CCPA fines two IAS coaching institutes for misleading ads, using toppers' photos without consent

New Delhi: The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs 8 lakh each on Dikshant IAS and Abhimanu IAS for misleading advertisements, unfair trade practices and violation of consumer rights under the Consumer Protection Act, 2019.

The action came after successful UPSC candidates complained that their names and photographs were used without consent in advertisements falsely claiming credit for their results, the consumer affairs ministry said in a statement.

In Dikshant IAS case, the CCPA received a representation from Mini Shukla (AIR 96, UPSC CSE 2021), who stated that her name and photograph were used in the institute's promotional material without her consent.

She clarified that she had never been associated with Dikshant IAS and had only attended a mock interview at Chahal Academy, which she later discovered was jointly organised with Dikshant IAS.

The institute had published advertisements claiming "200+ Results in UPSC CSE 2021", featuring photographs and names of successful candidates without disclosing the specific courses taken by them.

However, it could produce only 116 enrolment forms against its claim of "200+ results" and failed to submit any agreement with Chahal Academy or evidence showing that students were informed of the joint nature of the programme.

The CCPA found that Dikshant IAS was taking full credit for "200+ results in UPSC CSE 2021" for all stages of the examination by deliberately concealing that the candidates' association with the institute was limited only to the interview stage.

"The advertisements deliberately concealed crucial details about the courses undertaken by successful candidates. This omission created a false impression that Dikshant IAS had contributed to their overall UPSC preparation, whereas their association was limited to the interview stage," the CCPA said.

In Abhimanu IAS case, a representation from Natasha Goyal (AIR 175, UPSC CSE 2022) revealed that the institute had falsely claimed her as its student and used her name and photograph without authorisation.

Evidence showed that the institute had shared a question bank with her for a mock interview that was never conducted, but still used her name and photograph without consent.

The CCPA found that Abhimanu IAS had published misleading claims such as "2200+ Selections since Inception", "10+ Selections in IAS Top 10", and "1st Rank in HCS/PCS/HAS".

The advertisements prominently featured pictures and names of successful candidates from various examinations in 2023 while concealing information about the specific courses these candidates had enrolled in.

The investigation found that of 139 claimed selections across various examinations in 2023, 88 students had cleared the Prelims and Mains stages without any assistance from Abhimanu IAS. The institute had merely provided mock interview programmes or personalized question banks to them.

Regarding the claim of "10+ Selections in IAS Top 10", the CCPA found that most of these selections dated back to 2001-2012, with only two in 2018. The omission of the phrase "since 1999" was held to be a material omission that misled consumers into believing that the institute had recent and frequent top-10 results.

The claim of "2200+ Selections since Inception" remained unsubstantiated as the institute failed to produce any evidence. The advertisements did not specify which examinations these selections referred to, creating a false impression that all selections were from UPSC CSE.

The Consumer Protection Act, 2019 confers upon consumers the right to be informed, which includes the right to receive truthful and accurate information enabling them to make rational choices.

"Misleading advertisements undermine this right and adversely affect consumer interest, particularly in the field of education where aspirants invest significant time, effort, and financial resources," the CCPA, headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, said.

The CCPA has urged successful candidates of competitive examinations to promptly report any instance if a coaching institute falsely uses their name or photograph in advertisements or for promotional purposes.

So far, the CCPA has issued 57 notices to various coaching institutes for misleading advertisements and unfair trade practices. Penalties amounting to over Rs 98.6 lakh have been imposed on 27 coaching institutes.