My son got selected for the first year post-graduate technical course in architecture (M Arch) for the academic year 2022-23 and got admission by paying full fee of Rs91,397 on October 21, 2022. However, in the meantime my son also got selected for a postgraduate course in engineering in Pune on November 14, 2022. Hence we cancelled his admission for M Arch on November 14, 2022 and demanded full refund of the fees. But the architecture college is refusing to refund saying that we have cancelled the admission after the last date for admissions, which was till November 11, 2022. It is unfair on the part of the college to refuse a refund. Is the stand of the college correct?
Dilip Chourasia, Nashik
Please note that the cancellation and refund of college admission fees are governed by rules framed by University Grants Commission (UGC). The UGC has norms prescribed for refund of fees for 2022-23. The colleges are required to refund the full fees if the admission is cancelled 15 days before the last date of admission. If the admission is cancelled less than 15 days before the last date of admission, then the student is entitled to 90% refund. If the admission is cancelled within 15 days after the last date of admission even then the student is entitled to 80% refund of his fees. Even if the admission is cancelled after 15 days but before 30 days after the last date of admission, the student is entitled to 50% refund of the fees paid. What is more important, any amount paid by way of caution money or deposit has to be refunded in full in any of the above categories. In your case, since you have cancelled your admission on November 14, ie within 15 days after the last date of admission, you are entitled to 80% refund. Furthermore, such refund has to be given by the college within 15 days from the date of receipt of the application for refund. The UGC can take disciplinary action against the college for violating the rules. You should therefore lodge a complaint on the UGC’s grievance portal.
I had booked a 2-BHK flat in April 2018 by paying Rs20 lakh (20% of total price) and registered the agreement for sale. The promised date of possession was March 2023. However, as of date no work has started on the site. I therefore sought cancellation of the agreement and asked for the refund of Rs20 lakh with interest. But the developer informed me that he would refund only Rs20 lakh and pay no interest . What should I do?
Rucha Pantvaidya, Dombivali
Home-buyers’ rights against unscrupulous developers are now very well protected under RERA. Sec 18 (1) stipulates that if the homebuyer (referred to as “allottee” in the RERA Act) wants to exit the real estate project on account of delay in getting the possession, the developer is liable, on demand, to refund the entire amount paid by the allottee along with the Interest at the prescribed rate and compensation. The interest to be paid by the developers is also prescribed under RERA rules, which is RBI’s maximum lending rate + 2 % and this Interest has to be calculated from dates of respective payments made by the allottee. You should therefore formally call upon the developer in writing to cancel the booking and demand refund of your entire amount along with interest. You can also demand compensation, in addition to the Interest, if you have suffered any loss on account of such delay. If the developer refuses then you can file a complaint at MahaRERA.
Our society is considering to go for re-development through developer or through self-redevelopment. In such situation, how much majority must vote for such a proposal? Some say it is two-thirds, some say it is 70%, while some say it is a simple majority of 51%. What is the exact position in law about it?
Rajesh Sawant, Andheri (West)
Re-development, whether through builder or self-redevelopment by society members or cluster re-development, is governed by government resolution (GR) dated July 4, 2019 issued under Sec. 79 A of the Maharashtra Co-operative Societies Act, 1960. According to clause 10 of this GR, the quorum for such special general body meeting is two-third of the total membership strength. If at the appointed date and time for such meeting the two-third quorum is not fulfilled, then the meeting shall be adjourned and shall be re-convened within next one month. If in this meeting too the quorum of two-third is not fulfilled then it will be assumed that the members are not interested in the redevelopment of the society building and such meeting shall be called off. The society cannot then organise such special general meeting for the next three months. In a meeting with such quorum of two-third members, the resolution for the re-development has to be approved by the majority of members present, which shall not be less than 51% of the total membership of the society. To clarify it numerically, if the society has 100 members, the quorum for such meeting shall be presence of at least 67 members. Once this quorum is present then the resolution for re-development has to be approved by at least 51 members present at such meeting.
(Advocate Shirish Deshpande is a consumer activist and chairman of the Mumbai Grahak Panchayat.)
Email: shirish50@yahoo.com
