If you are stuck in such a situation, here is what to do.

After completing his 12th-grade examinations from the Uttar Pradesh board, a young student named Rohan decided to pursue a course in airport ground staff management. He came across a website for the “Aviation Career Entrance Test (ACET)” and paid an online fee of ₹1,600 for their entrance exam, which he took last month.

A few days after the exam, the ACET website updated, instructing him to pay ₹35,000 for seat allotment, with the assurance that this amount would be deducted from the total course fees. Rohan, trusting the process, paid the amount. Having scored well, he was offered a place at a few institutes and chose the “Jaipur Aviation Academy” for his preferred course. The academy then demanded an additional ₹25,000 for admission enrollment, which he also paid.

A month went by with no communication from the institute. After persistent efforts, Rohan discovered that the Jaipur Aviation Academy was on the verge of shutting down. He was then arbitrarily shifted to an institute in Odisha, which had no hostel facilities and poor local accommodation options. Disappointed, Rohan began searching for other options in Lucknow. An institute there informed him that no entrance exam is required for an airport management course and that he had likely been scammed out of his money.

Rohan now desperately wants a refund of the ₹60,000 he has paid. His family is not financially well-off, and his mother had to sell her jewelry to arrange for the funds. He is afraid to tell his parents what has happened. The ACET and the Jaipur institute have become unreachable, and their phone numbers are unavailable. Online reviews have confirmed his fears, with many others sharing similar stories of false promises. He no longer wishes to pursue any course and just wants his money back, especially since his father’s business is also struggling. ACET has responded to his email stating that a refund is a lengthy procedure that could take 15-20 days, offering little hope.

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 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.
• Send a Legal Notice: Your lawyer can draft and send a formal legal notice to the institute and the examination body, demanding a full refund within a specified period. This is often the first step and can lead to a resolution without further litigation.
• File a Consumer Complaint: Since you paid for an educational service that was not provided as promised, this constitutes a “deficiency in service.” You can file a complaint before the appropriate District Consumer Disputes Redressal Commission.
• Approach the Police: The actions of the institute, involving false promises and inducing payment, may amount to the criminal offense of cheating. You can file a police complaint.

Applicable Sections of Law

This case involves elements of both civil and criminal wrongdoing. The primary laws applicable would be:

• The Consumer Protection Act, 2019: For deficiency in service and unfair trade practices by the educational institute.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): Specifically, Section 318 for Cheating and Dishonestly Inducing Delivery of Property. If the institute had no intention of providing the service from the beginning, it is a clear case of cheating. Section 316 for Criminal Breach of Trust may also be applicable if they misappropriated the funds entrusted to them for a specific purpose (admission).

If you are the complainant

• 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.
• Gather All Documents: Collect every piece of evidence you have. This includes payment receipts, bank statements showing the transactions, screenshots of the website, all email communications, and any advertisements or brochures you relied on.
• Draft a Detailed Complaint: With the help of your lawyer, write a clear, chronological account of the events, from the first payment to the discovery of the fraud. Attach copies of all your evidence.
• Follow the Legal Path: Your lawyer will guide you on the best course of action, whether it is to first send a legal notice, file a consumer complaint, or lodge a First Information Report (FIR) with the police.

If you are the victim

• 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.
• Do Not Panic: While the situation is stressful, it is important to remain calm and act methodically to recover your money.
• Preserve Evidence: Ensure all digital and physical evidence is safely stored. Take screenshots and print emails immediately.
• Cease Further Payments: Do not make any more payments to the institute or any related entity, no matter what promises they make.
• Act Promptly: Delays can sometimes weaken your case. It is crucial to seek legal advice and initiate action as soon as you realize you have been defrauded.

How the police behave in such cases

Often, the police may initially perceive such cases as being of a “civil nature” and might be reluctant to file an FIR, suggesting you go to a consumer court instead. However, the elements of deception and dishonest inducement clearly bring it within the ambit of cheating under the BNS. A competent lawyer can present the facts in a way that highlights the criminal intent, compelling the police to register an FIR. If the local police station refuses, a complaint can be filed with a senior police officer (like the Superintendent of Police). As a last resort, a private complaint can be filed before the Magistrate under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), who can then direct the police to investigate.

FAQs people normally have

Can I get a full refund of my money?

Yes, if you can prove deficiency in service or cheating, you are entitled to a full refund. The consumer court may also award compensation for mental agony and litigation costs.

What if the institute has shut down or is untraceable?

Legal action can still be initiated against the directors or owners of the company that ran the institute. A lawyer can help trace them through company registration details and other public records.

What evidence is required?

The more evidence you have, the stronger your case will be. Crucial evidence includes:

• All payment receipts and bank transaction details.
• Screenshots of the institute’s website and the ACET portal, especially the pages promising the course and seat allotment.
• All email and text message correspondence with the institute and the exam body.
• The brochure or advertisement that you saw initially.
• A copy of the online application form you filled out.

How long will the investigation take?

The timeline can vary significantly. A consumer complaint is designed to be a speedier remedy and can be resolved within a year. A police investigation and the subsequent criminal trial can be a much longer process, potentially taking several years, depending on the complexity of the case and the cooperation of the accused parties.

Advocate Sudhir Rao, Supreme Court of India