prospectus v/s sales brochures
mahendrakumar
(Querist) 14 September 2010
This query is : Resolved
whether the prospectus issued by a private management be treated as their sales brochures?
can the institute claim anything (fees etc) which is not expressly mentioned in the prospectus later without the consent of student?
detailed opinion in this regard would be highly appreciated.
Devajyoti Barman
(Expert) 14 September 2010
Prospectus is nothing but invitation for offer and hence it does not create any binding contract between the two. The claim for any fess though not mentioned in the prospectus does not create any breach of agreement.
mahendrakumar
(Querist) 14 September 2010
can they claim anything unilaterally like that?
is such claims legally valid?
s.subramanian
(Expert) 14 September 2010
Recently the legal validity of the statements and the details contained in the prospectus of an educational institution has been considered by the Madras High court which has held that both the student and the institution are bound by them.Therefore the claim of excess fee is illegal and cannot be sustained in law. You can challenge the same before the High court under Art.226 of the Constitution of India.
mahendrakumar
(Querist) 15 September 2010
could you please give the judgement/citation details?
