A student, let’s call him Rohan, enrolled in a private college, “Pradeshpur Institute of Technology,” in the state of Pradeshpur about a year ago. Before joining, he was assured that the medium of instruction would be English, as he was not proficient in the local language. He was also promised access to a well-stocked library and campus-wide free Wi-Fi. Based on these assurances, he paid an admission fee of ₹25,000. The college informed him that his admission would only be finalized upon submission of his migration certificate.

Upon attending the first day of classes, Rohan was shocked to discover that all lectures were being conducted in the local language, which he could not understand. He also found that the promised library and Wi-Fi facilities were non-existent. Realizing he had been misled, Rohan approached the administration on the very next day to request a withdrawal and a refund of his fees. Initially, an administrator told him that a refund was “not possible.” After Rohan persisted, the administrator changed his tune and promised to process the withdrawal “soon.” However, it has been a full year, and despite numerous follow-ups, the college continues to stall with the same empty promise, refusing to return his money.

Advice in such cases 📝

This situation involves a clear case of misrepresentation and deficiency in service. Filing a cybercrime report for the transaction is not the appropriate route, as the payment was made willingly, albeit under false pretenses. The core issue is the failure of the college to deliver the promised services. The best course of action is to approach the matter through civil and consumer protection laws.

Applicable Sections of Law ⚖️

• Bharatiya Nyaya Sanhita, 2023 (BNS): The actions of the college can amount to cheating under Section 318 of the BNS. Cheating is defined as dishonestly inducing a person to deliver any property by deceiving them. The college’s false promises about the language of instruction and facilities induced Rohan to pay the fees.
• Consumer Protection Act, 2019: Under this Act, education is considered a ‘service’ and a student is a ‘consumer’. The college’s failure to provide the promised facilities and medium of instruction constitutes a ‘deficiency in service’ and an ‘unfair trade practice’. Rohan can file a complaint in the District Consumer Disputes Redressal Commission.
• Indian Contract Act, 1872: The agreement between Rohan and the college is a contract. The college’s false statements amount to misrepresentation (Section 18) and potentially fraud (Section 17). This makes the contract voidable at Rohan’s option, meaning he has the right to cancel it and demand a full refund.

If you are the complainant 🙋‍♂️

If you find yourself in Rohan’s position, you must act systematically to build a strong case.

• Document Everything: Gather all evidence, including the fee payment receipt (bank statement, UPI transaction ID), the college prospectus or any admission pamphlets, and copies of all email or text message correspondence with the administration.
• Send a Formal Complaint: Write a detailed complaint letter to the highest authority in the college (e.g., the Principal, Director, or Chairman). Send it via registered post with acknowledgment due. This creates a formal record of your grievance.
• Send a Legal Notice: If the college does not respond or refuses to cooperate, the next step is to have a lawyer send a formal legal notice. This notice will outline your entire case, cite the relevant laws, and demand a refund within a specific timeframe (usually 15 days). Often, a legal notice is enough to compel the institution to settle the matter.

If you are the victim 😟

It is crucial not to feel helpless. Educational institutions are accountable under the law. Understand that you have clear rights as a consumer of educational services. Follow a structured approach: document, communicate formally, send a legal notice, and if necessary, proceed with a consumer complaint or civil suit. Persistence is key, as institutions may try to wear you down with delays.

How the police behave in such cases 👮

Police stations may initially be hesitant to register a First Information Report (FIR) for cheating under Section 318 of the BNS. They often perceive such cases as being of a “civil nature” (a breach of contract) and may advise you to approach the consumer court. However, if you can present strong evidence showing a clear intention to deceive from the very beginning, they are obligated under Section 154 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to register an FIR. If the local police refuse, you have the right to escalate the matter to the Superintendent of Police or file a private complaint directly with a Magistrate.

FAQs people normally have 🤔

• Is a consumer case a better option than a police complaint?
  For cases like this, a consumer complaint is often more effective and faster. The Consumer Commission is specifically designed to handle disputes related to deficiency in service and focuses on securing refunds and compensation for the consumer. A criminal case (cheating) aims to punish the wrongdoer with fines or imprisonment and can be a much more prolonged process.
• What if I don’t have a formal written contract?
  A formal contract is not always necessary. The college prospectus, admission advertisements, fee receipts, and any digital communication (emails, WhatsApp chats) collectively serve as evidence of the promises made and the terms of your admission.
• Can I complain to a university regulator like UGC?
  Yes. You can and should file a complaint with the University Grants Commission (UGC) or any other relevant regulatory body that governs the college (like AICTE for technical colleges). They have grievance redressal mechanisms and can take action against the institution.

What evidence is required? 📂

To build a solid case, you will need the following:

• Proof of payment: Bank statements, UPI transaction history, or the official fee receipt.
• The college prospectus, brochure, or screenshots of the website where the promises (language, facilities) were made.
• All written communication with the college, including emails and chat messages.
• A copy of the legal notice sent to the college and its postal delivery receipt.
• Contact information of any other students who have faced the same issue, as they can serve as witnesses.

How long will the investigation take? ⏳

• Legal Notice Response: A legal notice typically gives the institution 15 to 30 days to respond or comply.
• Consumer Court: The Consumer Protection Act, 2019, aims for speedy disposal of cases. A case in the District Commission can be resolved within 6 months to a year, depending on the case’s complexity.
• Criminal Case: If an FIR is filed, the police investigation can take several months. The subsequent trial in court can extend for a much longer period, often years.

Advocate Sudhir Rao, Supreme Court of India