Legal Right

[yasinACCA]

hello friends
i have one problem regarding my addmision.
i m just presenting a scenario in front of u. n than u decide what is the right of mine.
i submitted my fees at one of ACCA college in karachi in last june 2006 session for paper 1.3.
n then at the same day i went to the college n said that i want to study 1.3 at any other college bcs i found better teacher than this college. n i said that plz refund my fee.
then the person who was in administration told me that we dont have any policy to refund the amount u can just transfer ur amount.
then i said that ok then transfer my fees to the next dec session means dec 2007.
i gave them application n they give me written evidence on the back of the sleep that ur fee has been transfered.
now the current situation is that
when before 2 days i went to them. n showed my sleep.
now the argument of their management is that the person who accepted ur transfer of fee is no more our employee.
n its not the rule that we transfer ur fee for one year.
then i contacted that person who was the employee of the college n who gave me written evidence.i showed him sleep n than he accepted n made a phone call to the college n said thet it is my writing on the back of the sleep n u must accept it. n then he said to me ok u go ur work has done.
i was happy that now this problem has solved.
when i went again to the college they again denied that we can not do this.
so now plz suggest me that is there any fault of mine or not. if it is mine plz tell me about my fault giving legal n logical reason.
i hope that all n specialy senior member of the forum will take part to solve my this problem.
waiting for ur precious opinion.
thanx[|)]
ALLAH HAFIZ

[kamranACA]

Dear,

You need to consult some legal person (advocate) for this issue.

In my view, you should first of all send them a legal notice from your lawyer and if they will not respond then you should file a civil suit against the college and include the top management and the person who gave you receipt, in the list of respondents.

However, this would entirely be a costly action and may cause more loss / expense than any expected saving.

In our beloved Pakistan, if some body pays the other any sum of amount, he can by no legal means get his money back. [This I said becoz of our behaviours, slow process of courts and legal defects etc in our cases]. Personal influences and power are separate issues. Secondly, you should have checked about their policy for refund etc before making payment. If it is their policy and if such thing is written on their receipts/slips or prospectus etc, then getting back your amount would not be practicable at all.

Due to this, it remains your fault that you paid them the amount.

Regards,

Kamran.

[yasinACCA]

thanx kamran bhai for reply
i m not going to suit a case against them nor any action.
i just want to satisfy my self that is there any fault of mine or not.
it was written on the sleep that fee is not transferable but on the back of the sleep it is written by an authorised person that it is transfered.so in this condition i belived.
by the way u said right that it was my fault that i submit the fee.
thank u very much once again.

[Muhammad Amir]

<b>YasinACCA Vs XYZ College </b>

Bhai yasin i personally feel that it is your mistake rather than their because as far as i know in karachi every college has same procedure that is they neither refund your fee nor they transfer it however some colleges transfer fees like alhamd......

The person who has transferred your fees has simply occured Ultra Vires and so he moraly did so without having a consent from top management...

However the person who is dealing with counseling matters has an implied anuthority to transfer such fees and so from his this action the college is bound to transfer your fees because agent can bind his principal upto the maximum extent of his implied autority(see panorama devemopment case)....

If you file a civil suit you can claim remidies however when we compare it in parlance of (COST BENEFIT ANALYSIS) i feel it will be a 5-6 years activity....

Both Morally and Legally College must transfer your fee...

Just an advice for you brother Yasin <b>"send them legal notice then see their reactions"</b>....

[yasinACCA]

ok dear now they have transfered 50% of my fee n 50% i have to bear.
i have to ask one more question from u Aamir bhai. that in this session Kazim Abbass is not gonna take classes of 2.4 n 2.5.
so now wat should b the choice of teacher.
i will wait for ur rep till monday n then i will take admission
i think u also gonna stdy 2.4 n 2.5.
so plz i need ur suggestions
thank u very much reply me ASAP.
ALLAH HAFIZ

[Muhammad Amir]

Yes Dear YasinACA this was huge embarrassment for me because the management of NCA told me that Sir Kazim has injured due to accident and so he will not convene 2.4(F9) and 2.5(F7) session this time....However i have obtain some informations of who will teach where and so i decided to take admission in alhamd where Sir Atif Abubakar will teach 2.4 and Sir Quid Johar will teach 2.5....Sir Atif abubakar is very good teacher and infact after si kazims incident i think Atif Abubakar is reasonably good option......

I have personally talked Mr Ali Raza(alhamd Admin) he told me that classes will be starting from 4th July(Wednesday) and you can submit fee their till 3rd July(Tuesday)....

In CMS sir Haroon tabaraze will teach 2.4 and sir Quid Johar will teach 2.5....

In SBS sir Great Jawed Zubairee will teach 2.5 however SBS is very distant location for me.....

In Tabbani's School of Accountancy Sir Naveed Bukharee will teach 2.5 and he is very good teacher.....

I think Alhamd is better choice because Sir Atif is also a good teacher and i have heared from my teachers that he is very good in Financial Management...

Regards,
Muhammad Amir

[Muhammad Amir]

Please Also Inform me about your decisions....and if you have further more information you can share it with me...

[yasinACCA]

hi dear
yes Amir bhai i have also searched out about teachers. n i found the options of mr Abeel Ahmed from CAMS.i heard alot about him.today i took one class of him n i think he teaches well.
he teaches 2.4 n 2.5 too.
now i have taken decision that i will study both of these subjects from CAMS.
now what do u decide brother its up to u.
i also select this option bcs of location.
n i m stuyding 2.6 from Javeed Zuberi( is it the right selection?)
ok brother thank u very much for guidance.
ALLAH HAFIZ

[Muhammad Amir]

I have submited fee in Alhamd for F7 and F 9 both....

Sir Jawed Zubairee is (Zakir Naik of Auditing)...he is the only best teacher in Karachi i have studied from him paper 8 (Imp audit Procedures with 2.6)...he is besr choice but remember one thing auditing is a sort of subject where teacher teaches you less and your efforts are nearly 60%(40% of teacher's)........

I will study Auditing bu myself because i have already taken classes last time(i mean December 2006 session)....

Regards,
Muhammad Amir