A.
Dear Client,
The basic idea behind an Income Share Agreement( ISA) is the value transaction between two parties – the student and the educational institute. The student receives education and training, applies that to get the right job, and pays the value back to the institute in the form of fixed shares of their income. The maximum period to pay off the ISA amount ranges from 2-10 years and differs from institute to institute. ISAs are not illegal. It's an agreement between two parties. If two parties have signed it, and one party decides to breach the contract, the matter could be taken to the Court. NBFCs are non-banking financial companies engaged in the business of loans and advances. These companies are registered with the RBI and have the license to issue loans and investments to stakeholders. So, if NBFCs are registered with the RBI and approve a loan to the student through a legally binding contract, there’s no question that the ISA is an illegal contract. So, when an ISA is a legally valid contract, the breach of said agreement/contract by either party shall face legal consequences once the matter is litigated before the Court. In case it appears to you that the demand of the Coding Ninja is contrary to the terms of ISA, then you can file a complaint against them for deficiency in service and unfair trade practice before the Dist. Consumer Commission under Section 35 of the Consumer Protection Act, 2019 claiming compensation for harassment and cost of litigation. You can also file a civil suit for cancellation of ISA under Section 31 of the Specific Relief Act, 1963 before the competent Civil Court. Hence, it is recommended to consult with an experienced Advocate for tailored advice and actions needed to navigate the issue in the right way.
Posted On 18-Jun-2025
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