Can I sue an educational institute that promised placement support after the course

Hi, I want to sue a private MBA institute that promised me job support if I join their mba programme. But after 2 semesters they didn't provide any job support and they refuse to help

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

The consumer Protection act, 1986, safeguards the interests of the consumers against the unfair or restrictive trade practices carried on by the sellers or service providers. There has been a lot divide on the issue whether ‘education’ comes under the definition of service.

While expanding the scope of the consumer law, the National Commission, incorporated under Section 9 (c) of the CPA, in Bhupesh Khurana & ORS v Vishwa Budha Parishad & ORS opened new doors by stating that imparting education falls within the ambit of service as defined under CPA. It was held that fees are paid for services to be rendered by way of imparting education by educational institutions.

A student becomes a consumer when he/she hires the services of the institute in lieu of the fees paid by him/her to the institute. In TESOL India vs Shri Govind Singh Patwal, the national commission held that guaranteeing jobs to attract students to educational courses and then backing out is an unfair trade practice. In the present case, since the educational institute promised to provide placement support but backed out later, the practice falls under the definition of Unfair Trade Practices (Section 2(r)) and the institute can be sued for such false promises.

Answered on 28 Sep 2018

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