Training period fee by telecom company

I gave an interview in a telecom company for the profile of RF Engineer and on selection I paid training fee of rupees 10000 and when they offered me my offer letter it said that "after the training period of 25 to 45 days i'll have to give an another interview to be placed in the company or one of its associates and the placement will take up to 30 days". But that's not what I applied for and if asked for money back they are saying its non-refundable. Please is their anyone who can offer me some legal advice on this matter .

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Dear Shakeel,

On reading your quesry my preliminary observation is that at the time of signing up for the trainig wherein you had given 10,000 rupees there would have been a contract wherein these terms and conditions would have been mentioed. Please check the document. In case the document contains this disclaimer that the money is not refundable and you have signed the document then you are bound by that document and as per the Contract Act, you have contractually agreed to the same. so today you cannot seek a refund. However in case there is no document or any advertisement which says that the money is not refundable then you can give them a legal notice for recovery of the money followed by a suit for recovery in the civil court. You also have other out of court options which can be determined upon looking at the documents which you have. You can contact me for further assistance. my email id is legalcare4@gmail.com

Answered on October 23, 2017.
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If you wish to go for civil remedy then send a legal notice whereas if you wish to adopt criminal remedy then file a complaint under section 415, 420 of IPC, 1860.

Section 415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper­ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.

 

Section 420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Answered on December 3, 2017.
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