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sahayam   17 March 2015

Coaching institute asks for money

 Respected Lawyers and friends,

        I am  a student who joined a coaching institute before 1 year. They asked 5000/- initially for level 1, then 6000/- for level 2, then 9000/- for special coaching. We asked for the payment receipt, but they didn't give, they asked us to sign a bond for 72k which should be paid after appointment. Only some students signed along with their parents' sign.Some students' parents didn't sign, recently (i didn't know when it happened) they forged my parents' sign on the bond, I am about to get a court notice from them , if the case proceeds will it affect my job which i'm about to go?

 

 



Learning

 3 Replies

ROHIT SHARMA (Legal Advisor )     17 March 2015

1. Do not worry. Your father can testify before the court that the signature on such bond has not been done by him. They have the burden to prove that this signature on the bond was done by your father and which they will not be able to sustain. Ultimately their suit will fail. If you got a join on your own and not through their placement then in no case can they stop you from getting such job.

Kumar Doab (FIN)     17 March 2015

Forgery is offence. The burden to prove is on the Instt.

The Bond is created in lieu of what extra ordinary favor?

if you have undergone training then you have paid for it.

If NO receipt is supplied, all student may stand as witness to each other and demand receipts.

If the counters are CCTV covered obtain untampred footage thru police/court.

All student can approach students unions,parents unions, officials in State Education dept, too.

Avoid employer that coerce/force/to sign Bond/service Agreement.

Samal Kumar (ADVOCATE HIGH COURT OF KERALA)     21 March 2015

In case your father alleges that his signature was forged by the Institution, it is serious criminal offence and burden of proof shifts to the Institute to prove the same. Moreover, expert opinion can be taken regarding genuinity of signature. This will have negative impact on the reputation of the institution..

Even though you had paid fee for all 3 years, by not issuing receipt for the same, institute is cleverly making a valid consideration for the bond. Need to defeat such move through other valid evidence such as their internal registers, bank account details etc. These can be seized with intervention of police/Court. Need to move fast to avoid altering/tampering/destroying such evidence.


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