• Consultancy firm alleging a trainee of not paying the fees

I (An Air Hostess Aspirant) joined a training institute cum consultancy firm in Delhi and enrolled myself with another ex-colleague/ friend and after a brief interview and resume scanning, the Director of the firm advised us to go for a course of 10 days (First Aid) fee of 10 K INR, which I promptly paid in 2 installments of 5000 each and underwent the training module which was taken by the Director himself and completed it in like 9 days. And during the process I was sent for some other private charter interview and I was given some feed-backs from the Company which was hiring. And so on the second instance, the Director citing the feedback, advised me to go for another training(Soft Skills) which would be for another 10 Days and would cost me another 10 K INR. I paid the fee and completed the course. After which we were called to the office citing that another company is hiring and we can go for the interview. However, he asked us to pay INR 40K if we get through as he was sending a mail to the Hiring Company and as we didn't have that much amount, we(Me and a colleague) were asked to surrender our IDs as a form of security before we went through the interview and that the same would be returned if we pay him the said amount.Consequently, I went for the interview and was selected and it required me to go to another city for the final orientation during the next couple of days. However, since I had no IDs to travel I went to get my IDs from the Institute along with my elder sister and her Fiance. On reaching the Office, to our amazement, the director totally changed his stance saying he never asked any money for reference but for a training which I have to undergo even if I get through. His reasoning was that his normal course module(Detailed Course) is 3 months and the fee is Rs.50000. However, in my case, I never undertook this detailed course but the ones mentioned above for which I paid the fees. And he himself testified in front of my sister and her fiance that the money is not for referencing but for the detailed course which I need to undergo. And he was asked to produce the receipt copy of the courses she undertook which he admitted it was a lapse from his side as he did not provide the receipt to us when we paid. But he still maintained that I paid 20000 INR for the two courses and 40000INR balance was for the detailed course. We therefore called the trainer to confirm if I started the detailed training module and the trainer confirmed negative which means I never started the detailed training and there was no agreement signed that I owe him 40000 INR for the pending course. And I have every right to choose whether to join the course or otherwise. My Sister and her fiance asked him to return my IDs as he had no right to cease someones original documents failing which we would file a case for harassment. So he had no option but to return the IDs. And the episode that day ended there, we got my IDs back and he failed in his scheming. 
Now the drama starts with him sending mails after mails saying I still owe him the balance 40000 inr and that he would send a legal notice if I fail to pay him the balance amount on such and such date. We replied to his mails asking for reasoning as everything was settled and he promptly gave back my docs. And that we don't owe him a single penny, whatever course i took was paid for and the 40k inr was a course which I didn't start and therefore it is totally my prerogative as to whether to join or not. And this was consulted with my sister as i am not experienced and new to everything. Therefore, there arises no question for him to harass someone to undergo a course against his/her will.
Now his latest mail has another twist again, he is now accusing me of not paying a single penny to him and asking me to produce the receipts because he always provides receipts to whoever enrolls and pays the fee. Whereas three weeks back he himself admitted himself infront of my sister and her fiance that it was a lapse from his side for not providing the receipts. They stand witness to that so is my colleague because she was present when I paid the fees. He is even changing his stand that the course I took is for 40000 inr and not 20000 inr and he has not received a single penny from me.
It is evident from his mails and stands as proof itself that he is radically changing his stance because he clearly mentioned the word "balance" in his initial mails but his latest mail says he has not received a single penny from me which is totally absurd.
Below are some important facts to be given proper attention:
1. Both me and my friend paid a fee of INR 5000 each in two installments for the first course. She stands as a witness.
2. Paid INR 10000 for the second course.
3. On the personal meeting with my sister and her fiance, the director admitted his lapse for not giving the receipts. He further went ahead and clarified the 20000 I paid was for the courses I undertook and that he scan everyone first and then accordingly advise them to go for what training module suit a person best and what isn't needed. Likewise I was never enrolled for the three months course which is of 50000 INR but for two small training modules for approximately10 days each and I paid 20000 INR for those. The trainer confirmed the same.
3. His first mail said " balance fees " which clearly indicated that I paid at least something and there is some balance left. But contradicting himself, his latest mail accuses me of not paying a single penny.
4. The day when he took our IDs he said it was for security if get we through we need to pay him 40000 as he was sending a mail to the hiring company but in another occasion infront of my sister and her fiance he denied saying its not a reference fee but for the detailed training she need to undergo even if she gets through.
Therefore, whatever his reasoning is, it doesn't hold any ground because, it is my God given right as to whether I choose to go for the detailed course or not. And I chose not to, after consulting with my sister.
Asked 2 years ago in Civil Law from New Delhi, Delhi
give legal notice for refund of entire amount
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
serve them with a legal notice asking for receipts for the money paid, refund thereof as course was not completed, claim compensation for harassment,trauma etc you faced and asking not to harass further in any manner .
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) it is necessary to go through the various mails cited by you . 

2)  the mistake you made was you have no receipts regarding payment made by you . i do hope that payment has been made by cheque and not cash . 

3)deny your liability to pay sum of Rs 40,000 allegedly demanded by the firm . since you have not undergone detailed course no further money is due and payable .
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1. What is the specific query?

2. Deny all his claims and demands save what are on record.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
Yes you may talk to me for legal help you need in the matter.you may seek directions from court for stopping such institutes,if you so desire. I am in Delhi High Court.Please call 9811405665
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
there are no: of advocate on this web site  for your help   practicing in delhi
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you can contact any of the lawyers on this website from Delhi  in this regard . meet them after prior appointment and on payment of their consultancy charges
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1. I do not think that the said Institute will take any legal step against you since it has no merit in his claim,

2. The Institute is just threatening you to fole cases & is testing the water thinking that you may succumb to the pressure and opt for some settlement.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0

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