One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me regarding a dispute with ABC Coaching Institute in City A. He had enrolled on DD/MM/YYYY for a competitive exam preparation course after being promised that the entire syllabus would be completed within a specific timeframe. The institute representative, Mr.Y, assured him of superior teaching quality and faster completion compared to other institutes. Mr.X paid the full fees upfront as demanded. However, within days of joining, he realized the coaching quality was substandard, classes were irregular, and the promised timeline was unrealistic. When Mr.X requested a refund citing misrepresentation and breach of contract, the institute refused, claiming their no-refund policy. The institute had clearly engaged in unfair trade practices by making false promises to attract students and then denying legitimate refund requests based on their failure to deliver promised services.

Advice in Such Cases

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 to 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.

Preserve all documentation including admission receipts, fee payment proofs, and any written communications with the institute. Document the promises made during admission and how they were breached. Send a formal legal notice demanding refund within 15 days, clearly stating grounds for refund request and consequences of non-compliance.

Applicable Sections of Law

This case primarily falls under consumer protection laws and contract law. Under the Bharatiya Nyaya Sanhita (BNS), Section 316 deals with criminal breach of trust which applies when coaching institutes misappropriate fees. Section 318 covers cheating, relevant when false promises are made to secure admissions. The Consumer Protection Act, 2019 provides remedies for deficiency in services and unfair trade practices. Additionally, BNSS provisions under Section 173 allow for filing complaints regarding fraud and misrepresentation in commercial transactions.

If You Are the Complainant

• File a consumer complaint with the District Consumer Forum within two years of the cause of action
• Send a legal notice to the coaching institute demanding refund with 15-day deadline
• Document all evidence of misrepresentation, poor service quality, and breach of promises
• Calculate exact damages including fees paid, additional expenses, and mental harassment compensation
• Consider filing an FIR if there’s clear evidence of fraud or cheating under BNS provisions

If You Are the Victim

• Immediately stop attending classes and document the reasons for discontinuation in writing
• Collect contact details of other affected students who can serve as witnesses
• Record any verbal admissions by institute staff about service deficiencies or policy violations
• Take screenshots of any advertisements or brochures that contain false promises
• Maintain detailed records of all interactions with the institute including dates, persons met, and conversations

How the Police Behave in Such Cases

Police typically treat coaching refund disputes as civil matters initially and may reluctant to register FIR unless clear fraud is established. They often suggest approaching consumer forums first. However, if substantial evidence of cheating, criminal breach of trust, or fraudulent misrepresentation exists under BNS provisions, they must register FIR. Police may conduct preliminary inquiry to determine if the case has criminal elements before proceeding with formal investigation.

FAQs People Normally Have

Can I get full refund if I discontinue within few days? Yes, if services are deficient or promises are breached, you’re entitled to refund regardless of institute’s policy.

Is the no-refund policy legally valid? No, such policies are void if they exclude liability for deficient services or unfair trade practices.

How long does consumer court process take? District forums typically dispose cases within 3-5 months if properly documented.

Can I claim compensation beyond fees? Yes, you can claim damages for mental harassment, loss of time, and additional expenses incurred.

What Evidence Is Required?

• Original admission receipt and fee payment proofs
• Course brochure or advertisement containing promises made
• Written communications like emails, WhatsApp messages with institute
• Witness statements from other students facing similar issues
• Audio/video recordings of conversations with institute representatives
• Bank statements showing fee payment transactions
• Medical certificates if mental harassment caused health issues

How Long Will the Investigation Take?

Consumer forum proceedings typically take 3-5 months if all evidence is properly documented and presented. Police investigation, if FIR is filed, may take 2-3 months for preliminary inquiry and charge sheet filing. The actual resolution depends on institute’s cooperation and complexity of the case. Courts generally prioritize consumer cases and provide faster disposal compared to regular civil suits.

Advocate Sudhir Rao, Supreme Court of India