The Hindu : Front Page : Consumer forum comes to students’ rescue

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Wednesday, May 14, 2008
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Consumer forum comes to students’ rescue

V.S. Palaniappan

Coimbatore: If a student opts out of an institution immediately after admission, the institution is bound by law to return original certificates and also refund fee after deducting the processing fee.

After the publication of plus two results, students, to be on the safer side, apply for various courses in a number of institutions. Since there is uncertainty over their choice of course and institution materialising, the students accept admissions in institutions of second priority.

Subsequently, when they get a seat of their choice (i.e., professional college admissions) they opt out of the institution they joined earlier. Many institutions refuse to refund the fee already paid and return certificates citing conditions in the prospectus, causing monetary loss and mental agony to the students and their parents who are unaware of the legal remedy through which they can get back the fee and the certificates.

Since 2005 to the last academic year, Coimbatore District Consumer Disputes Redressal Forum (CDCRF) led by S.A. Sreeramulu and members P. Mathavi and K. Rathinam have disposed of eight such disputes.

Quoting the State and National Consumer Redressal Commissions, the CDCRF has stated “imparting of education by an educational institution for considerations falls within the ambit of service as defined under the Consumer Protection Act of 1986” thus answering queries on the jurisdiction and the sustainability of such cases before consumer courts.

In all the eight cases against various institutions, the court ordered return of certificates and refund of fee after deducting a reasonable amount (for the number of days the student has stayed in the institution) with 9 per cent interest till the day of disbursement with compensation for mental agony and cost of litigation. The court also ordered deduction of a nominal amount from the hostel/mess fee for the period of stay. Withholding original certificates would amount to blackmail, the court said.

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