Institute ordered to pay student Rs 60,000 for using his photo, claiming ‘placement success’

100% placement assistance claim

• The complainant got admission to Maya Academy of Advanced Creativity lured by the institute’s advertisement regarding 100 per cent placement after completing a 1.5-year course they offered. 
• He visited the institute in January-February of 2021 and took admission after paying Rs 2,12,754.
• After completing the course, he waited nine months, but the institute failed to place him as per their promise at the time of admission. 
• The complainant subsequently got a job by his own efforts. 
• After some time, he came to know that the institute had claimed in its advertisement of 100 per cent placement that his job had been secured through the institute’s placement. 
• He claimed that the institution was indulging in malpractice.
• Hence, the complainant filed the present complaint under Section 35 of the Consumer Protection Act, 2019.
• Alleging deficiency in service on the part of the institute, he prayed for directions to be issued to them to pay him a compensation of Rs 25 lakh towards false assurance of 100 per cent placement, and another Rs 25 lakh as fake claim of placement without the complainant’s permission.
• Additionally, he sought Rs 10 lakh for mental agony and harassment and Rs 50,000 towards legal costs, along with interest at 18 per cent per annum on the total amount of Rs 60,50,000  from the date of filing of the complaint till realisation. 

Complainant bagged job at Baby Forest

The South West Consumer Court, Delhi, noted that the complainant completed his course in August 2023 and was issued a certificate of merit, and he waited for the institute to secure him a job as promised, but the institute took no such action.

Distressed by the delay and non-fulfilment of the assurance made at the time of admission, he made efforts to find a job on his own, the commission observed.

After he joined a premium baby care brand called Baby Forest as a video editor through his own efforts, the complainant came to know that the institute was using his picture in their ‘placement’ advertisement in a bid to attract more new students without his permission or knowledge, the forum noted.

‘Our Student got placed’

The institute was proceeded against ex parte and the commission said there was no reason to disbelieve the complainant’s unrebutted and uncontroverted testimony, which he had substantiated with cogent evidence.

The complaint included a screenshot of the congratulatory message on the institute’s  Instagram account, wherein the complainant’s picture and details were used to take credit for his efforts without permission. 

The institute captioned the picture saying, “Our student got placed”, which was a misrepresentation of the facts and amounted to deficiency in service as well as unfair trade practice, the commission observed.

Award and directions

The commission directed the institute to pay the complainant an amount of Rs 50,000 towards compensation for using his details without his permission to lure other students into taking admission in the academy. 

The institute shall also pay Rs 10,000 towards the complainant’s litigation costs within three months of receiving a copy of this order, failing which it would be liable to pay interest at 9 per cent per annum on the entire amount from the date of filing of the complaint dated June 12, 2024, till realisation.

Consumer takeaway

The ruling underscores that a consumer cannot be deprived of their right to a claim when they have produced all the documents in favour of their case. 

Aggrieved consumers may contact the consumer helpline in their respective states (Southwest, Delhi helpline: 011-28050114  ) or call the National Consumer Helpline at 1915 for assistance.