Recently, a case came to light involving Mr. Alok Verma, whose niece, Priya, sought admission into a prominent coaching centre, “Excel Academics,” in the city of Amodpur. Having recently moved from a different state, they were careful in their selection. Priya attended a demonstration class for a specific competitive exam preparation course and was impressed with the individual attention she received, as she was the only student present.
Convinced, they paid the full course fee and Priya enrolled. However, the problems began on the very first day. The main classes were conducted entirely in a language she was not comfortable with, contrary to the bilingual approach she was expecting. Furthermore, her study sessions were constantly disrupted. She was pulled out of one ongoing class to attend another module’s session, which was then cut short to accommodate another batch. This disorganized and unprofessional environment made her extremely uncomfortable, and after just two days, she decided to withdraw from the course.
When Mr. Verma approached Excel Academics for a refund, his request was flatly denied. The management pointed to a strict “no-refund policy.” The critical issue was that this policy was never mentioned or provided in writing during the admission process. It was only after the full payment was made that they were made aware of this clause. Feeling cheated, as Priya had attended only for two days without gaining any substantial benefit, Mr. Verma sought to understand his legal options against this unfair practice.
Advice in such cases
Document Everything: Keep a record of all communications with the institute. This includes emails, text messages, and if possible, notes from verbal conversations with dates and names of the staff members you spoke with.
Written Communication: Send a formal email or a registered letter to the institute clearly stating your reasons for withdrawal and requesting a refund. This creates a formal paper trail.
Send a Legal Notice: If the institute does not respond or refuses the refund, the next step is to have a lawyer send a legal notice. This official communication often prompts the other party to seek a resolution to avoid litigation.
File a Consumer Complaint: If the legal notice fails, you can file a complaint with the District Consumer Disputes Redressal Commission. Educational institutions that provide services for a fee fall under the ambit of the Consumer Protection Act.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
Applicable Sections of Law
This situation is primarily governed by the Consumer Protection Act, 2019. The key concepts applicable here are:
Deficiency in Service [Section 2(11)]: The institute’s failure to provide classes as promised (e.g., language of instruction, organized schedule) amounts to a deficiency in service.
Unfair Trade Practice [Section 2(47)]: Concealing the “no-refund policy” at the time of admission and imposing it later is a classic example of an unfair trade practice. It misleads the consumer into making a decision they might not have otherwise made.
The Indian Contract Act, 1872: Principles of contract law also apply. A contract based on misinformation or where crucial terms are not disclosed can be challenged.
If you are the complainant
As the person who has paid the fee and is seeking a refund, you are the complainant. Your goal is to prove that the service provided was deficient and the institute engaged in an unfair trade practice.
Gather all your evidence, including the fee receipt, the institute’s brochure or advertisement (which might have made certain promises), and any written communication regarding the course and the refund request.
Draft a detailed complaint outlining the sequence of events, from the promises made during admission to the issues faced in the classes and the subsequent refusal of a refund.
File the complaint in the appropriate Consumer Commission based on the fee amount and jurisdiction. You can claim a refund of the fee, along with compensation for the mental harassment and litigation costs incurred.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
If you are the victim
As a victim of such unfair practices, it is important to assert your rights. You have paid for a service that was not delivered as promised.
Do not be intimidated by the institute’s “no-refund” policy, especially if it was not disclosed to you beforehand. Such one-sided clauses are often held to be invalid by consumer courts.
Your primary recourse is the consumer protection framework, which is designed to protect individuals like you from being exploited by service providers.
Focus on claiming not just the fee paid, but also compensation for the distress and disruption caused to your academic plans.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
How the police behave in such cases
In disputes of this nature, the police generally do not intervene. This is considered a civil dispute related to a breach of contract and deficiency of service, not a criminal offence. If you approach a police station, they will likely advise you to seek a remedy through the consumer courts or a civil court. Police involvement would only be warranted if there is a clear element of criminal cheating or fraud with malicious intent from the outset, which can be an offence under the Bharatiya Nyaya Sanhita (BNS). However, for most fee refund cases, the consumer forum is the appropriate and designated authority.
FAQs people normally have
What evidence is required?
To build a strong case, you will need:
Proof of payment (fee receipt).
The institute’s prospectus, brochure, or website screenshots that advertise the course features.
Any email or WhatsApp communication with the institute’s representatives during admission and while seeking the refund.
A copy of the legal notice sent and its postal receipts.
A detailed affidavit from the student narrating the poor quality of service and the events that transpired.
How long will the investigation take?
The term “investigation” is more relevant to criminal cases. In the context of a consumer complaint, the process involves filing the complaint, the opposite party filing their reply, presentation of evidence, and arguments. The Consumer Protection Act, 2019, mandates a speedy disposal of cases, ideally within three to five months. However, depending on the complexity of the case, the workload of the commission, and procedural delays, a final order can take anywhere from six months to over a year.
Advocate Sudhir Rao, Supreme Court of India