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Foreign university not refunding fee after I changed my mind


04-Aug-2023 (In Consumer Court Law)
Hi, I would like to ask for an advice. I was about to do a one year MSc course in a foreign country. I was asked to pay the tutition fees and I did this on 29th of June. 5 days later on 4th of July I received terms and conditions that I was asked to sign. I just recently decided to withdraw from the course and do it in the next two or three years. The university is now saying that my tuitions fees cannot be returned according to T&C. I know I am stupid that I did not ask for any terms and conditions before paying the money but it was my first time applying and nobody provide me with any information of what will happen. Was there any breach on the university's side with regards to asking a payment from me without showing and sending me T&C? I did not sign any contract with the university and thus there are no documents with my signature indicating that I accept the conditions. Is there anything I can do to get my full payment? Thank you.
Answers (3)

Answer #1
814 votes
Sending your details with selection of course you want to do and sending payment for the same would lead to the conclusion that you have made payment after understanding everything .In case it is mentioned in terms and conditions that the payment made is not refundable ,it may not be possible to get the same back.You can try to get refund by making a request that due to some sudden problem ,you are not in a position to start the Course immediately and request for refund or as you are suggesting that you will do it after 1-2 years ,you can in the alternative ask if money is not refunded ,whether the money paid can be adjusted in future period ,if you decide to join the course later .You can correspond and see the result as otherwise there may not be any remedy to recover the amount .All depends on terms and conditions for refund etc and jurisdiction mentioned in case of any dispute in that regard and accordingly you can try by sending mails etc ,as your plea that you got terms and conditions later may not be helpful.Depending on amount paid and if there is nothing mentioned regarding jurisdiction etc in terms & conditions in case of any dispute ,you can take chance in Consumer Forum ,as chances of getting relief there are also very remote and it is very time consuming also.
Answer #2
769 votes
Yes, the university has breached the trust, before accepting the fee they should have shown and signed the T& C from you.
As defence, kindly always quote: The cheque was given by me with an instruction to hold it's presentation in bank unless & until you had read the terms & conditions and signed the same.
Hence the university didn't follow the procedure & now it's a breach of trust.
You are also now in position to file or make a complaint U/s IPC.
Answer #3
729 votes
Yes, definitely you can sue the University for recovery of your fee amount in a consumer court , since you received the T&C after payment of the fees. Furthermore, as you said that you did not sign the T &C document which you received on 4 July, it is clear that there was no consent from your side regarding the T&C of the University. You can take all the necessary documents relating to the admission process , along with the receipt of the fees which you paid to the university and file a complaint before a consumer court.

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