Wednesday, July 14, 2010

NON-REFUND OF FEES BY COLLEGES?

ARE YOU A VICTIM OF NON-REFUND OF FEES BY COLLEGES?

In case if you have not joined a college after paying fees and the college is not refunding fees or returning originals, please initiate following steps:

1. Lodge a written complaint with Principal of the college with photocopies of payment receipts etc and obtain acknowledgement on photocopy thereof. Alternatively, mail by speed or registered Ad post.

2. Endorse copies of complaint by speed or registered Ad post to:

A] All India Council for Technical Education [AICTE]
7th Floor, Chanderlok Building, Janpath, New Delhi-110 001

B] Chairman,
University Grant Commission [UGC]
Bahadur Shah Zafar Marg, New Delhi 110 002

3. If you do not get refund and originals in a month, file RTI applications with AICTE and UGC by visiting following links:

Long pending?:
http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html

Central Govt application:
http://www.rtiindia.org/forum/blogs/jps50/19-rti-application-central-govt-info.html

4. Send photocopies of RTI application by post to Principal of the College for his information. This will be a reminder to him.

5. If still you do not get refund and originals or positive reply within one and half months, please file complaint with District Consumer Forum under The Consumer Protection Act 1986 and quote judgement dated 06-07-2010 of NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI in Revision Petition 3926 /2009. This judgement is available at http://164.100.72.12/ncdrcrep/judgement/00100708145925395RP392609.html

6. For filing consumer complaint, you can take free help of NGOs working for consumer protection in your area. State-wise list is available at http://www.cccindia.net/fm.asp. You may take assistance of an advocate also.

7. Relevant paragraph from advertisement No. AICTE/DPG/06(02)/2009 of AICTE is reproduced for your information:

“In the event of a student/ candidate withdrawing before the starting of the courses, the wait listed candidates should be given admission against the vacant seat. The entire fee collected from the student, after a deduction of the processing fee of not more than Rs.1000/- (Rupees one thousand only), shall be refunded and returned by the Institution to the student/ candidate withdrawing from the programme. It would not be permissible for Institutions to retain the School/ Institution Leaving Certificates in original. Should a student leave after joining the course and if the seat consequently falling vacant has been filled by another candidate by the last date of admission, the Institution must return the fee collected with proportionate deductions of monthly fee and proportionate hostel rent, wherever applicable.”

8. Similar public notice is issued by UGC vide its press note Nr. 1-3/2007 [CPP-II] dated 23-04-2007.

9. Please note that Systems do not work on their own in our country, one has to make it work. Law is only as strong as an individual is.

J.P. Shah, Junagadh [Gujarat]
Cell: 9924106490 Email: jpshah50@yahoo.co.in

Tuesday, July 06, 2010

RTI HELPED NGO TO SUCCESSFULLY RESIST FALSE CASES

An NGO [a charitable trust] constructed nearly 200 small houses in 2001 in Kutchh after earthquake for affected persons on no profit no loss basis. The project was funded by Govt. and houses were to be constructed as per govt. guidelines. In 2008 two house allotees filed consumer case against NGO and trustees for poor material and workmanship of houses and claimed damages of Rs. 3.00 lakhs each. NGO came to know that nearly 175 other allotees are preparing papers for filing cases each claiming Rs.3.00 lakhs. Trustees got frightened and their advocate was finding it difficult to prove use of govt. mandated material and workmanship. The leader of allotees was black mailing trustees and was prepared to settle for Rs.1.00 lakh per house.

I was contacted for help through RTI. I was informed that officers of Gandhidham Development Authority, Mamlatdar office and National Council for Cement and Building Materials, Haryana were visiting periodically for inspecting quality of construction. However all these three offices were not cooperating in providing inspection reports to NGO. I guided the NGO to file RTI applications and within 45/60 days we got certified photocopies of inspection report from all these offices pertaining to two houses of which cases were filed. Certificates revealed material and workmanship as per govt. prescribed rules for such construction. Recently both the cases were dismissed based on contents of certificates. Other allottees have now decided not to file cases. NGO got relieved of impending huge liability for noble help they provided to victims of earthquake. I am happy through RTI I could help NGO successfully resist false cases and blackmailing.

RTI does work.

21062010

16 years’ waiting ended in One month through RTI

A retired bank officer had taken Bhavishya Arogya Policy, for which premium of Rs.3140/- was paid on 30-03-1994. Public sector insurance company did not issue original policy despite constant follow-up by letters and visits to the office of Insurance Company. He was compelled to complete formalities for duplicate copy, but was not issued duplicate one. The policy was valid for life time. This senior citizen got frustrated and tired. Recently my friend at Rajkot introduced him to me for invoking RTI for this problem. He filed RTI application on 24-03-2010 and Insurance Company sent him original policy on 29-04-2010. 16 year old problem was solved in a month through RTI. Times of India Ahmedabad edition published this story.

RECOVERY FROM BANK THRU RTI

A nationalized bank in a small town had debited Rs.1165/- towards minimum balance charges from a small customer, without pre-intimation of such condition or even sending advice of debit. The account holder contacted bank manger with his brother who was income tax practitioner. Bank Manager was very rude and challenged the customer that you may approach any body, but amount will not be refunded. Similar was the case of other 4 account holders.

I was approached for help. I prepared one RTI application and a detailed complaint addressed to Nodal Officer of the bank [to be routed through bank manager]. Since bank manager is ACPIO, I advised the account holder to lodge RTI application with Rs.10/- and complaint with the same bank manager.

On 06-04-2010, account holder and his brother visited bank and handed over above papers to bank manger and requested for acknowledgement on photocopies. Bank manager read RTI application and complaint and was literally shocked and perturbed. He very politely offered to refund these charges immediately with a request not to press for RTI application and complaint. He also refunded these charges to other four account holders by calling them on phone to bank for collecting refund cheques.

RTI DOES WORK without RTI even !!!.

RECOVERY FROM BANK THRU RTI

A leading public sector bank had recovered Rs.10000/- from account of my friend’s son towards various service charges while closing the account in Nov 2009. The bank did not respond to normal channels of redressal of complaint. At my guidance, RTI application was filed on 07-12-2009 followed by first appeal for no reply on 07-02-2010. On 05-03-2010 bank contacted him and requested him to collect refund of Rs.5000/- and withdraw RTI application and first appeal. RTI does work.
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RTI HELPED IN MATRIMONIAL DISPUTES

RTI HELPED IN MATRIMONIAL DISPUTES

One of my friends is facing matrimonial cases in UP. His wife has contended that she never visited Gujarat where my friend lived. I helped him file RTI application with Western Railway, Ahmedabad to obtain travel details based on date and train number for journeys from Agra to Ahmedabad and back. Since the matter was one year old, CPIO replied that these details cannot be supplied as record is destroyed in 6 months.

He filed another RTI application asking for details of destruction of record. CPIO visited my friend and requested him to withdraw this second application and assured that he will get details of travel from Ahmedabad to Agra. As assured he provided reply to one query of first application. He could not get details of other inward journey.

My friend filed first appeal but it was of no help. He moved CIC for both the applications. IC was explained urgent requirement of these details in video hearing for being produced in criminal complaints. IC ordered CPIO to get the record and provide all the details within 2 days or provide details of destruction as sought in second RTI application. She also advised that CPIO can access electronic data base and provide required remaining information. My friend got details of both journeys and it will disprove allegations of his wife in her complaint u/s 498a, 125 etc.

30062010

INCOME TAX REFUND

INCOME TAX REFUND

Last week a salaried friend of mine got a phone from IT Dept that his refund of Rs.15000/- was ready and come to dept. When he went there, clerk asked him to pay Rs.750/- [fixed rate for refunds upto Rs.25000/-!!!]. He refused and refund order was not given. He contacted me and I emailed him RTI application and requested him to go to CPIO. When he visited, CPIO called the clerk and tax assistant and informed of RTI application being filed. They after 10-15 minutes delivered the refund order to my friend without bribe.

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RTI MADE THEM REPLY FAST

My friend’s wife was chasing branch, administrative office of a public sector Insurance Company and also IRDA for last 4 months for getting cancellation letter of her agency, so that she can renew her agency with LIC. Due date for submission of this letter to LIC and also updating data on IRDA website was fast approaching. She was at the verge of losing LIC agency also due to non-renewal.

At my request she filed RTI application on the line of my blog posted at http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html. I redrafted at her instance to suit her case. And within 3 days of mailing application, her husband got phone from branch head that letter is being mailed and that he can come for a cup of tea to his office etc. She got required letter within 5 days of delivery of RTI application.

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PROOF OF SERVICE

PROOF OF SERVICE

A youth served for six years as temporary computer operator in a university. After 6 years his services were suddenly discontinued by the university. A case was filed in labour court for restoration of job. Labour court ordered university to take back the youth as labourer, based on records produced by the university in court. Youth challenged this decision in High Court. He was not having documents which can prove that he worked as Computer Operator in the university for 6 years, hence his advocate was not very hopeful of success.

He came in my contact through a friend. We filed RTI application with the university and it had to supply 203 pages indicating that the youth worked as computer operator. The young man could not recollect other records which can help him. We sought inspection of record of the department where he worked in 6 years. He could locate and get additional nearly 200 pages which can substantiate his claim.

All these papers obtained through RTI were given to the advocate and he has found them to be very useful and effective to win the case in High Court. We were required to file first appeal for getting these papers and inspection of record.

WRONG INTEREST CHARGED REFUNDED THROUGH RTI

A retired bank employee from Jamnagar [Gujarat] was wrongly charged overdue and penal interest amounting to Rs.3400/- in his loan account by the public sector bank, with whom he worked through out his life. He represented for refund from branch to regional office to head office of the bank. Retired employees association also took up his grievance. However, nothing worked.

I was contacted for RTI intervention. On 26-05-2010 aggrieved employee filed RTI application with the bank seeking status of representations made by him. It was received by bank at Mumbai HO on 01-06-2010. Bank refunded entire amount on 24-06-2010.

RTI works.

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