred to an arbitrator , you can still file a case against the institute in the Consumer Forum and obtain relief. The Courts have mandated that such clauses inserted by Coaching Institutes put the students at a disadvantage and are voidable under S.23 of the Indian Contract Act, 1872.

In this sort of a stituation, students who are constrained to leave a course through the semester should be aware that the law is in their favour. Educational institutes should be prudent, desist from charge upfront fees for the entire course, and if they do, should not refuse a refund.

Advocate Anuj Nair LawRato