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Since each college and university has its own schedule, students often join the first college that gives them a seat and wait for the college or subject of their choice to announce its admission list. If they get in there, they withdraw from the first college and ask for refund of the fees paid. Not all universities have specific rules or guidelines on such refunds and colleges have their own terms and conditions to suit their interests. Some colleges may say they do not return the fee at all, while some may promise to refund part of the fees. There have also been cases where colleges have asked parents to sign an undertaking saying that they will not ask for a refund. Even in cases where universities have drawn up specific rules and regulations, colleges may exploit the loopholes. Before you pay the relevant fees, check on the refund rules of the college. Also, find out if there are any specific rules formulated by the university or the directorate of technical education on the issue. And keep all receipts. It should be made mandatory for colleges to mention the rules pertaining to refund as well as the address of the ombudsman in their admission forms. The apex consumer court or the National Consumer Disputes Redressal Commission has clearly held that services rendered by educational institutions (barring issues pertaining to examinations, such as announcement of results, computation of marks sheet, etc) come under the ambit of the consumer courts. One of the earliest cases pertaining to such refunds was decided by the Maharashtra State Consumer Disputes Redressal Commission in the case of Abel Pacheo Gracias vs the Principal, Bharati Vidyapith College of Engineering. Here, the rule framed by the Director of Technical Education provided that if a student wanted to cancel his admission in an aided college or non-government non-aided college, the college should return the money after deducting 10 per cent out of the tuition fee or Rs 100, whichever was less. However, it stipulated the application for refund should be made by the student 15 days prior to the last date of admission. On the basis of this stipulation, the college said it would not repay the full amount as the student had applied for refund late. Gracias contended his son could not possibly have applied earlier as the results of the Joint Entrance Examination had been declared late that year. After hearing both the parties, the Maharashtra Commission directed the college to retain only Rs100 and refund the rest along with 12 per cent interest and also pay Rs 500 as litigation costs to the consumer. However, in deciding cases such as this, the National Consumer Disputes Redressal Commission has looked at (a) the relevant laws or regulations, if any, formulated by the university or the technical directorate or board concerned; (b) terms and conditions, if any, stipulated by the college and whether the attention of the student or the parent was drawn to it and an agreement obtained; and (c) whether the application for refund was made within a reasonable time so that the college had the opportunity to fill the vacancy left by the student. In the case of Adhiyamaan College vs S. Venkatapathy the contentious issue was the undertaking given by the students at the time of obtaining re-allotment and transfer certificates from the college that they would not ask for a refund if they shifted to another college. The National Commission here adjourned the case to enable the parties to explore the possibility of an amicable settlement. When the matter came up
for hearing again in March 29, 1995, the college said it would refund Rs
6,900 to each of the students within two months, but without prejudice
to the contentions that it had raised in the case. |
