Right to Education and fee payment
I run a self finance school, A child has not been paying his school fees since 7years, we have been trying to take action but local DEO, govt departments, media and ngos keep pressurizing us. They tell us that the child is not liable to pay any fees under RTE law, if this goes on other parents will get influenced and there is no point for us to run a self finance school. kindly guide me as to how i may recover the fees legally. thank you
This will depend on which category the child belongs to. If the child has been admitted to fulfil the "25% seats to economically weaker section" criteria as per the RTE, then you will not be able to recover the fees. This logic will apply if the other parents also start delaying payment of fees.
If the child in question is NOT from such a category, then you can taken legal action. You can issue legal demand notice to the parents who have defaulted the payment of fee.
Alternatively, you can file a suit for recovery of money, under Order 37 of the Civil Procedure Code. This allows a you to file a summary suit. Compared to normal suits, summary suits are disposed off faster. Once the suit is instituted and the summons are issued, the defendant has 10 days appear before the court. If s/he fails to do so, the court will assume your allegations to be true and decide in your favour.
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