Legal Question in Consumer Law in India

I want to know about the right of a consumer.

Recently, I've registered for a course with an institute which functions in almost all the major cities in India. The course guarantees 100% placement assistance after completing the course. I received a call from the management for payment of entire fees of the course and I asked them to share the placement agreement with me through email before payment of fees. I was straight away denied to see the agreement reason being that it's the policy of the institute to not share the agreement with anyone including the candidates who have paid the registration fees and are yet to pay the remaining amount of the course. They also told me that students who approach the institute come with trust. Students are supposed to have faith in the institute keeping in mind the placement record of the institute in the past and that the agreement will not be shared on any ground. I went to the institute and asked them to allow me to take a look at the agreement on their system itself because they had problem in sharing the same with me. They refused to do it as well.

I informed them that it's not the right practice to follow and that I have right to see the agreement before paying for it but they kept beating around the bush and didn't allow me to see the agreement. Since it was the last day to make the payment, I did the payment without going through the agreement.

According to me what they have done is wrong and they are following an unfair trade practice. I want to confront them about the same and therefore I want to know :

1. Whether any institute can have such policies in place which violates the right of consumer to see the agreement and whether it is an unfair practice?

2. Whether the institute is justified in doing what they have done despite of making them aware about my rights?

3. What action can be taken against the institute for this act?

Also make me aware of any other angle you can think of.

Thankyou!


Asked on 7/06/20, 12:55 am

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

The principle of caveat emptor applies. They can have policies which are confidential. You have no right to see their agreement. If they are unable to place you after successfully passing in the course, then are to be held liable for unfair practices. No consumer right has been violated until they fail to place you. You may take a chance at the Competition commission of India.

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Answered on 7/06/20, 11:37 pm


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