Legal Notice to College or Admission Agent for Cheating, Fee Dispute & Withheld Certificates

By Speed Post with Proof of Delivery / other legally provable mode

Date: ____________

To:
1. Mr./Ms. ______________________
Designation / Admission Coordinator / Agent
________________________________
Address: _______________________

2. The Manager / Director / Principal
________________________________ Institution
Address: _______________________

3. The Trustee / Chairperson / Competent Authority
________________________________ Trust / Society / University
Address: _______________________

LEGAL NOTICE

Subject: Notice concerning alleged misleading admission / scholarship representations, unlawful or contrary fee demands, withholding of original educational certificates, obstruction of academic activities and consequential loss.

Sir/Madam,

Under instructions and authority from my clients:

1. ______________________, S/o / D/o ______________________, Address ______________________;
2. ______________________, S/o / D/o ______________________, Address ______________________;
3. ______________________, S/o / D/o ______________________, Address ______________________;
4. ______________________, S/o / D/o ______________________, Address ______________________;

I hereby serve upon you the following legal notice:

1. My clients are / were students of __________________ Group of Institutions / College, administered by __________________ Trust / Society / University. Their admissions relate to the academic year __________.
2. In or about __________, Mr./Ms. __________________ and/or other representatives / admission agents contacted my clients and represented that admission would be offered through __________________ admission / scholarship process and that specified tuition-fee concessions / scholarships would be available subject to the stated conditions.
3. Relying upon those representations, my clients participated in the admission / scholarship process and paid the amounts stated below. They contend that these payments and admissions were made in reliance on the written and/or provable representations made to them.

4. After the admission / scholarship process, an Admission-cum-Scholarship Letter / other written communication dated __________ was issued by __________________ and signed / authenticated by __________________. A copy is available with my clients / was originally issued to them.
5. The said document / representation stated, inter alia, that ____________________________. My clients relied upon this representation while taking admission and arranging their finances.
6. My clients thereafter joined the respective courses and attended classes from __________.
7. Subsequently, contrary to the representation / declared admission terms relied upon by my clients, demands were raised for ₹__________ towards __________________. My clients dispute these demands for the reasons stated above and through their earlier communications dated __________.
8. My clients repeatedly requested the institution and the concerned admission representatives to honour the written admission / scholarship terms, provide a correct statement of account and resolve the dispute. Copies of such communications, where available, are preserved.
9. Despite those requests, my clients state that they were pressured to make the disputed payment and that the grievance was not resolved through a fair written process.
10. My clients further state that one or more students were prevented from attending classes from __________ and/or were threatened with or subjected to academic restrictions because of the disputed fee demand. Full particulars and supporting records are available with them.
11. Where applicable, my clients state that they were prevented from appearing in examinations / were denied examination-related facilities on __________. The exact examination, communication and reason recorded by the institution should be treated as part of this notice.
12. My clients' next academic / examination requirement is scheduled for __________. Any unlawful obstruction may cause serious and potentially irreversible academic prejudice.
13. My clients further state that hostel or other charges of ₹__________ have been demanded for __________. They dispute such amounts to the extent that they are contrary to the disclosed terms, not actually availed, incorrectly calculated, or otherwise not legally recoverable.
14. My clients state that the institution / its representatives took custody of original educational certificates / admission documents including __________________. If such documents continue to be retained, you are called upon to return them immediately against proper acknowledgement, subject to any lawful verification procedure.
15. My clients also state that original Admission-cum-Scholarship Letter(s) / related documents were collected back from some students. If so, certified / authenticated copies and the complete admission record are demanded forthwith.
16. My clients contend that the subsequent fee demands and other acts are inconsistent with the representations and written admission terms on which they acted. You are therefore required to provide a reasoned written response together with the governing prospectus, fee structure, refund policy, scholarship terms and statement of account.
17. If the evidence establishes that the admission / payment was procured from the outset by dishonest or fraudulent deception, my clients reserve the right to invoke Section 318 of the Bharatiya Nyaya Sanhita, 2023 and other applicable penal provisions. For acts occurring before 1 July 2024, the penal law applicable to the relevant date will govern. Nothing in this notice should be read as alleging a criminal offence merely because of a subsequent breach of contract.
18. My clients also reserve their rights under the applicable UGC student-grievance framework, AICTE rules / handbook where applicable, the governing university or statutory-council regulations, contract and civil law, and any other remedy available on the facts.
19. If the institution is operated by a charitable trust / society or enjoys any statutory, fiscal or regulatory benefit, my clients reserve the right to place supported violations before the competent regulatory or governmental authority where legally relevant.
20. Accordingly, you are called upon, within 7 days from receipt of this notice or within such shorter period as an imminent examination reasonably requires, to:
    1. withdraw or keep in abeyance all disputed fee demands until a reasoned reconciliation is supplied;
    2. provide the complete fee statement, scholarship / concession terms, prospectus and relevant admission records;
    3. return all original educational certificates and documents not lawfully retainable;
    4. permit my clients to attend classes and participate in examinations and academic activities, subject to lawful academic eligibility requirements;
    5. correct any improper hostel or other charges and process any refund lawfully due;
    6. confirm in writing that no retaliatory academic action will be taken merely for raising this bona fide grievance; and
    7. compensate my clients for proven loss and expense to the extent legally recoverable.

Failing satisfactory compliance within the above period, my clients shall be at liberty to pursue appropriate remedies before the competent institutional grievance body, UGC / other statutory regulator, police or criminal court where the ingredients of an offence are made out, and/or the competent civil or other forum, entirely at your risk as to costs and consequences.

This notice is issued without prejudice to all other rights, claims and remedies available to my clients in law and on facts.

You are further called upon to preserve all admission records, prospectuses, advertisements, scholarship records, payment data, correspondence, CCTV / electronic records (where relevant), attendance records and examination communications relating to my clients.

The cost of issuing this notice, presently quantified at ₹__________, is also claimed to the extent recoverable in law.

A copy of this notice is retained in my office for record and further action.

__________________________
Advocate
Enrollment No. __________