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Indian Law/Reg.admission denied and fees not refunded

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Question
Helo

i took provisional admission to a masters degree program in one pvt. college at new delhi in 2012 and paid the annual fee amounting about 15000/- :the admisn was provisional that my current graduation examination results were not submitted to the office during admission

they took my sign on just a printed sheet that if i do not get atleast 50% ,i wud be denied admisn....i was hopeful but future is uncertain...

i pasd out with 49 % ...and the marksheet were handy to me aftr 45 days of takin the provisional admisn.....whn i went back to the ofc they just said that they wud certainly do somethng for me...they acted as if mercy letter was being sent on behalf of me frm the h.o.d 's side to the vice chancellor...bt never let me knew what was the reply...instead,they just wasted tym..3months passed......then i demanded my money back and was ready to cancel my admisn...they denied sayin that the law prohibits


1.a general category candidate from taking a degree exam with his past record of leSs than 50%,as a govt.rule


&&


2.as per univ.rules the fees cannot be refunded.


they have cheated me sir and have wasted my one whole year and a lot of money as i belong to a low income family....

my ques.is

1....are the colg admin saying right?

2....can i legaly take my money back and claim damages against them for wasting my 1whole year?
if so...

i do nt belong to delhi ....what if i file a suit at my hometown...


pls help me sir....!!!!!!!!!!!!!!!!

Answer
Since it was a provisional admission,in case you did not fulfil the admission criteria,they are legally bound to refund the fees.They have no right to forfeit the admission fees.You may file a suit before the appropriate Forum for breach of contract.You may also lodge a formal complaint before the V.C. of the said University with a copy to the UGC.Further, you can file a criminal complaint against the Inst. for cheating.

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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