If you are stuck in such a situation, here is what to do.
Mr. Sameer runs a small digital services kiosk in the city of Janakpuri, where he assists locals with services like printing, applying for government documents, and filling out online forms. A few weeks ago, he helped a young student apply for a supplementary examination for a single subject he had failed in his Class 10th board exams, conducted by the “State Educational Board of Aryavarta”.
The application details suggested the exam would likely be held in June. When the student inquired multiple times, Sameer kept checking the board’s website. The official datesheet, released in late May, scheduled the exam for June 25th. Sameer promptly informed the student via WhatsApp. The admit cards were expected a week before the exam.
However, the board, without any public announcement, email, or SMS notification, silently revised the datesheet. On June 15th, when Sameer checked for the admit card, he was shocked to discover that the exam had already taken place on June 12th. Now, a relative of the student has started harassing Sameer, holding him responsible for the mix-up and the student’s missed opportunity. Overwhelmed by anxiety and stress, Sameer offered to refund the service fee and even fill the next form for free, just to end the confrontation. This gesture, unfortunately, was perceived as an admission of guilt.
Sameer’s attempts to contact the State Educational Board have been futile; calls go unanswered, or the staff provides conflicting and unhelpful information. He has learned that numerous other students have faced the same issue due to the board’s administrative failure. The constant harassment is taking a toll on his mental health, and he is seeking a way to resolve this situation legally and permanently.
Advice in such cases
Document Everything: Preserve all communication. Keep screenshots of the board’s website, copies of the application form, receipts, and all WhatsApp or text message exchanges with the client. If you receive harassing phone calls, start recording them after informing the caller.
Do Not Admit Fault Prematurely: Offering a refund or a free service out of goodwill is understandable, but it can be misconstrued. If you do so, clarify in writing (e.g., via WhatsApp or email) that it is a goodwill gesture to maintain a customer relationship and not an admission of liability, as the error was on the part of the educational board.
Communicate in Writing: Insist that all further discussions with the student or their family happen over email or text. This creates a clear record and prevents verbal misinterpretations or threats.
Gather Evidence of Third-Party Fault: Try to find online forums, news articles, or social media groups where other students are discussing the same issue. This will strengthen your case that the fault lies solely with the educational board’s mismanagement.
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
The situation involves elements of civil liability and potential criminal offenses. The following laws are relevant:
Bharatiya Nyaya Sanhita, 2023 (BNS): If the harassment involves threats to cause injury to your person, reputation, or property, it may amount to criminal intimidation under Section 351 of the BNS. Persistent and unwanted communication intended to cause alarm or annoyance can also be addressed under relevant provisions.
Consumer Protection Act, 2019: The student is a consumer of your services. However, a “deficiency in service” claim would be weak against you if you can prove you fulfilled your duty of correctly filling and submitting the form. The actual deficiency lies with the State Educational Board, which failed to conduct the exam as per the initial schedule and did not provide adequate notification of the change.
Indian Contract Act, 1872: Your agreement with the student was to provide a specific service: filling out an application form. You completed this service. Your contractual obligation did not extend to guaranteeing the board’s administrative competence or tracking unannounced changes.
If you are the complainant
If you are the shop owner being harassed, you are the complainant in this context. Your steps should be:
Send a Cease and Desist Notice: Through a lawyer, you can send a formal legal notice to the person harassing you, demanding that they stop all forms of contact and threats immediately. This often resolves the matter without further escalation
File a Police Complaint: If the harassment continues, you can file a complaint at your local police station. Provide all evidence of the harassment, such as call recordings, messages, and details of any witnesses. The police can register a Non-Cognizable Report (NCR) or, if the threats are serious, an FIR under Section 351 of the BNS.
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
If you are the student who missed the exam, you are the primary victim of the board’s negligence. Your recourse is against the educational board:
File a Formal Grievance: Submit a written complaint to the grievance redressal cell or the controller of examinations of the State Educational Board. Detail the entire sequence of events and demand a solution, such as a re-examination or other appropriate relief.
File a Consumer Complaint: The student paid an examination fee and is a consumer of the board’s services. You can file a complaint in the District Consumer Disputes Redressal Commission against the board for “deficiency in service,” seeking compensation for the mental agony, loss of an academic year, and litigation costs.
Approach the High Court: In cases where a large number of students are affected, a writ petition can be filed in the High Court seeking a direction to the board to conduct a re-examination for all affected students.
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
Initially, the police might view a complaint from the shop owner as a minor, non-cognizable, civil dispute. They may be hesitant to file an FIR and might suggest that both parties settle the matter. However, if you present clear evidence of criminal intimidation, threats, or persistent harassment, and especially if you are accompanied by a lawyer, they are obligated to register your complaint and take necessary action as per the law.
FAQs people normally have
What evidence is required?
For the shop owner, crucial evidence includes the application receipt, WhatsApp/SMS communication with the student, any available screenshots from the board’s website showing conflicting dates, and, most importantly, proof of the harassment (call logs, recordings, messages).
For the student (against the board), evidence would include the fee receipt, the initial datesheet, and proof that no individual notification of the change was sent. Witness statements from other affected students would also be highly valuable.
How long will the investigation take?
A police investigation into a harassment complaint can take anywhere from a few weeks to several months, depending on the complexity and the evidence available. A legal notice usually gets a response within 15-30 days. A case in the Consumer Commission can be a longer process, potentially taking 6 months to over a year to reach a final decision.
Advocate Sudhir Rao, Supreme Court of India